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Item C13 C13 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: C 13 2023-2078 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee AGENDA ITEM WORDING: Approval of Second Renewal of Agreement between Monroe County and Sunshine Gasoline for fuel services. ITEM BACKGROUND: On February 16, 2022 - Dion Fuel and Monroe County entered into an agreement to provide fuel services for Monroe County. Agenda Item C.11. On February 15, 2023 - BOCC approved the first one-year renewal -Agenda Item C19. On June 15, 2023 - Sunshine Gasoline acquired Dion Fuel -Assignment and Assumption Agreement of Contract and Consent was approved by the Board-Agenda Item 2023-1173 PREVIOUS RELEVANT BOCC ACTION: On February 16, 2022 - Dion Fuel and Monroe County entered into an agreement to provide fuel services - Agenda Item C.11. On February 15, 2023 - BOCC approved the first one-year renewal -Agenda Item C19. On June 15, 2023 - Sunshine Gasoline acquired Dion Fuel -Assignment and Assumption Agreement of Contract and Consent was approved by the Board-Agenda Item 2023-1173 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval from the Board DOCUMENTATION: Sunshine Gasoline - Second Extension of Contract.pdf Original Contract and 1 st Extension of Contract with Dion°s.pdf Sunshine Gasoline- C32 - 1173 -Assigment and Assumption.pdf 1159 FINANCIAL IMPACT: Funds are in place for fuel purchases in Fleet's FY-24 budget- no additional financial impact 1160 SECOND RENEWAL OF AGREEMENT BETWEEN MONROE COUNTY AND SUNSHINE GASOLINE DISTRIBUTORS, INC. THIS AGREEMENT is made and entered into this -day of February 2024 between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and SUNSHINE GASOLINE DISTRIBUTORS, INC., ("Sunshine Gas", forn-ierly Dions Fuels LLC.) a Florida Corporation, to renew the agreement between the parties dated February 16th, 20�22. WHEREAS, on February 16 1h 2022, the County and Dions Fuels LLC. entered into an agreement to provide fuel services for Monroe County; and WHEREAS, the term of the initial agreement provides the County with the option to renew the Agreement for four (4) additional one (1) year periods beginning March l5th, 2023; and WHEREAS, the parties executed an extension to the agreement beginning March 15, 2023 and terminating on March 14, 2024; and WHEREAS, the parties executed an assignment and assumption agreement between Monroe County, Dions Fuels LLC., and Sunshine Gasoline Distributors Inc. on June 15, 2023 to reflect Sunshine Gas acquiring Dions Fuels LI-C.; and WHEREAS, the County desires to extend the existing agreement with Sunshine Gas, as both parties have: found the Agreement to be mutually beneficial; and WHEREAS, all other terms of the Agreement dated March 1 Sou' 2022, remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and Sunshine Gas agree, pursuant to the terms of the original Agreement, to renew the Agreement for one (11) additional year beginning on March 15"' 2024 ,and continuing through March 14"' 2025. IN WITNESS WHEREOF, the parties have hereunto set their hands and sea], the day and year first written above. (SEAL) ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By__ As Deputy Clerk Mayor I Chairman Approved as to forni and legal sufficienc.y 0 N/Ionroe Cowity Attortiey's Office Ctristina Cory,Assistwit Comity Attorney 1161 WITNESSES'. SUNSH IN E,,,,QASOLI NE DISTRIB F FRS INC. 'w'iTiless r `itness,2, Print Name �g Title e 1162 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: 2023-1173 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Tania Stoughton N/A AGENDA ITEM WORDING: Ratification of Assignment and Assumption Agreement and Consent of Monroe County Board of County Commissioners to said Assignment and Assumption. ITEM BACKGROUND: Dion Fuels LLC currently has a contract with Monroe County to provide fuel services for the County. Dion Fuels was acquired by Sunshine Gasoline Distributors, Inc. ("Sunshine Gas"). Sunshine Gas agrees to continue to perform under the contract. Both have executed the Assignment and Assumption Agreement and now seek the consent of the Monroe County Board of County Commissioners to the assignment and assumption of the original agreement. In light of the importance of this Agreement during hurricane season, the County Administrator has signed and we are now asking for ratification of the County Administrator's signature. PREVIOUS RELEVANT BOCC ACTION: February 16th, 2022; Dion Fuels and Monroe County entered into an agreement to provide fuel services for Monroe County. February 15, 2023: BOCC approval to first one-year renewal. The current term of the Agreement began on March 15, 2023 and continues for one (1)year. CONTRACT/AGREEMENT CHANGES: Consent to assignment and assumption. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 02_16_2022 Agree ent.pdf 1st Amendment 02_15_2023.pdf assignment and assumption ratification.pdf 2023 06 COI Sunshine Gasoline Signed Lxp 4 212024 .pdf 1 1163 FINANCIAL IMPACT: $0. 2 1164 G10 GOURr, �� °tF`�y� Kevin Madok, CPA :* _ oIrk hgoeGO�N � Clerk of the Circuit Court&Comptroller Monroe County, Florida DATE: February 24, 2022 TO: Daryl Greenlee, Director Fleet Management Tammy Acevedo Executive Assistant FROM: Pamela G. Hanc k, .C. SUBJECT: February 16'BOCC Meeting Attached is a copy of die following item for your handling: C11 Contract between Monroe County and Dion Fuels, LLC for fuel delivery. Sliould you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway ' 88820 Overseas Highway 60 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florir'11650 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SECTION THREE --CONTRACT CONTRACT BETWEEN MONROE COUNTY AND CONTRACTOR FOR UNLEADED GASOLINE AND IESEL FUEL SUPPLIER THIS AGREEMENT, made and entered into this 16th day of February 2022 by and between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County" and DION FUELS, LLC., a Florida corporation, hereinafter called "Vendor" or"Contractor". WITNESSETII: WHEREAS, the County maintains gasoline and diesel fueling facilites throughout Monroe County for purposes of fueling County vehicles; and WHEREAS, the Vendor is qualifed, properly equipped and is in the business of providing gasoline and diesel fuel to fueling facitlies, now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. DESCRIPTION SCOPE OF SERVICES/PROJECT A. The Vendor shall deliver Low, Medium, or High Octane Gasoline as requested by the County and Ultra Lowy Diesel Fuel (Clear and Dyed) to locations in the Ivey West, Marathon, Plantation Ivey, and Key Largo areas as requested by the ordering Monroe County and School Board departments and on the dates requested by such departments. Fuel shall be delivered the next clay if requested by 4:00 p.m. B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven Thousand (7,000) gallons (Full .tanks). The Vendor shall have a metered tanker for all deliveries and shall be required to itemize invoices for each delivery under this provision. 1166 C. Upon request by the County, Vendor shall provide documentation supporting most recent pump meter certification. D. All Monroe County deliveries must be supervised and delivery tickets must be signed and dated by Monroe County personnel. E. The Vendor shall have the capability to pump fuel into elevated and/or aboveground tanks through standard quick detachable couplings. F. The Vendor shall prioritize the County and have ability to provide daily deliveries of gasoline and diesel to multiple locations after a hurricane, natural disaster, or other emergency for as long as the need exists. 2. TERM OF CONTRACT A This Agreement shall be fora period of One (1) year commencing on March 15, 2022 B, The County shall have the option to renew this Agreement after the first year, for four (4) additional one (1) year periods. 3. HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this Contract, Vendor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (1) any claims, actions or causes of action, (11) 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 (111) any costs or expenses (including, without limitation, costs imposed b) any governmental agency by reason of', or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) 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 Vendor or any of its employees, agents, contractors or 1167 other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Vendor or any of its employees, agents, contractors or other invitees, or (C) Vendor'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 Vendor). 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. 