Item C10 CIO
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
March 20, 2024
Agenda Item Number: CIO
2023-2223
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick
n/a
AGENDA ITEM WORDING: Approval of an Agreement with Quick Painting Group Corp in the
amount of$151,819.00, who was the lowest, responsible, responsive bidder for the Fire Stations Bay
Floor Resurfacing project. This project is funded by the American Rescue Plan Act (ARPA) grant.
ITEM BACKGROUND:
Monroe County received grant funding as part of the American Rescue Plan Act (ARPA) for deferred
maintenance and improvement projects of County facilities.
A Request for Proposals for the resurfacing of the bay floors at four(4) fire stations (Big Coppitt Key,
Big Pine Key, Conch Key and Tavernier)was advertised in January 2024 and three (3)proposals were
received on February 27, 2024. Quick Painting Group Corp was the lowest responsible, responsive
bidder.
PREVIOUS RELEVANT BOCC ACTION:
6/16/21 - BOCC approved acceptance of the American Rescue Plan Act(ARPA) grant
5/17/23 - BOCC approved a Task Order w/McFarland-Johnson, Inc. for the design& engineering of
repairs to various County facilities including the four(4) fire station bay floors.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
Agreement Quick Painting Grp_signed.pdf
334
Bid Tab-2.27.24.pdf
County Forms & Insurance docs.pdf
FINANCIAL IMPACT:
125-06067 (ARPA Facilities)
COI to be provided upon contract approval
335
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of the 20t" day of March 2024
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Quick Painting Group Corp.
9867 South Orange Blossom Trial, Suite 109
Orlando, Florida 32837
For the following Project: FIRE STATIONS BAY FLOOR RESURFACING
Scope of the Work
The general Scope of Work includes the resurfacing of the bay floors at four (4) fire stations
throughout the Florida Keys and spalling repair at one (1) of these locations. The locations
included in this project are as follows:
FIRE ADDRESS PARCEL ID
STATION
#9 28 Emerald Dr, Big Coppitt Key 00156610-000000
#13 390 Key Deer Blvd, Big Pine Key 00111460-000000
#17 10 S. Conch Ave, Conch Key 00099040-000000
#22 151 Marine Ave, Tavernier 00479100-000000
Scope of work shall include the following:
1. Bay Floor Resurfacing (Fire Stations#9, #13, #17, #22): The existing bay floors of the four
(4) designated fire stations will undergo a thorough resurfacing process using the Dur-A-
Flex Hybri-Flex EB epoxy system or a similar high-performance product. The epoxy
system must have exceptional durability, slip resistance, chemical resistance, and ability
to withstand the demands of fire station environments. The application aims to extend the
lifespan of the existing slabs while enhancing their visual appeal and safety.
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2. Concrete Spalling Repair (Fire Station #22): For Fire Station #22, where concrete spalling
and exposed rebars have been identified at the base of the columns in the bay area,
targeted repair work will be conducted to address these issues. This will involve carefully
removing deteriorated concrete and applying the specified treatment including a Galvanic
Anode Cathodic Protection System using industry-standard methods to ensure structural
integrity and safety.
3. The work schedule must be carefully coordinated with County staff and the Monroe County
Fire Rescue. Since these fire stations provide essential services to the community, the
restriction of access to the truck bays is to be minimized as much as is feasible.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Eighty (180) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work
of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
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FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control, without such Party's fault or
negligence and that by its nature could not have been foreseen by such Party or, if it could
have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Project; (d) government
order or law in the geographic area of the Project; (e) actions, embargoes, or blockades
in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the Project; (each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration
of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek additional time at no cost to the County as the Owner's
Representative may determine. The Contractor may only seek a no cost Change Order
for such reasonable time as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Hundred Fifty-One Thousand, Eight Hundred
Nineteen and 00/100 Dollars ($151,819.00), subject to additions and deductions as
provided in the Contract Documents. The Contract Sum is based on the following
locations:
Fire Station #9 Big Coppitt Key - $29,733.00
Fire Station #13 Big Pine Key - $38,743.00
Fire Station #17 Conch Key - $30,643.00
Fire Station #22 Tavernier - $52,700.00
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
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ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act (Section 218.735,
Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may
govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and
use taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of five percent(5%). Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
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5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal
to 150 percent (150%) of the estimated cost to complete the items in accordance with
Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines
for incomplete Work and unsettled claims, including the assessment of liquidated
damages; and
5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay
the Contractor the remaining Contract Sum that includes all retainages previously withheld
by the Owner less an amount equal to 150 percent (150%) of the estimated cost to
complete the incomplete Work (i.e., "punch" list items).