4. INSURANCE Prior to execution of this agreement the Vendor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations as stated and attached hereto in the General Insurance Requirements for Suppliers of Goods or Services. 5. PAYMENT A. Price per gallon shall reflect Port Everglades Florida Terminal (RACK) charges. B. Monroe County may not be charged more than the following prices listed above market (RACK) price from date delivered. Unleaded Gasoline (Any Octane) Ultra Low Sulfur $ 0.059 Key West $ 0.069 Key West $ O.049 Sugarloaf $ 0.059 Sugarloaf $ 0.039 Marathon $ 0,049 Marathon $ 0.029 Plantation Key $ 0,039 Plantation Key $ 0.029 Coral Shores $ 0.039 Coral Shores $ 0.019 Key Largo $ 0.029 Key Largo 1168 C. The Vendor shall submit invoices to the County, itemizing the delivery location, the requesting department, the RACK prices, and all taxes, for each delivery to the locations described herein. Invoices shall include supporting documentation that is acceptable to the Clerk. Acceptability tote Clers is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D Upon receipt of an Invoice the County shall have thirty days, in accordance with the Florida Prompt Act, to render payment to Vendor. E. Gasoline and Diesel Fuel taxes must be itemized on each invoice. 6 INDEPENDENT VENDOR At all times and for all purposes under this Agreement the Vendor is an independent Contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the Vendor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 7, ASSURANCE AGAINST DISCRIMINATION Vendor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating. or any other area affecting employment Linder this agreement or with the provision of services or goods under this Agreement. 8. ASSIGNMENT Vendor shall not assign or subcontract this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the County may deem necessary. 1169 This Agreement shall be incorporated by reference into 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 obligation upon the County in addition to the total agreed-upon price of the services i`goo ds of the Vendor. 9. COMPLIANCE WITH LAW In providing all services goo pursuant to this Agreement, the Vendor shall abide by all laws, statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said laws, statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement ands all entitle the County to terminate this Agreement immediately upon delivery of written notice of termination tothe Vendor. The Vendor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 10. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and an delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: For County: For Vendor: Fleet Management Services Dion Fuels, LLC. 3583 S. Roosevelt Blvd, P.O. Box 1209 Key West, FL 33040 Key West, Florida33041 11. FUNDING AVAILABILITY The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval ofthe Board members at the time of contract initiation and its duration. In the event that funds from Fleet Management Services operating Gasoline and Diesel Accounts are partially reduced or 1170 cannot be obtained or cannot be continued at levels sufficient to allow for the purchase of services/goods specified herein, this Agreement may then be terminated immediately at the option of the County by written notice of termination delivered in person or by mail to the Vendor, The County shall only be obligated to pay for any goods delivered by the Vendor until the Vendor has received written notice of termination due to lack of funds. 12. PROFESSIONAL RESPONSIBILITY The Vendor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, Subject to the terms and conditions set forth in the Notice of calling for Bids. The Vendor shall at all times exercise independent, professional judgment and shall assume professional responsibility forte services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, an ""or federal certification and.°`or ficensure of Vendor. 13, 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 on a contract to provide any goods or services to a public entity, may not submit a bid 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 public entity, and 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, for CATEGORY TWO ($35,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. 14. TERMINATION A. 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 CCU NTR-ACTOR 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 1171 provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured. the Agreement will be ten-ninated 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 darnages 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. B. Termination for Convenience: "The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement Ca For Contracts of any amount, if the County determines that the Contractor has submitted a false certification under Section 287,135(5). Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor 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 or Section 287.135(4). Florida Statutes, are rnet. 1172 D. For Contracts of $1,000,000 or more, if the County determines that the Contractor Submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the [ran 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 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, 15. APPLICABLE LAWS AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Vendor agree that venue will lie in the appropriate court or before the appropriate administrative body in the 16'�' Judicial Circuit in and for Monroe County, Florida. The County and Vendor agree that, in the event of conflicting interpretations of the terms or a term oft is Agreement by or between any oft ern the issue shall be submitted to mediation prior tothe institution of any other administrative or legal proceeding. 16. ATTORNEY' E ES AND COSTS The County and Vendor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative tote enforcement or interpretation of this Agreemem, 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, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant tothis Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and custornary procedures required by the circuit court of Monroe County. 1173 17. MAINT ENANCE OF BQOKSRECORDS AND DOCUMENTS & RIGHT TO AUDIT Vendor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreemem for public records purposes during the term of the Agreement and for Five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Vendor pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the Vendor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid tote Vendor. Rfight to Audit Availability qf Recortis. The records of the parties tothis 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 tothis agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable jardgment 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 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 cornputations, 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 1174 independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed byte Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Conti-actor shall repay the monies together with interest calculated pursuant to Section 55,03, F.S., running form the date the monies were paid to Contractor. The right to awfil provisions survives the termination of expiration of this Agreement, I& 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 Vendor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible tote intent of the stricken provision. 19. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Vendor and their respective legal representatives, Successors, and assigns. 20. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance oft is Agreement have been duly authorized by all necessary County and corporate action, as required by law. 1175 21. CLAIMS FOR FEDERAL OR STATE AID Vendor 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 effect these services will be provided to each party. 22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Vendor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction oft e 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. 23. 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 Vendor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tote substance of this Agreement or provision of the services Linder this Agreement. County and Vendor specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. NONDISM RIMINATION.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 or 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 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 1176 discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as arnended (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 aniended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol use 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 [CSC 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 US C s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability-, 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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 ofthis Agreement, the CONTR-ACTOR, in accordance with Equal Eml)loymenl 0I)portunity (30 Fed. Reg. 123319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 3.339), as arnended by Executive Order 11375, Amending Executive 0-der 11246 Relating to Equal Employment 01-)I)orl tinily, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Cornpliance Programs. Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,1 C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employn-tent, 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 toemployees and applicants for employment. notices to be 1177 provided setting forth the provisions oft is 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 tote 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 all investigation, proceeding, hearing, or action, including an investigation conducted byte employer. or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations. and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules. regulations, and orders of the Secretary of Labor® or pursuant thereto, and will permit access to his books. records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain 1178 compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses oft is 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. 25. COVENANT OF NO INTEREST County and Vendor 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 the only interest of each is to perform and receive benefits as recited in this Agreement. 26. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.3 13. Florida Statutes, regarding. but not limited to, solicitation or 1179 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. 27. NO SOLICITATIOMIPAYMENT The County and Vendor 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 froth the award or making of this Agreement. For the breach or violation of the provision, the Vendor 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. 28. PUBLIC ACCESS The County and Vendor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Vendor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation oft is provision by Vendor. 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 Linder 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 attorneys fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract, 1180 The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 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 Counts 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 tote County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided tote 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 tote 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 oft is provision by the Contractor. A Contractor %Arho fails to provide the public records to the County or pursuant 1181 to a valid public records request within a reasonable time may be subject to penalties under section l 19.10, 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 HE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN&bMMONNROECOUNTY-FL.GOy MONROE COUNTY ATTORNEY'S OFFICE 1111 12 T" Street, SUITE 408, KEY WES 33040. 29. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation oft e County and the Vendor 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, 30. 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 tothe activity of officers, agents, oremployees 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. 31. LEGAL OBLIGAI IONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties, 'rhis Agreement is not intended to, nor shall it be construed as, relieving any 1182 participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely 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. 32. 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 Vendor agree that neither the County nor the Vendor 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. 33. XrTESTATIONS Vendor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent oremployee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee 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. 35. 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. 1183 36, 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. 37. MUTUAL REVIEW This Agreement has been carefully reviewed by the Vendor and the County, therefore this Agreement is not to be construed against either party on the basis of authorship. 38. UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations tinder this Agreement will be Mused 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 oft Scope of Services; (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 Scope of Services-, (d) government order or law ill the geographic area of the Scope of Services. (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 Scope of Services;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perforars® changes in cost or availability of materials, components. or services, market conditions, or Supplier actions or contract disputes will not excuse performance by Contractor tinder this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Ch-CUrnstance, 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 ma) onIN seek a no cost Change Order for such reasonable time as the Owners Representative may deterrnine. 1184 39. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 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 byte Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant tothe Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 40, FEDERAL CONTRACT REQ1jlREMENTs The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C,F,R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended, including but not limited to: Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program. Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U,S,C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made byte Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If' applicable, the C01JNTY must place a Current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the 1185 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 or Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subreciplent is prohibited from inducing, by any means, any person employed in the construction, completion, or repair Of public work, to give as any part of the compensation to which lie or she is otherwise entitled. The COLYNTY must report all suspected or reported violations tothe Federal awarding agency, (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U&C 145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier Subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. 5.12, Additionally. in accordance with the regulation, each contractor and subcontractor must furnish each week a -'statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period, The report shall be delivered by the contractor or 1186 Subcontractor, within seven days after the regular payment date of' the payroll periods to a representative of a Federal or State agency in charge at the site of the building or work, Contract Work Hours and Safe 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 taborer 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 tothe 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 i-equirements. 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 pern-rit any such laborer or mechanic in any workweek in which he or she is employed on such work to or 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,- liabilityfor unjmid iiage ,- liquicialed danukifes, In the event of any violation of the clause set forth in paragraph 29 CER. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchmen and ward.,, employed in violation of the clause set forth in paragraph 29 1187 C.F.R. § 5.5 (b)(1 )b 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 byte clause set forth in paragraph29 C.F.R. § 5.5 (b)(1), (3) fVithholdingcar® unl)(tict wages and liquidated clamages. 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 federal ly-assi sted contract subject tote 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 paragraph29 C.F.R. § 5.5 (b)(2). (4) 5ubconlracls. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R, § 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set fort h in paragraphs 29 C.F.R. § 5.5 (1) through (4). Rij,,hts to Inventions Made Under a Contract or Ag�eement. 