5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of
the General Conditions.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (samples in Section 01027 (Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
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one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated, and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 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, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
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the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of thirty-six(36) months from the date of being placed on the convicted vendor
list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for 1)
a period of five (5) years after all funds have been expended or returned to the
Department of the Treasury, whichever is later or 2) a period of seven (7) years from
the termination of this Agreement or five (5) years from the submission of the final
expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each
party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for seven (7) years following the
termination of this Agreement. If an auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid by the Owner.
Further, the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to
evidence compliance with Section 602(c), Treasury's regulations implementing that
section, and guidance issued by the Department of the Treasury regarding the
foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of access
to records (electronic and otherwise) of the Contractor in order to conduct audits or
other investigations.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
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open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. If an auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid to Contractor. The Right to Audit provisions survive the termination or expiration
of this Agreement.
b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to 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 Contractor agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. The
Parties waive their rights to trial by jury. The County and Contractor agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them, the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
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f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree 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 prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 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 §§ 3601 et seq.), as amended, relating to
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nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990(42 USC § 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in
any federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees
as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
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4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided, advising the said labor union or workers' representative of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
7. In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the 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.
The Contractor and any subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title
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VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made
a part of this contract (or agreement). Title VI also includes protection to persons with
"Limited English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this contract or agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee in violation of Section 2-149, Monroe County Code
of Ordinances or any County officer or employee in violation of Section 2-150, Monroe
County Code of Ordinances. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer
or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
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provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
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to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless otherwise provided in this provision or
as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the Contractor and the County 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 contract entered into by the
County be required to contain any provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County, shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
r) Legal Obligations and Responsibilities. This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility.
s) Non-Delegation of Constitutional or Statutory Duties. 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.
t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
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Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
u) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include, but not be limited to, a Public Entity Crime Statement,
an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace
Statement.
v) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
w) 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.
x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be equal to the dollar value of the contract and not less than $1 million per
occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be
as set forth in the insurance requirements included in this Agreement. Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the COUNTY from any and all
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increased expenses resulting from such delay. Should any claims be asserted against
the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the (COUNTY)
Agency's sovereign immunity.
United States Department of the Treasury Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless
the United States Department of the Treasury and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of the Contractor and persons employed or utilized by the
Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the sovereign
immunity of the United States or the COUNTY.
y) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience for 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.
z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
Contractor agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth
below), applicable federal and state laws and regulations to ensure that DBE's have
the opportunity to compete and perform contracts. The COUNTY and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract
goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used whenever
op ssible.
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b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
COUNTY. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with its subcontractors shall include the COUNTY as additional
insured.
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall
be construed so as to find Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with
or subcontract with an unauthorized alien. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes.
dd) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners and signed by both parties before it
becomes effective.
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ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
For Contractor: Quick Painting Group Corp.
Andres Sanchez, President
9867 South Orange Blossom Trail, Suite 109
Orlando, Florida 32837
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
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apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the contract work, which may require or involve the
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in Paragraph (b)(1)of this section,
the Contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated Damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the
clause set forth in Paragraph (b)(1) of this section, in the sum of $27
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth
in Paragraph (b)(1) of 29 C.F.R. §5.5.