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 Linder that "funding agreement," the recipient or SLIbrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Clean Air Act (42 U.S.C. 7401-767 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U3,C. §§7401-767]q) and the Federal 1188 Water Pollution Control Act, as amended (33 U` S.C. §§1251-1387) and will report violations to FEMA"Tederal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended----applies to Contracts and sub rants 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. Debarment and Suspension (Executive Orders 12549 and 126891--A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the govern mentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR 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. SA M exclusions can be accessed at �Nyv�ww.sam�. )gy,. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R, §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180,940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F. 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. pt. 3000, subpart C. in addition to remedies available to the COtINTY, 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.FK 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 1189 such compliance in its lower tier covered transactions. Byrd Anti-Lobbying AxBien dment_(3l 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 oremployee 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 $1 00A, the attached certification must be signed and submitted by the contractor to the COUNTY.) Compliance with Procurement of recovered materials as set forth in 2 CFR § 200,321 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 or 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 (he contract performance schedule; 2. Meeting contract performance requirements; or 1 At a reasonable price. 1190 Information about this requirement: along with the list of EPA-designated items, is available at EPA`s Comprehensive Procurement Guidelines web site, tt s.r'.,` .epa. ov"smrn�'comprehensiveprocu ent- uideline-cp ®program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Prohibition on certain telecommunications and video surveillance services or eq i r) ent as set forth in F �200. 1 o Recipients and su reci ie is and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; ) Extend or renew a contract to procure or obtain; or ) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecom unications 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 1 1 -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. (ii ) 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. Domestic preference for pr cureent _mas._._setforth i. ... ....CFR_§290.322�T e COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, 1191 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. Americans with Disabilities Act of 1990, as amended_(APA) The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. Disadvantaged Business Enterprise (DBE) Policy and Obligation ® It is the policy of the COLNTY 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 pall 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.FK § 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 CY.R. §..299.321 CONTRACTING wiTH SMALL AND MINORITY BUSINESSES, ............--——----------------------------------------_ ............. WOMEN'S BUSINESS ENTERPRISES- AND LABOR SURPLUS AREA FIRM -—-—-----------------_ 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 1192 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 econqMj!qally feasi le, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women' business enterprises; (4) Establishing delivery schedules, where the -EmmimmAt permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as aDpropriate, of such organizations as the all Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affin-native steps listed in paragraph (1) through (5) of this section. E-Verify System. 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 or 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. Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 1193 Access to Records: Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security UIS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related tote grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or pro rare guidance. 3. Submit timely, complete, and accurate reports tote appropriate DHS officials and maintain appropriate backup documentation to support the reports. DHS Seal, Low and Flames: Contractor shall not use the Department of Homeland Security sears), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 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. Compliance with Federgl Law Reulationsand 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 No 0-hJi-g4tion by Federal Qgvernmen' t.. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUN TY11"non-Fed era I entity, contractor, or any other party pertaining to any matter resulting from the contract. 1!rogyrarn Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor 1194 acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining tothis contract. Florida Divison of Emergency Management: The CONTRACTOR is bound by any terms and conditions of the Federally- n Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division). 1195 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's perfonnance of worts under this Agreement, to the extent allowed and required by law. In witness whereof, the parties hereto have executed this agreement the day and year first above `Sc BOARD OF COUNTY COMMISSIONERS ADOK,CLERK MONROE COUNTY, FLORIDA E3y: By:_ As Deputy Clerk Mayor/Chairman VENDOR: BY _ DATE: (Corporate Seal) MONROE COUNTY ATTORNEY KZ AS TO FORM Attest: DAMES MPLENAAR t ASSISTANT � NTX�TTQD„1jEY bcm o naar, ,YJrn,u[4rq Date: � �a.»,e,,,,.,,..a,� Witness i l ucss 71 �O 1196 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE a( (Company Of id warrants that he/it has not employed, retained or otherwise had act on his/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". (Signatu4l 17-7 Date: STATE OF: COUNTY OF: 1-Y)un Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, v M !) � on ( - (date) by SAtea ,v (name of affiant). He/$he is personally known to me or ueed k ITH KATHERINE 8MM NOTARY PALIC AMY OOMMISSION#W 281497 zi EVIRES-JanuM2!�2023 M-�, Commission Expires: "Yff�� Bend&f ThAl mc—Ptak Ur4&,*t*3 1197 NON-COLLUSION AFFIDAVIT I, S+ of the city of a �L4,4 according to law on my oath, and under penalty of perjury, depose and say thak: 1. I am +eve n, fy) U ! Incs of the firm of t ls I u making the Bid for the services/work1project described in the Request for Bids L,L for:Ld,e -)If el 5""" and that I ,(J e_,i .I�- executed the said Bid with full authority to do so. 2 The prices in this bid/Bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 3. Unless otherwise required by law, the prices and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for the project/services/work. (Signature of Bidd9Y)' (Date) -STATE OF: V_Lov"c_! I fyi. COUNTY OF: i b 0o v",0(-,, Subscribed and sworn to (or affirmed) before me, by means of qphysical presence or 0 online notarization, on U (date) by C_ (name of affiant). He/80ve is personally known to me cK--ha.&-pfedueed- JUNITIKATHERINESNONS NOTARY PUBLIC My 60immission Expires: 1198 DRUG-FREE WORKPLACE FORM The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Z. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893, (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AILI Bidder's Signature Date STATE OF: V_ "A COUNTY OF: Subscribed and sworn to (or affirmed) before me, by Means of physical presence or 0 online notarization, an t A TT (date) by (name of affiant). He/S'her-jS personally known to me o prodnued'___ ype --ef-idan.t.ifi,c--atien)-as-identificattm�' tlF. JWITH KATHEE E SIMONS NOTARY PUBLIC- W COMMISSION#GO 281497 EXPM JaMoy 25,2023 �Commission Expires: IENI" PAf"Thru No"Kft Lwwwtem 1199 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 public entity, may not submit a bid 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 public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." r 01,(. ' 0,-4 � I have read the above and state that neither Iy r (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: "M on Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization, on 1b (date) by I� (name of affiant). clef Sh�e is personally known to me of--h�as-prrcrd=Ud----- .