(3) Withholding for unpaid wages and liquidated damages. The
Department of the Treasury shall, upon its own action or upon written
request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from any moneys payable on account
of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in Paragraph
(b)(2) of 29 C.F.R. §5.5.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1)
through (4), and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs
(1) through (4)
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7.8.2 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.3 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as amended). Contractor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate
Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42
U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended—applies to Contracts and subgrants of amounts in excess of$100,000. The
contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA/Federal agency.
The Contractor agrees to report each violation to the COUNTY, understands, and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to
Department of the Treasury/Federal Agency and the appropriate EPA Regional Office.
7.8.4 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed
on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive
Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp.,
p. 235), "Debarment and Suspension" and the Department of Homeland Security's
regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. SAM exclusions can be accessed at w....sar q...gr fir.
Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R.
§180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R.
§180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters
into. This certification is a material representation of fact relied upon by the County. If it is
later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or Proposer
further agrees to include a provision requiring such compliance in its lower tier covered
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transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department
of the Treasury's implementing regulation at 31 C.F.R. Part 19.
7.8.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If the award exceeds $100,000, the certification,
attached hereto as Exhibit "B" and made a part hereof, must be signed and submitted
by the Contractor to the COUNTY.
7.8.6 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322.
The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are
EPA-designated items unless the product cannot be acquired —
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
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The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
7.8.7 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or
extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
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component of any system, or as critical technology as part of any system. As described
in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to,the government
of a covered foreign country.
7.8.8 Domestic Preference for Procurements as set forth in 2 CFR �200.322.The COUNTY
and Contractor should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The 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.
7.8.9 Copeland "Anti-Kickback" Act (2 C.F.R. 200, Appendix II (D); 40 U.S.C. �3145). This
section applies if the contract is in excess of$2,000 and pertains to construction or repair,
and further, if required by Federal program legislation. Contractor shall comply with the
Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of
Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides in part that Contractor shall be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which it is otherwise entitled. The COUNTY shall report
all suspected or reported violations to the Department of the Treasury.
Other Federal and Department of the Treasury Requirements (as applicable)
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply
with all the requirements as imposed by the ADA, the regulations of the Federal
Page 22 of 31
357
government issued thereunder, and the assurance by the Contractor pursuant thereto.
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions
governing the access to records, accounts, documents, information, facilities and staff by
the United States Department of the Treasury. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by the
Department of the Treasury; (2) Give the Department of the Treasury access to and the
right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by the Department of the
Treasury regulations and other applicable laws or program guidance; and (3) Submit
timely, complete, and accurate reports to the appropriate Department of the Treasury
officials and maintain appropriate backup documentation to support the reports.
7.8.12 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.
7.8.13 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that Department of the Treasury financial assistance will be used to
fund the contract only. The Contractor agrees to comply with the requirements of Section
602 and Section 603 of the Social Security Act, regulations adopted by the Department of
the Treasury pursuant to Section 602(f) and Section 603(f)of the Act, and guidance issued
by the Department of the Treasury regarding the foregoing. The Contractor also agrees to
comply with all other applicable federal statutes, regulations, and executive orders, and
the Contractor shall provide for such compliance by other parties in any agreements it
enters into with other parties relating to this award.
Federal regulations applicable to this Department of Treasury award include, without
limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this award an
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F — Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, 1 pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 10 is hereby incorporated by reference.
Page 23 of 31
358
iv. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Non procurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part 180,
subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part
20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
7.8.14 No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal
entity, contractor or any other party pertaining to any matter resulting from the contract.
7.8.15 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
7.8.16 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the Contractor during the
term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
7.8.17 The Contractor will be bound by the terms and conditions of the Federally Funded State
& Local Fiscal Recovery Fund Financial Assistance Agreement between the County and
the United States Department of Treasury attached hereto as Attachment "A" and made
a part of this Agreement.