-of RINE 1 S NOTARY PUBLIC $ My COMMISSION 4 Go 281497 25, *Vb11 M� Commission Expires: W41-1 2023 BMW rm Nowy N&Un, 1200 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s)-_L.,( j Un e -, Respondent Vendor Name: u -, s L- Vendor FEIN: b I 35"L` L�y Vendor's Authorized Representative Name and Title: 5 I-Lv 'n Address: 110 b )x City: L-Z!4 U)k State: Zip: Phone Number: bekl) Email Address° 4-- O(oll 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, attorneys 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 By: 4�4-e-"Ve"'I ryl U ceff, IS f-L"c who is authorized to sign on behalf of the abovefr ferenced company, Authorized Signature: Print Name: Title: M 0-) Note. The List arevailable at the following Department of Management Services Site: S,My http-://www,dm _ available rida.com/business operations/state Durcha,§Iqg/von �a��nyortnation/conu cted suspen� d discriminator complaints vendor lists 1201 Respondent's Insurance and Indemnification Statement InsurAn�p Re uirement Renquired Limits Worker's Compensation Statutory Limits (See Form WC2) Employer's Liability $500,000 Bodily Injury by Accident /$500,000 bodily injury by Diasease, policy limits /$500,000 Bodily Injury by Disease, each employee (See Form WC2) General Liability $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit (See Form GL3) Vehicle Liability $500,000 per Person, $1,000,000 Per occurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit (See Form VI-3) Hazardous Cargo Transporters Liability $1,000,000 per Occurance (See form VLP3) IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 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 CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements, o-14— h) Respondent Signature 1202 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements fo r Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his./her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Conti-actor shall provide, tote County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and"or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 1203 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved b) Monroe County Risk Management, 1204 GENERAL LIABILITV INSURANCE REQUIREMENTS FOR CONTRACTFOR UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER BETWEEN AND CONTRACTOR Prior to the cosy encement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as aminimum: • Premises Operations • Products and Completed erations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimurn limits acceptable s all e: $1,000,000 Combined Single Limit (CSL) Ifs lit limits are provided, the minimum limits acceptable shall e: 500,000 per Person 1,000,000 per Occurrence 100,000 Property Damage n Occurrence Form policy is preferred, If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend fora minimum oftwelve (1 ) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ents. 1205 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINEAND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractors all obtain players' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits 00,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved byte Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued byte Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required, In addition, the Contractor may be required to submit updated financial statements from the fun, upon request from the County. 1206 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINE BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum. liability coverage for: a Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall e: $1,000,000 CombinedSingle Limit ( SL f split limits are provided, the minimum limits acceptable shall e: 500,000 per Person 1,000,000 per Occurrence 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 1207 HAZARDOUS CARGO TRANSPORTERS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Prior to the cornmencernent of work governed by this contract, the Contractor shall purchase Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance with the Motor Carrier Act, the policy should be endorsed with an MCS-90 Endorsement, dennonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage tinder this policy shall be removed. The minimum limits acceptable shall be: S 1,000,000 per Occurrence VLP3 1208 131 NENT-03 LON VR:IgI,... DATE(MMIDDNYYY) CERTIFICATEI F2/412022. 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 INSURR(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 1' CONTACT NAME: -- Morris and Reynolds Insurance 1 C PHONE,Extl: (30 )238®10 0, {AJC,No): 14821 S Dixie Hwy i — _....................... _ Miami,FL 33176 ADDRIESS: INSURER(S)AFFORDING COVERAGE: NAIL# INSURERA;GuideOne America Insurance Co. 42331 ---.__ .. .__._. ......--_ - ---- -�. .._.... _. __._�....... . ....____._ ._.... INSURED INSURER B.LLo yds of London �1 5792 Dion Enterprises LLC, Dion Fuels LLC, Dion Transport LLC i,NSURER c:Bridgefield Casualty Ins Co,. 1033 Past Office Box 1209 INSURER D: - Key West,FL 33041 INSURER E 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" 1,ADDLISUBR POLICY EFF i POLICY ExP T TYPE{?F INSURANCE I POLICY NUMBER LIMITS LIABILITY EACH QQcuRRrNc _._� S__._-------_a 1,000,000 A X COMMERCIAL GENERAL ff CLAIMS-MADE —xi OCCUR X i (62P100724-02 ! 2/812022 III 2/8/2023 mDAMAGE s°RENTED 100,000 f ! APPROVED BY RISK MANAGEMENT MED EX Any ne Eerssnt 0 By _ s PERSONAL&ADV INJURY 1,000,000 PLIES PER: DATE 2/16/2022 GENER/4t.A�GIGATE. .I...s . 2,000,000 2,000,000 LLIMIT POOL ICY_� T '', L4C WAVER NIA_YES® PRODUCTS-QQMP/Q#�AG�G i $ QrwFR_ LIQUOR LIAR 1,000,000 --— — A AUTOMOBILE LIABILITY SINGLEL€lvRI7 1000,000 ' Ea accident ( 3 ANY AUTO X 162P100724-02 2/8/2022 218/2023 L BQg�€LY I€yJURY Perp rsa GOWNED �. SCHEDULED 1 AUTOS ONLY AUTOS i BULALY INJURY(Per accident) 5 HIRED NON-OWNED j F R6PERTY CIAMAGE AUTOS ONLY AUTOS ONLY ; fPer accident) ( $ B UMBRELLA L:IAB X OCCUR EACH OCCURRENCE 5,000,000 X ExcEss LIAR CLAIMS-MADE] 22UKPCB220002530009404 2/8/2022 2/812023 [AGGREGATE 5,000,000 -- I 5 DED I X I RETENTION$ 0 `'. J ...._...._......... s 3 I PER OTH- C WORKERS COMPENSATION T STt TL TE I R _._.. AND EMPLOYERS'LIABILITY YIN , 1 19642371 218/2Q22 2/8/2023 1,flt1fl,000 ANYQ1F PROPRIETORYPARTN i �N'1 A . E.L.EACH ACCIDENT 'I�_.—._-.............____... (Mandatory In NH) E.L.DISEASE EAEMPLOYE. 1,000,000 i Ayes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below I _ E.L.DISEASE-POLICY L!M€I7 $ ( i j i DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Petroleum Distributor-State of Florida MCS 90'Monroe County BOCC,its employees and officials included as Additional Insured With regards to General/Auto Liability With respects to operations of client only. Waiver of Subrogation included on Workers Compensation.REBID# Pollution Liability-Broadened Coverage-Business Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y y ACCORDANCE WITH THE POLICY PROVISIONS, 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE 4 .� ..m. ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reset 1209 The ACORD name and logo are registered marks of ACORD DIONENT-03 VROLON CERTIFICATE OF LIABILITY-` INSURANCE ::2/4/2022 (MMlt1 DIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERl CONTACT NAME Morris and Reynolds Insurance _. ._.. 14821 S Dixie Hwy taro Extl.(30 ) 238-1000 tare,No): Miami, FL 33176 a`DDRlEs$. I INSURER(Sg AFFORP1hdG COURAGE,,.,_ NAIL# INSURER R GuideOne America Insurance Co. 142331 INSURED I,Nsurz�R e:LLovdds of London 11 792 Dion Enterprises LLC, Dian Fuels LLC, Dion Transport LLC 1 tNSURER c:Brid efleld asu.a.Itt Ins Co, _____]1033 Post Office Box 1209 INSURER D Key West,FL 33041 _. _INSURER E: 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. o _ _ INSR ADDL1StJtD 1 POLICY yy POLICY EXP T' ; TYPE OF INSURANCE --_- -- .It?.sip 4V"Vd„� POLICY ...... . MMtDD/YYYYS 4MM9DDtY'Y` ) --. ___ --LIMITS A , X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1 000 000 CLAIMS-MADE �y" OCCUR I DAMAGE TO RENTED 100,000 n { 62P 1 Q0724mt12 2J812022 21812023 PBE _IEa accurrencc $ MED EXP(Any one person) .. Rs aa�&ADvINJURY i t' 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICYIL JE� LOG PRODUGTS COMPIOP AGO. 2,000,000 OTHER: 11QUOR LIAR t 1,000,000 A nuTomoe.ILE LIABILITY -... . _-. - ' COMBINED SINGLE LIMIT 1,000,000 IEaaCCrdentl-..._.._. ANY AUTO X 62P100724-02 218/2022 2/812023 : QDILY INJURY Per ersanJ t ....,.__. r,......_-______. ....._ OWNED SCHEDULED AUTOS ONLY !AUTOS � I BODILY INJURY jeer accident} 5 _ HIREDI NON-OWNED PROPERTY DAMAGE. AUTOS ONLY �.�.-_... AUTOS ONLY � � _(Per aCGiden. ...._... $ _..__.m [_. I 1 s UMBRELLA LIAR .-. OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE 22UKPCB220002530009404 2/812022 ( 2/812023 5,000,000 AGGREGATE .. -._...............w.._ ..,___-.._. DED RETENTION 0 C ;WORKERS COMPENSATION , I X I AND EMPLOYERS LIABILITY Y 1 N 1 57A'6`UTE P _ ANY PROF RIETO 19642371 R?PARTNERIEXECUTIVE L l I 21812022 J 21$f2fl'2'3 E.L EACH ACCIDENT � 1 000 000 OFFICERIMEMBER EXCLUDED? N 1 A .. IMandatory in NH) E.L.DISEASE-EA EMPL©YEEi $ 1,000,000 It yes describe under 'i, DESCRIPTION OF OPERATIONS DOrsw E.L.DISEASE-POLICY LIMIT 1,000,000 I � I DESCRIPTION OF OPERATIONS I LOCATIONS}VEHICLES (ACORD 101,Additional Remarks Schedute,may he attached if more space is required) Petroleum Distributor-State of Florida MCS 90*Monroe County BQCC,its employees and officials included as Additional Insured with regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation,RE:BID#-9 9-0-2 0 1 7111 Pollution Liability-Broadened Coverage-Business Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO Box 100085-FX --- -- Duluth,GA 30096 AUTHORIZED REPRESENTATIVE t ACORD 25(2016103) @ 1988.2015 ACORD CORPORATION. All rights rese 1210 The ACORD name and logo are registered marks of ACORD DIONENT-03 VROL N AC-7"R" [ DATE(MMIDDfYYYY) CERTIFICATE OF LIABILITY INSURANCE 214/ 02 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 IN'SURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME...___._ ..__..._....... Morris and Reynolds Insurance PHONE FAX 14821 S Dixie Hwy (AUC,No,ERt): (305) 23 1000 _.._.,......._. _......__... IAtC,No)_ Miami, FL 33176 ADPRIESS- ....,,,_,........ ...._....,.. INSURER AFFORDING COVERAGEI, NAIC......... .... INSURER A:GuideOne America Insurance CO. 42,331 INSURED ''INSURERS Lod of London_.. — I157g2__ _. Dion Enterprises LLC, Dion Fuels LLC,Dion Transport LLC _INSURERC Brid efield Casualty Ins Co. 10335 Post Office BOX 1209 INSURER D: �- Key West,.FL 33041 __- INSURER E: 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. ,..v.� LTR INSR _..._..... ___ ....__._..._,.�ADDL SUBR �'DLICY EFF POLICY EX "I __._.__,......_r. ..... ... . ___ TYPE OF INSURANCE I( POLICY NUMBER pDlYY"Y'YS LIMITS A, X COMMERCIAL GENERAL LIABILITY € 1,QQQ,Q'QQ EACH OCCURRENCE_ $__._ j i ��- A�ACC CLAIMS-MADE OCCUR 62P1 QQZ24aQ2 21812t22 218t2Q23 SE, RENE� E 100,000 PRFM dEa 4rCUFrenC ) �+ I MED EXP(Any one ers Q - P _anL 1.PERSONAL aADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE 15,__--- ..^.mm2 000,000 Pnuc r J cr j L.OD i PRODUCTS-CO 1PrOP AGO ( 2,000,000 OTHER, i j i LIQUOR LIAR 1,QI�Q,QQQ AUTOMOBILE LIABILITY ( COMBINED SINGLE LIMIT --.1,000,000 (Ea acrid.,r�l ......_.._. ._.°�.... ANY AUTO _ 162P140724-02 2/812€I22 218/2023 BODILY IN,aURY(Per person) S SCHEDULED _..— AUTOS ONLY L AUTOS Rt31 ILY INJURY{Per accErfent} S �.___ _.._. ..�....�., ........ X Hir ,�(... PION-OWNED j I i PROPERTY DAMAGE. AUTOS ONLY ..m,m.. AUTOS ONLY (Per accident B UMBRELLA LIAB IX OCCUR EACH OCCURRENCE S 5,000,000 i EXCESS LIAR CLAIMS MADE 22UKPCB22DQ02530009404 2/812022 218{2023 5,000,600 AGGREGATE ... DED X, RETENTIONS Q.. 1 5 (' WORKERS COMPENSATION X P'ER TATITE 1 ER AND EMPLOYERS'LIABILITY C7TH- YIN 119642371 2/812022 2/8/2023 1,000,000 OFF ANY PROPRIE€OER EXCLUDRDXECUTIVE f I N d A ( ; E L EACH ACCIDENTp� pS ..,,,,,._.... (Mandatory In NH....) - E.L.DISEASE EA EMPLOYE... S 1,000'000 If yes,describe under j 1,QQQ,QQQ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S I � I I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) Petroleum Distributor-State of Florida MCS 90*Monroe County-District School Board its employees and officials Included as Additional Insured with regards to General/Auto Liability with respects to operations of client only. Waiver of Subrogation included on Workers Compensation.REBID#-99-0-2 0 1 7111 CERTIFICATE HOLDER CANCELLATION ___—----_ --—--- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County District School Board THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y" ACCORDANCE WITH THE POLICY PROVISIONS, Post Office Box 1788 Key West,FL 33041-1788 AUTHORIZED REPRESENTATIVE __ _...._ ACORD 25(2016/03) Oc 1988-2015 ACORD CORPORATION. All rights reSE 1211 The ACORD name and logo are registered marks of ACORD GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: February 27, 2023 TO: Daryl Greenlee, Director Fleet Management Tammy Acevedo Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: February 15, 2023 BOCC Meeting The following item has been executed and added to the record: C19 1 st Amendment to renew the existing contract with Dion Fuels LLC for one-year term beginning March 15th, 2023. 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 1212 FIRST RENEWAL OF AGREEMENT BETWEEN MONROE COUNTY AND DION FUELS, LLC 15th THIS AGREEMENT is made and entered into this 20th day of February 2023 between MONROE COUNTY, a political subdivision ofthe State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and DION FUELS LLC., a Florida Corporation, to renew the agreement between the parties dated February 16th, 2022. . WHEREAS,on February 16th,2022,the parties entered into an agreement to provide fuel services for Monroe County, and WHEREAS,the term of the initial agreement provides the County with the option to renew the Agreement for four(4) additional one(1) year periods beginning March 15th, 2023, and WHEREAS, all other terms of the Agreement between the parties,dated March 15th 2022, remain in full force and effect. NOW,THEREFORE,pursuant to the terms of the original Agreement,the parties agree to renew the Agreement for one(1)additional year beginning on March i 5.th 2023. _I ,zNITNESS WHEREOF,the parties have hereunto set their hands and seal, the day and year en above. Jt AT�T13 - VIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS 4 � ft �w OF 1VIONRO UNTY, FL RIDA 'Tt;E •edYJBy By (As Deputy Clerk M yor/Chairman CJ `, LA_ La V NES —�• . DION FUELS, LLC n > B "C. © ness.7v , nes Print Name Title T Apinosrd as to fonn and legal s aTi6 v Nlotttoc Coultty Attorneys Office Christen Cray,Assistant County Attomey 1/19123 1213 DIONENT-,03 A OC"R", DA�E�MMIDD�YYYY) CERTIFICA"rE OF LIABILITY INSURANCE 21312023 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 IINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ............. IIMPOIRTANT: It the certificate holder is an ADDITIONAL INSURED,the pollicy(irts)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, Subject to the term-,and conditions of the policy,certain poH6es,may recluire an endorsement. A stateitnenton this certificate does not confer rights to the certificate holder In lieu of such endorsemen .................... .................. PRODUCER CONTACT Morris and Re nollds InSUrance PHONE FAX 14821 S Dixie Cy JAIC,iuo,ExD (305)--238-1000 (A/C,Na) Miarni,FL EM 33176 AIL --- ------ ---------- - ADDRESS.:. INSURER S),AFFORMNG COVERAGE� NAIC# _ A ide m um �GqQne In C surance rampant's INSURED Ir,URE Li;[_Loyos of London 1579 Dion Enterprises LLC,D on Fuels LLC, Dion Transport LLC INSLIRER c:Clear Spring Property and Cas a I Com any_]15563 -hy P_ I ..................... ... Post Off'Ice Box 1209 INSURER D Key West,FL 33041 COVERAGES.--- CERTIFICATE NUMBER: ............... REVISION NUMBER: THIS, IS TO CERTF-Y I"HAT THE POLICIES OF INSWRANCE LISTED BELOW I 1AVE BEEN ISSUED,TO THE INSLJRED NAMED ABOVE FOR1 HE POUCY PEMOD INIDR,ATED. N0jrrWj1r n-ISTANDING ANY REa,IIREMENT, TERM OIR CONM FICIN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WF10 I THIS CERTIFICATE MAY BE ISSUED OR MAY PERTMIA, THE INSURANCE AFFORDED BY "THE POLICIES DESCRMED HEREIN IS SUBJECT TO ALL THE TERMS, EXCIAJS�ONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MiAY HAVE BEEN REDUCED BY PAID CLAIMxP ... P6-T ..............—----- LC F rr TYPE OF INSUR ADDL SUBR ANC, POLICY NUMBER LAPAITS — L____ .............. A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCZ 1,000,000 CLAWS MADE [_�G] 0CC UR x 62PID0724.03 202023 2/812024 DAMAGE 10 RENI E ... .D 100,000 ........ ...... ...................... 0- ----- ­­-------------------------------- Apy Ih4 41RY 1,000p,000 AGGF1,EGA1'ELIhAI I APPUES PER: ..GE..NE.RA.t,._.AC.G.1.Z E.G. N.1'.E..............FL____.____.___2,000,000 POLICY LOCI $ 2 —0,0 66 ).uza LIQUOR LIAB1lLI ___, I,0 0­0job 0 _­2L 1-1—-1-1 1,.,.,.,., 1............... ......... A AUTOMOBILE UABILITY COMBINED S�NGLE UMI $ 1,000,000 .......... .. . ..... ............... ...... OWNED ScIriEDULED X AIJ7i0S ONLY ANTOS BODILY INJURY UVJLrAL_(PeLi X HIRED NC)NQWNED P�OPERTY UAMA13E AUT?5S ONLY AUTOS ONLY .................. _10 0 0_10 0 0 B UMBRELLALIAB X C t,.�,U R Hr 0C C U R R E N C E .5 X EXCESS LME; CLAIIMS-NIADE 231JKPCB2!20002530009404 218/2023 218/2024 AGGREGATE S RE TENT�ON$ 0 AIImAggregatety00,000 WORKERS COMPENSATION 5�rl- AND EMPLOYERS'LIABILITY ............ YIN C�S-WC-012104-01 2/8/2023 2/812024, E L 11,000,000 ANY PROP RI ETO RiPAR r NErb EXEC U 7 VC WA WrRQEMBER E -1,11Le;atory In NHIraisE.aso- cEwrLGvrc 1,000,000 If yrjs, ondm �F�2E0'�LQ 45Y�E DISEASE-POLICY LIMII S 1,000,000 ................ ................... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AC ORD 101,Ad dMona I Remarks Schedule„may be attached Jf rnore space Is required Petrole'LID-1 Distributor-State of Florida MCS 90'Monroe County BOCO,its employees and officials Included as Additlonal Insured with regards to, General/Auto[-!ability with respects to operat0ons of client only. Waiver of Subrogation Included on Workers Compensation.RE:BID# Poillution Liability-Broadened Coverage-BLISIDess Auto and Motor Carrier Coverage applies subject to a$1,000,000 limit. T t 11 T Z-I CERTIFICATE HOLDER CANCELLATION . 6 . 23 DAT E__ SHOULD ANY OF THE A THE EXPIRA1nON D, Monroe County Board of County Commissioners ACCORDANCE WI POI ICY PROVISIONS. 1100 Simonton Street Key West, Fl.33040 .................. AUTHORIZED REPRESENTATWE ................................................................................................................................................................ .......... ACOC RD 25(2016103) CAI 1988-2015 ACORD CORPORATION All rights,reserverl, The ACORD name and logo are registered marks of ACORD 1214 ASSIMENTAND ry; ME `CD COMERACT 3."1-TIS ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACT AND CONSENT OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereafter "Consent Agreement") is entered into this I ! m day of June, 2023, by and between MONROE COUNTY, an political subdivision of the State of Florida (hereafter "County"), IDIOM FUELS LLC., ("Assignor") and SUNSHINE GASOLINE DISTRIBUTORS, INC. a Florida Corporation, ("Assignee°"). WHEREAS, Dion Fuels, L LC,, ("Dion fuels") was acquired by Sunshine Gasoline Distributors, Inc, ("Sunshine Gas"); and WHEREAS, Dion Fuels gasoline distribution business has been completely transitioned to and assumed by Sunshine Gas; and WHEREAS, Assignor entered into an Agreement, dated February 16, 2022, and all amendments and renewals and/or extensions thereafter,will) the Monroe County Board of County Counnunnissioners, to supply Fuel for the County fuueling facilities, which Agreement is incorporated herein by reference(hereafter the"Original Contract"); and WHEREAS,Assignor desires to assign and transfer to Assignee all of its rights,obligations and responsibilities in and to the Original Contract, subject to tine terrnls, conditions, representations, covenants and agrecnnents set forth in this Consent Agreement; aund WHEREAS, Assignee desires to assume all of the rights, obligations canal respronsibililies for' true pnerfor-ranee of all the services and other matters to be performed under the Original Contract as of May 22, 2023, in accordance with the tcu•rns set fou•th herein; and WHEREAS, tine Monroe County Board of Counnty Commissioners has no objection to tine assignment and assumption of tine Original Contract and' gives its consent to the assignment and assunnnpntion as required by Section 8 of the Original Contract; NOW, THEREFORE, in consideration of the mutual covenants and conditions set foriln below, the County, Assignor and Assignee agree as follows: I, Assi,�nncint. Assignor hereby assigns and transfers to Assignee, its successors areal assigns, all of its rights, obligations and responsibilities and interest in, to and under the Original Contract, subject to (lie terms, covenants, agreements, representations aund conditions thereof: 2. AAcce tiknce. Assignee accepts tine assignment of tile Original Contract and agrees to be bound by all commitments, obligations and responsibilities required to be performed or conapnlied with and assuunics ally liability directly caused by Assignor as a result of Assignor's defective performance or noun-comPliancc Witln such comilli rnnernts,obligations and responsibilities, r g;aardicss of whether the work bad been required to be prerforrned b�y Assignor prior to the assignment. 1215 3. Consent, The C01.1111y hereby consents to the assignment and asstilliplioll of tine Original Contract and releases Assignor from all duties and obligations with respect to the 01igijlal Contract, The pailies herctoagree that time Original Contract shall remain in full force and effect after giving effect to this Consent Agreement, 4. CouptMirts. This Consent Agreement may be executed in two coun terp ails, cach of which shall be deemed all original and which together shall constitute one and the same instrument, IN WITNESS WHEREOF, each party has caused this Consent Agreement to be duly executed and effective as of the date above written and retroactively applicable and enforceable against the pailies herein as of May 22, 2023. DION FUELS, LLC. Tax ID: ("ASSIGNO By: 14 Print Name: Title: "32 a M-t4 - 1 Ln-4 3 Y, An-)-4 SUNSHINE GASOLINE DISTRIBUTORS, INC. Tax JD: Z 117 3-5 ("ASSIGNEE"),,, Print Name: ON BEHALF OF MONROE COUNTY Subject to Ratificatioil by the Board of County Commissioliel-s By: Roman Gastesi, County Administrator Approved as to form mid lewd sufficiency [remainder of'page left blank] -Morroe Counpy Attornty's OfficL A Chiis6m Cory,Assistant Comity Attorney Date: 6.16.23 2 A 1216 ' F7705131/2023 MM/DD/YYYY) AC r t 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:CONTACT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE I FAX HOME OFFICE: P.O. BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664 OWATONNA, MN 55060 E-MAIL CLIENTCONTACTCENTER FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURERA:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 138-926-1 INSURER B: SUNSHINE GASOLINE DISTRIBUTORS INC INSURER C: 1650 NW 87TH AVE DORAL, FL 33172-2614 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1014 REVISION NUMBER: 1 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 NUMBERMIL POLICY EFF POLICY EXP LIMITS LTRX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED PREMISES $100,000 Ea occurrence MED EXP(Any one person) EXCLUDED A Y N 9313870 04/21/2023 04/21/2024 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 X POLICY PRO_ LOC PRODUCTS&COMPIOP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per Person) A OWNEDAUTOS ONLY SCHEDULED Y N 9313870 04/21/2023 04/21/2024 BODILY INJURY(Per Accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per Accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $6,000,000 A I EXCESS LIAB CLAIMS-MADE N N 9313871 04/21/2023 04/21/2024 AGGREGATE $6,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE OTHER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE E.L EACH ACCIDENT OFFICERIMEMBER 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 I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT SEE ATTACHED PAGE DATE 6/19/2023 WAIVER NIA—YES— CERTIFICATE HOLDER CANCELLATION 138-926-1 10141 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040-3110 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION.All rights re 1217 �2 7 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 138-926-1 C � LOC#: °" - ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY SUNSHINE GASOLINE DISTRIBUTORS INC 1650 NW 87TH AVE POLICY NUMBER DORAL, FL 33172-2614 SEE CERTIFICATE#1014.1 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#1014.1 SEE CERTIFICATE#1014.1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSURED INCLUDES: MONROE COUNTY BOCC, ITS EMPLOYEES AND OFFICIALS THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS A DESIGNATED INSURED ON BUSINESS AUTO LIABILITY SUBJECT TO THE CONDITIONS OF THE DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE. BUSINESS AUTO COVERAGE INCLUDES POLLUTION LIABILITY VIA THE CA 99 48, POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS. BUSINESS AUTO POLICY INCLUDES THE MCS-90 ENDORSEMENT. ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights resE-- The ACORD name and logo are registered marks of ACORD 1218 AC V CERTIFICATE OF LIABILITY INSURANCE FDATE(MMlDD1YYYY) 05/31/2023 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 Denise Sellers NAME: South Pointe Services,LLC PHONE o EM: (813)661-0382 aC No 1444 Bloomingdale Ave V-MAIL s: denise@spisfla.com ADDRE INSURERIS)AFFORDING COVERAGE NAIC# Valrico FL 33596 INSURERA: Technology Insurance Co 42376 INSURED INSURER B: Sunshine Gasoline Distributors Inc INSURER C: 1650 NW 87 Ave INSURER D: INSURER E: Doral FL 33172 INSURER F: COVERAGES CERTIFICATE NUMBER. 