7.8.18 The Contractor shall hold the United States and COUNTY harmless against all claims of
whatever nature arising out of the Contractor's performance of work under this Agreement,
to the extent allowed and required by law.
7.8.19 Energy Efficiency. If applicable, the 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.
7.8.20 Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-
of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest
Page 24 of 31
359
policy is applicable to each activity funded under the federal award as set forth in
Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or
the pass-through entity, as appropriate, any potential conflict of interest affecting the
awarded funds in accordance with 2 C.F.R. § 200.112.
7.8.21 Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the
Act, other applicable laws, Treasury's implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in Section 602(e) of the Act and any additional payments may be subject to
withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
7.8.22 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch
Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State
or local government employees whose principal employment is in connection with an
activity financed in whole or in part by this federal assistance.
7.8.23 Publications. Any publications produced with funds from the federal award as set forth in
Attachment A must display the following language: "This project[is being] [was] supported,
in whole or in part, by federal award number [enter project FAIN] awarded to [name of
Recipient] by the U.S. Department of the Treasury."
7.8.24 Debts Owed to the Federal Government.
a) Any funds paid to Contractor (1) in excess of the amount to which the Contractor is
finally determined to be authorized to retain under the terms of the federal award as set
forth in Attachment A; (2) that are determined by the Department of the Treasury Office of
Inspector General to have been misused; or (3) that are determined by the Department of
the Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and
603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to
the federal government.
b)Any debts determined to be owed the federal government must be paid promptly by the
Contractor. A debt is delinquent if it has not been paid by the date specified in the
Department of the Treasury's initial written demand for payment, unless other satisfactory
arrangements have been made or if the Contractor knowingly or improperly retains funds
that are a debt as defined in Paragraph 14(a) of the federal award as set forth in
Attachment A. The Department of the Treasury will take any actions available to it to collect
such a debt.
7.8.25 Disclaimer.
a) The United States expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of the Contractor or third persons resulting in
death, bodily injury, property damages, or any other losses resulting in any way from the
Page 25 of 31
360
performance of services funded under the federal award as set forth in Attachment A or
any other losses resulting in any way from the performance of services pursuant to any
contract or subcontract under this award.
b) The acceptance of the funds provided by the federal award as set forth in Attachment
A by the Contractor does not in any way establish an agency relationship between the
United States and the Contractor.
7.8.26 Protections for Whistleblowers.
a) In accordance with 41 U.S.C. § 4712, The Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related
to a federal contract (including the competition for or negotiation of a contract) or grant.
b) The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c) The Contractor shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
7.8.27 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), the Contractor should adopt and enforce on-the-job seat belt
policies and programs for its employees when operating company-owned, rented or
personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
7.8.28 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and
subcontractors to adopt and enforce policies that ban text messaging while driving, and
Page 26 of 31
361
the Contractor should establish workplace safety policies to decrease accidents caused
by distracted drivers.
7.8.29 Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor
must report the names and total compensation of its five most highly compensated
executives and the names and total compensation of the five most highly compensated
executives of its subcontractors for the preceding completed fiscal year if:
(a) the total federal funding authorized to date under the award funding this Agreement
equals or exceeds $30,000.00 as defined in 2 C.F.R. 170.320;
(b) the Contractor received 80 percent or more of its gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as provided by 2 C.F.R. 170.320 (and subcontracts);
(c)the Contractor received $25,000,000.00 or more in annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as defined in 2 C.F.R. 170.320; and
(d) the public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue
Code of 1986. To determine if the public has access to the compensation information, see
U.S. Security and Exchange Commission total compensation filings at
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this Agreement after five (5) calendar days'
written notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate
this Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the COUNTY shall provide Contractor with seventy-two
(72) hours'written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the COUNTY terminates this Agreement with the Contractor, COUNTY shall pay
Contractor the sum due the Contractor under this Agreement prior to termination, unless
Page 27 of 31
362
the cost of completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for damages caused
by the breach. The maximum amount due to Contractor shall not in any event exceed the
spending cap in this Agreement. In addition, the County reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of contract
and including the right to pursue a claim for violation of the County's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon thirty (30) days' written notice to Contractor. If the
COUNTY terminates this Agreement with the Contractor, COUNTY shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract. The maximum
amount due to Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the COUNTY determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the COUNTY shall have the option of(1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the COUNTY determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List or been engaged in business operations in Cuba or Syria, the
COUNTY shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
1. Project Scope drawings and specifications manual dated 10/23/2023 by McFarland-
Johnson, Inc. (64 pages).
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
Page 28 of 31
363
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals.
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 02/20/2024 2
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 29 of 31
364
Execution by the Contractor must be by a person with authority to bind the entity,
SIGNATURE OFT PERSON EXECUTING THE DOCUMENT IMiUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chajirman
MONROE COUNTY ATTOMNEYS OFFICE
Date APPROVED AS TO FOAM
—A�"Slr T 10�1 ATTORNEY
DATE-
CONTRACTOR'S Witnesses Attest: CONTRACTOR: CIS PAINTING
Contractor must provide two witnesses GROUP C
signatures Signatu
I jSignature: Print Na .Andres Sanchez
aniela Arrioja P sident
Print Name: Title-,
Date',03/01/2024 Da�e03/01/2024
and
Siglnature:JA�. PM
Print Name: Bestalia Ma4o
Data:03/011/2024
STATE OF Florida COUNTY OF Orange
On this 1st day of March 1 21:P-4 , before me, the undersigned notary public,
by means of R] physical presence or F online, personally appeared
Andres Sanchez ' (name of aff iant) known:to me to be the person
whose name is si cribed above or who produced FL Driver License as identification, and
acknowledged at he he i the person who executed the above contract with Monroe County
name is s cri bed �bove or acknowledged at he he the person
for FIRE STA' IONS BA ESURFACING for the purposes therein;, contained.
I ic
Notary Pobfic StaW o�F[cq,joa
Notary lic Daniel Sanoiez
My Commisvon HH 064637
FrontNa e— 4"d; Fxpres 111712024
I R— ]E]
My commission expires: (Seal)
Page 30 of 31
365
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 31 of 31
366
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2 a J 367
SECTION 00120
NON-COLLUSION AFFIDAVIT
Andres Sanchez of the city'Doral
according to law on my oath, and under penalty of perjury, depose and say that:
1 1 am President
of the firm of Quick Painting Group
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
—Fire Stations Bay Floor Resurfacing
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal 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 proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has',been made or will be made by the proposer to induce any other person,
partnership o orporation to submit, or not to submit, a proposal for the purpose of
restricting c I petition; and
5. The sta+&ZVents�
contained in this affidavit are true and correct, and made with full
kn llie f said project.
17
77 9
02/26/2024
( ' ` Fature of Proposer) (Date)
STATE OF: Florida
COUNTY OF: Orange
Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online
notarization, on 02/26/2024 (date)
by Andres Sanchez (riam. e of affiano. He/She is personally
known to me or has produced FL Driver License tyR�,of identification) as
identification.
Notary Pub4c ate of Florida
Daniel Sanchez TARY PUBLIC
we My Commission HH OfA637
gar Expires 11/17/2024
�.m miss jorhexpire
s o
PROPOSAL FORM 00 120- Page 29 of 241
368
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,,-Quick Painting Group It
(Company)
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 Ordina ' e No. 010-1990. For breach or
violation of this provision the County may, in its discretion, to mate this contract without liability
and may also, in its discretion, deduct from the contract or u chase price, or otherwise recover,
the full amount of any fee, commission, percentage, gi , r consideration paid to the former
County officer or employee".
.............
(Si ature)
te: 02/26/2024
STATE OF: Florida
COUNTY OF: orange
Subscribed and sworn to (or affirmed) before me, by means of physical presence or Cl online
notarization, on 02/26/2024 (date)
by Andres Sanchez (name of affiant). He/She is personally
known to me or has produced FL Driver License of identification) as
identification.