23-24 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY POLICY E P LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDWYYYY) (MMZDNYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES IEa occurrence $ MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ O. POLICY a JE T ❑LOC PRODUCTS•COMP/OPAGG $ ROTHER: $ AUTOMOBILE LIABILITY COMBccidentINED SINGLE LIMIT $ Ea a ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ RED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANY PROPRIETORIPARTNERIEXECUTNE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N NIA TWC4237997 04/21/2023 04/2112024 (Mandatory 1n NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) APPROVED BY RISK MANAGEMENT DATE 6/19/2023 WAIVER N/A—YES— CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 B 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1219 gip ASSIGNMENT ASSUMP:LJON [e , da V CONTRACT THIS ASSIGNMFINT AND ASSUMPTION AGREEMENT f"' OF C"ClN"I RACT AND CONSENT OF MC)lwlROE COUNTY BOARD OF COUNTY COMMISSIONERS, (hereafter "Consent Agreement") is entered into this 15+41 day of June, 2023, by and between MO ROE .:OUN'11 y, a political Subdivision of this State of Florida (hereafter "County"), 1 ION FUELS LLC"., ("Assignor") and SUNSHINE GASOLINE DISTRIBUTORS, INC, a Florida Corporation, ("Assignee"), WHEREAS, Dion Fuels, L.L.C,., ("Dion Fusels") was acquired by Sunshine Gasoline Distributors, Inc. ("Sunshine Gays"); and WI-IER EA , Dion Fuels gasoline distribution,business has been completely tranitiotned to and assusnied by Sunshine Gas and WHEREAS, Assignor entered into an Agreement, dated February ICr, 2022, and all amendments and renewals,and/or extensions thereafter, with the Monroe County Board of County Commissioners, to supply file] for the County fiteling Facilities, which Agreement is incorporated herein by reference(hereafter the"Original Contract") and "'w I-fpltFA , Assignor desires to assign and transfer to Assignee all of its rights,obligations and responsibilities in and to the Original Contract, sutbJect to the teuims, condition, representations, c;owrenants and aag reetments set forth in this Consent Agreement; and "k "I- ERFA , Assignee desires to assume all of"the rights, obligations and responsibilities for the perlbrtmane of all the services an(] otlier mailers to be performCd Under the Original Contract as of May 22,2023, in accordance with the terins set 1`61111.herein; and WHEREAS, the Monroe County Board of C:'oanty Con'nmissioners has no objection to the assignment and assumption ofthe Original Contract laid gives its consent to the assignment nmenyt and assu iription as required by Section 8 of(lie Original Contract; NOW, THEREFORE,RE, in consideration of the mutual covenants and conditions .set forth below, the County, Assignor and .Assignee agree as follows; l. As ;Ia.,twent. Assignor hereby assigns and transfers to Assignee, its successors and assigns, all of its rights, obligations and responsibilities and inicrest in, to and under the Original Contract, subject to slue terms, covenants, aggreenrucnts,,representation and conditions thereof: „ Arl aaroga Assignee accepts the assignment of the Original Contract and agrees to be bound by all commitments, obligations and responsibilities required to be performed or complied with and assumes any liability dilrectly cauuscd by Assignor as a result of Assignors defective performance or non-compliauwce with such commitments,obligations and responsibilities, regardless of whether the work had been required to be performed by Assignor prior to the assignment. I ua� n" 1220 3. Consent, The C01.1111y hereby consents to the assignment and asstilliplioll of tine Original Contract and releases Assignor from all duties and obligations with respect to the 01igijlal Contract, The pailies herctoagree that time Original Contract shall remain in full force and effect after giving effect to this Consent Agreement, 4. CouptMirts. This Consent Agreement may be executed in two coun terp ails, cach of which shall be deemed all original and which together shall constitute one and the same instrument, IN WITNESS WHEREOF, each party has caused this Consent Agreement to be duly executed and effective as of the date above written and retroactively applicable and enforceable against the pailies herein as of May 22, 2023. DION FUELS, LLC. Tax ID: ("ASSIGNO By: 14 Print Name: Title: "32 a M-t4 - 1 Ln-4 3 Y, An-)-4 SUNSHINE GASOLINE DISTRIBUTORS, INC. Tax JD: Z 117 3-5 ("ASSIGNEE"),,, Print Name: ON BEHALF OF MONROE COUNTY Subject to Ratificatioil by the Board of County Commissioliel-s By: Roman Gastesi, County Administrator Approved as to form mid lewd sufficiency [remainder of'page left blank] -Morroe Counpy Attornty's OfficL A Chiis6m Cory,Assistant Comity Attorney Date: 6.16.23 2 A 1221 ' F7705131/2023 MM/DD/YYYY) AC r t 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:CONTACT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE I FAX HOME OFFICE: P.O. BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664 OWATONNA, MN 55060 E-MAIL CLIENTCONTACTCENTER FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURERA:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 138-926-1 INSURER B: SUNSHINE GASOLINE DISTRIBUTORS INC INSURER C: 1650 NW 87TH AVE DORAL, FL 33172-2614 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1014 REVISION NUMBER: 1 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 NUMBERMIL POLICY EFF POLICY EXP LIMITS LTRX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED PREMISES $100,000 Ea occurrence MED EXP(Any one person) EXCLUDED A Y N 9313870 04/21/2023 04/21/2024 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 X POLICY PRO_ LOC PRODUCTS&COMPIOP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per Person) A OWNEDAUTOS ONLY SCHEDULED Y N 9313870 04/21/2023 04/21/2024 BODILY INJURY(Per Accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per Accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $6,000,000 A I EXCESS LIAB CLAIMS-MADE N N 9313871 04/21/2023 04/21/2024 AGGREGATE $6,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE OTHER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE E.L EACH ACCIDENT OFFICERIMEMBER 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 I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT SEE ATTACHED PAGE DATE 6/19/2023 WAIVER NIA—YES— CERTIFICATE HOLDER CANCELLATION 138-926-1 10141 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040-3110 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION.All rights re ,�222 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 138-926-1 C � LOC#: °" - ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY SUNSHINE GASOLINE DISTRIBUTORS INC 1650 NW 87TH AVE POLICY NUMBER DORAL, FL 33172-2614 SEE CERTIFICATE#1014.1 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#1014.1 SEE CERTIFICATE#1014.1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSURED INCLUDES: MONROE COUNTY BOCC, ITS EMPLOYEES AND OFFICIALS THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS A DESIGNATED INSURED ON BUSINESS AUTO LIABILITY SUBJECT TO THE CONDITIONS OF THE DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE. BUSINESS AUTO COVERAGE INCLUDES POLLUTION LIABILITY VIA THE CA 99 48, POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS. BUSINESS AUTO POLICY INCLUDES THE MCS-90 ENDORSEMENT. ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights resE-- The ACORD name and logo are registered marks of ACORD 1223 AC V CERTIFICATE OF LIABILITY INSURANCE FDATE(MMlDD1YYYY) 05/31/2023 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 Denise Sellers NAME: South Pointe Services,LLC PHONE o EM: (813)661-0382 aC No 1444 Bloomingdale Ave V-MAIL s: denise@spisfla.com ADDRE INSURERIS)AFFORDING COVERAGE NAIC# Valrico FL 33596 INSURERA: Technology Insurance Co 42376 INSURED INSURER B: Sunshine Gasoline Distributors Inc INSURER C: 1650 NW 87 Ave INSURER D: INSURER E: Doral FL 33172 INSURER F: COVERAGES CERTIFICATE NUMBER. 23-24 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY POLICY E P LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDWYYYY) (MMZDNYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES IEa occurrence $ MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ O. POLICY a JE T ❑LOC PRODUCTS•COMP/OPAGG $ ROTHER: $ AUTOMOBILE LIABILITY COMBccidentINED SINGLE LIMIT $ Ea a ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ RED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANY PROPRIETORIPARTNERIEXECUTNE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N NIA TWC4237997 04/21/2023 04/2112024 (Mandatory 1n NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) APPROVED BY RISK MANAGEMENT DATE 6/19/2023 WAIVER N/A—YES— CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 B 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1224