Notary Public State of Florida
Daniel Sanchez
My Commiss4on HH 064637 NOTARY PUBS
Expires 11/17/2024
(SEAL) es:exp r
PROPOSAL FORM 00120- Page 30 of 241
369
DRUG~FREEVVORKPLACE FORM
The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that:
Quick Painting Group
(Name ofBusiness)
1. Publishes a statement notifying employees that the unlawful manufaotune, dietribudon,
diapenoing, posoeaeion, or use of e controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free vvorkp|oce, any available drug counae|ing, 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 proposal g copy mf the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under propose[ the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law ofthe United States or any stato, for avio|ation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes e sanction on, or require the satisfactory participation in e drug abuse assistance or
rehabilitation program if such is available in the employee's commu Y, or any employee who is
so convicted.
6, Makes a good faith effort to continue to maintain a drug-free wo pl ce through implementation of
this section.
As the person authorized to sign the statement, I certify Ah, complies fully with the above
th
Proposer's Signature
/26/2024
STATE OF: Florida .I�L Date
COUNTY OF:Orange
�
Subscribed and sworn to (or affirmed) before me, by means of mu physical presence or O online
notarization, on 02/26/2024 (date) by Andres Sane-hez
(name of affiant).
He/She is personally known to me or has produced FL 4lriver Li ns�
type of identification)
as identification.
4��Ptk�� Not ry Public State of Florida
Daniel Sanchez
My Commission HH 064637 NOT
Expires 11117/2024
370
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, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the abov and state that neither Quick Painting Group
(Proposer's name n r any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) m s.
......................
f"ature)
ate: 02/26/2024
STATE OF: Florida
COUNTY OF: Orange
Subscribed and sworn to (or affirmed) before me, by means of V physical presence or 11 online
notarization, on 02/26/2024 (date)
by Andres Sanchez (name of affiant). He/She is personally
known to me or has produced FL Driver License ,,,(type of identification) as
identification. .1111111,__ I"
OTARY PUB C B M j�,
(SEAL) Ti�i n ex' ires: L
com
?40 Pit
Nolllry Pubk_,151.le d Honda
DanW Sanchez
My Commission HH 064637
Expires 11/1712024
iK]
PROPOSAL FORM 00 120- Page 32 of 241
371
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Oeaorodon(s): Fire Stations Bay F|OOF Resurfacing
Respondent Vendor Name: Quick Pi tiD Group
47-43��5��
VendorFBN:
Vendor's Authorized Representative Name and Titl Andres d[B8 Sanchez - President
Address: 9R67S Orange Blossom TrI Ste 109
City: Orlando Shaba: FL Zip: 32837
Phone Number 4O7-733-O4O1 Email Address: iOfD@qVickpaintinggnJVp.cO[O
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or nsnevvnQ a contract for goods or services of any amount if, at the time of contracting or
nenevvo|' the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725' Florida Gtotuteo, or is engaged in a Boycott of Israel. Section 287.135, Florida
Stetuteo, also prohibits a company from bidding on, submitting a proposal for, or entering into orrenewing
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 Terrorism Sectors Lists
which were created pursuant too. 215.473, Florida Statutes, or is engaged in business operations in
Cuba orSyria.
As the person authorized to sign on behalf of Respondent. | hereby certify that the company identified
abmveintheSeotionentit|ed ''ReapondentVendorName" imnot |iatedonthe Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Terrorism Sectors Liot, or engaged in business operations in Cuba orSyria.
| understand that pursuant to Section 287.135' Florida Statutes, the submission of e false certification
may subject company LO civil penalties, BttOrney's fees, and/or costs. | 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 ino boycott of Israel or placed onthe Scrutinized Companies with Activities in Sudan List orthe
Scrutinized Companies with iii i \ Terrorism Sectors Lit b di business
operations in Cuba or Syria.
Certified By' Andres Sanchez
who is authorized
to sign on behalf of the above.W(fere ced company.
Authorized Signature:
Print Name:Andres Sanoet"
Title-. President
Note: The List are 94ilable at the following Department of Management Services Site:
ended
PR(]PCJSALFC}RM OO12O- Page 33of241
372
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made
or entered into, Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor, Quick Painting Group _, certifies or affirms the truthfulness and
accuracy of each statemen�of its certification and disclosure, if any. In addition,
the Contractor understa and agrees that the provisions of 31 U.S.C. Chap. 38,
or Administrative Remeq, s False Claims and Statements, apply to this certification and
:1
disclosure, if any.
lk
Sig ture of Contractor's Authorized Official
Andres Sanchez - President 02/26/2024
Name and Title of Contractor's Authorized Official Date
PROPOSAL FORM 00120- Page 34 of 241
373
DISCLOSURE OF LOBBYDIG ACTI S
COMPUTE TMS FORM TO DECLOSE LOWMG ACTTV=PEMSUANT TO 31 UA.0 131
1. Til p f Federal ct oaa: 2. Statws of FederalActiou. rt'1"a :
A1�
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, gram b, ;espial=wd b, mumal char4gre
c. owperalm m C. post-a cd
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e. loans Famwee :te
f lon.invarzaxe date of last report.
4. Nanwand.AddressofReputingEnfity S.. if Reporting is.No.4 is S bat as-deek
En Address of Prime-
kimeSubawardee
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rad = ". E Nan e . ` ,
Monroe County Fire Stations Bay Floor Resurfacing
C,Mk Nuinber,if uppbcable
., FederalActtaa Nandw, f; pm Award if ,
$151,819
11 a, Num as asp of Lobby Eafit b, . . oats Peafor aces ( c'
(If. aivall.las,1 ume,Est name,,Mj addYess if differeta No.I ftl
Quick Painting Group ast "first ,
9867 S Orange Blossom Trl#109,Orlando, FL 32837
11_ Amowt of Eanymes t(eAKk aalf th2f apply), 11 F" t(cab A that apply)
ts, one-timfee
12. Form of Payment(che<k all f a �)- c. co s;sio
a., cash d. c S"
b. ia-kmd, spy: na=e e ddwed
vake f other,specify,
U Bbef Description of Senices Perfumed ar to be perbruted xad t (s)of tee,imclatfing
or s contarted,for Ilkynient la&caW in,tun 11.
Fire Stations Bay Floor Resurfacing
(attach Goa a h ,)if f aar')
1S_ ttrtr ;�attacked. 'din ❑ No
Tida 31 Lt .C:.socidw 1312 rids d mxi totkn
robl=vUwp1wadb3^ ,awAbm*- ban tr=w !m priAndres Sanchez
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d for'Local Reprodwtoo
Federal Use Only: Staaadwd Fenn-UL
2-6c PART 2:4' OUt^n'
PROPOSAL FORM 00120- Page 35 of 241
374
Minority Owned Business Declaration
Quick Painting Group , a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
X is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
F.S.288.703(3) "Minority business enterprise"means any small'business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions, which is domiciled in Florida,and which is at least
51-percent-awned by minority persons who are members of an insular group that is of a particular racial,ethnic, or
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of cormercial enterprises under the group's control,and
whose management and daily operations are controlled by such persons. A minority business enterprise may
primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this
subsection,the term"related immediate family group"means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5
million or any firm based in this state which has a Small business Administration 8(a)certification. As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
Contractor , refer to F.S. 288.703 for more information.
Contractor/ Sub-Recipient: Monroe County
n#fure Signature
Pritit`Name: Andres Sanchez Printed Name:
Title: President Title:
Address: 9867 S Orange Blossom Tr) Ste 109 CJMB Approved No. 1.505-0271.
City/State/Zip Orlando, FL 32837
Date: 02/26/2024
PROPOSAL FORM 00120- Page 37 of 241
375
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Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Quick Painting Group, certifies, bysubmission
of this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department oragency,
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRA
Ig ure Recipient's Name
A'�dres Sanchez - President
Name and Title Division Contract Number
� 9867SOrange Blossom Tr| Ste 1O9 OMB /\pp�mv�Approved No. l505_O27l
Street Address
�
Orlando, FL32837
City, State, Zip
Date 02/26/2024
377
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Business Automobile Liability $300,000 Combined Single Limit
(Owned, non-owned, and hired vehicles)
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Section 255.05, Florida Statutes.
Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be equal to the dollar value of the contract and not
INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 241
378
less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes, Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractors failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
United States Department of the Treasury Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
United States Department of the Treasury and its officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the
Contractor and persons employed or utilized by the Contractor in the performance of this
Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United
States or the County,
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnifi c#n and hold harmless and duty
to defend as set out in this proposal.
Quick Painting Group
PROPOSER ature
INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 241
379
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
GLP-0349354-00 $2,000.00
53-873297-00 $500.00
WFL506636400 $0
Liability policies are X Occurrence Claims Made
DocuSigned by:
Insurance Office of America, Inc. (IOA) Fvwt, pt,
Insurance Agency Signat 850B01682858478...
End of Section 00130
INSURANCE REQUIREMENTS AND FORMS 00130- Page 47 of 241
380
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, March 12, 2024 5:53 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John
Subject: Item C10 BOCC 03/20/2024 REVISED ITEM WORDING
Attachments: AIS 2223 C10 REVISED ITEM WORDING.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good evening,
Please be advised,the agenda item wording has been revised for item C10.
"Approval to waive purchasing policy with respect to the newspaper advertisement requirement and Approval of
an Agreement with Quick Painting Group Corp in the amount of$151,819.00, who was the lowest, responsible,
responsive bidder for the Fire Stations Bay Floor Resurfacing project. This project is funded by the American
Rescue Plan Act(ARPA)grant. "
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
gqjz..- Y .�.. _rn nroecou�_n�.Y..-.�..:. .Y.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
CIO
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
March 20, 2024
Agenda Item Number: CIO
2023-2223
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick
n/a
AGENDA ITEM WORDING: Approval to waive purchasing policy with respect to the newspaper
advertisement requirement and Approval of an Agreement with Quick Painting Group Corp in the
amount of$151,819.00, who was the lowest, responsible, responsive bidder for the Fire Stations Bay
Floor Resurfacing project. This project is funded by the American Rescue Plan Act (ARPA) grant.
ITEM BACKGROUND:
Monroe County received grant funding as part of the American Rescue Plan Act (ARPA) for deferred
maintenance and improvement projects of County facilities.
A Request for Proposals for the resurfacing of the bay floors at four(4) fire stations (Big Coppitt Key,
Big Pine Key, Conch Key and Tavernier)was posted to Bonfire in January 2024. Due to a
miscommunication between staff members, the RFP was posted to the County website and to Bonfire
but inadvertently was not advertised in any newspaper as required by Subchapter 3(A)(3) of the Monroe
County Purchasing Policy. There was a total of 28 plan holders via Bonfire and three (3) bid proposals
were received on February 27, 2024.
Staff is requesting approval to waive the purchasing policy with respect to the advertisement
requirement and approval to award a contract to Quick Painting Group Corp., which was the lowest
responsible, responsive bidder.
PREVIOUS RELEVANT BOCC ACTION:
6/16/21 - BOCC approved acceptance of the American Rescue Plan Act(ARPA) grant
5/17/23 - BOCC approved a Task Order w/McFarland-Johnson, Inc. for the design& engineering of
repairs to various County facilities including the four(4) fire station bay floors.
1
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
Agreement Quick Painting Grp_signed.pdf
Bid Tab—2.27.24.pdf
County Forms & Insurance docs.pdf
FINANCIAL IMPACT:
125-06067 (ARPA Facilities)
COI to be provided upon contract approval
2