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Home My WebLink About12/04/2023 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- MCT EXPRESS. INC. Contract 4 Effective Date: 9/1/22 Expiration Date: 8/31/25 Contract Purpose/Description: Advanced Life Support transportation for medically managed persons during an evacuation of Monroe County,FL. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Matt Massoud 6043 Emergency Management/ 14: CONTRACT COSTS Total Dollar Value of Contract: $ Not ,,,,x,,$100,000.00 Current Year Portion: $ variable (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the Drti:d shun iiiub�fik , u iioiunOiis Si 00 000.00 of Ilk ir). Budgeted? Yes❑ No ❑■ Grant: $N/A County Match: $ N/A Fund/Cost Center/Spend Cate o : ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES 0 NO ❑ Auto,General Liability,Worker Compensation CONTRACT REVIEW Reviewer Date In Department Head Signature: Shannon Weiner Digitly 6,2015i13-04'0' Date:2023.00.20 16:59:13-04'00' County Attorney Signature: Christina CoryDigie 202i.06.21 Qhi457-Cory Date:2023 OG 21 09 24 57-04'00' Risk Management Signature: Purchasing Signature: Lisa Abreu Dlgle 202i.11.27ed Lisa Abr-0 Date:2023.11.27 13:37:36-05'00' John Quinn Digitally signed by Jet,,,Quinn OMB Signature: Date:2023.11.27 14:55:37-05'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 Agreement between MCT Express,, Inc. and Monroe Country, Floridan for the Transport of Medically Managed Special Needs Patients During An. Emergency THIS AGREEMENT is made and entered into this 4th day of December 2023, by and between MONROE COUNTY, a political subdivision of the State of Florida ("County"), with its principal offices located at 1100 Simonton Street, Key West, Florida 33040, and MCT EXPRESS, INC. ("MCT" or "Contractor"), a Florida for-profit corporation, whose principal address is 2766 NW 62nd Street, Miami, Florida 33147. WITNESSETH: WHEREAS,the County has numerous persons currently enrolled on the County's Special Needs Registry, who will need assistance with transport in the event of an evacuation during an emergency; and WHEREAS, some portion of those individuals will constitute persons who, in the opinion of the local Department of Health, will have medical needs that cannot be met at a special needs shelter because they are disabled, medically dependent on electricity, require a nurse's care, or must be in a hospital setting for 24-hour care, and who therefore must be transported to a nursing home, skilled nursing facility, or other facility outside the area of the event ("Medically Managed Special Needs Patients"); and WHEREAS, the County's Comprehensive Emergency Management Plan(CEMP), which has been approved by both the Board of County Commissioners and the State of Florida Division of Emergency Management, provides that special needs clients may be sheltered in a designated in-county location in the event of a Tropical Storm or low Category 1 storm, but will generally otherwise be evacuated to an out-of-county location, and that Medically Managed Special Needs Patients will be advised of their need to evacuate in the event of an out-of-county evacuation order; and WHEREAS, the CEMP provides that it is the intention of the County, to the best of its ability, to provide for the safety of the elderly and handicapped special needs population whose safety is not provided for through affiliation with another organization, and that transport for the evacuation of the special needs population is the responsibility of Monroe County Social Services and care of the clients is the responsibility of the Monroe County Department of Health;and WHEREAS, in April 2018, the responsibility for maintaining a Special Needs Registry and supervision of transport of Medically Managed Special Needs Patients was transferred from the Social Services Department to the Emergency Management Department; and WHEREAS, the County wishes to prepare for the evacuation and transport of Medically Managed Special Needs Patients from various locations within Monroe County,Florida,to nursing homes, skilled nursing facilities, and hospitals located inside or outside the County, in the event of an emergency;and Page 1 WHEREAS, MCT desires to offer transportation services for Medically Managed Special Needs Patients,up to one(1)caretaker per patient, and the patient's caged or crated service animals during the evacuation and re-entry phases of an emergency as determined by Monroe County Emergency Management. NOW THEREFORE, County and MCT, through their respective governing bodies, and in consideration of the mutual promises and covenants herein contained, hereby agree as follows: Section 1. Definitions 1.1 "Advanced Life Support" or"ALS" shall mean advanced life support, as that term is defined in Chapter 401, Florida Statutes. 1.2 "Basic Life Support"or"BLS" shall mean basic life support,as that term is defined in Chapter 401, Florida Statutes. 1.3 "Ambulance" shall mean an emergency medical services vehicle used in the transport of patients, as defined in Section 401.23, Florida Statutes. 1.4 Other capitalized terms in this Agreement shall have the meanings set forth in Section 401.23, Florida Statutes. Section 2. Services. 2.1 In the event of a local declaration of emergency and notification by the County that the services under this Agreement are required, MCT shall provide transportation for designated Medically Managed Special Needs Patients, up to one (1) caretaker per patient, and up to one (1) properly caged or crated service animal belonging to the patient, in accordance with the attached Scope of Services rate sheet(Attachment A). The point of origin for the trip shall be the residence of the patient. The patient will be transported to a nursing home, skilled nursing facility, or other similar location designated by the County. The return trip shall be from the nursing home, skilled nursing facility, or other similar location to point of origin. 2.2 The services will commence when a local state of emergency is declared by Monroe County Emergency Management and MCT is contacted by County to begin the service. 23 MCT has, and shall maintain throughout the term of this Agreement, appropriate licenses to perform the services under this Agreement; proof of such licenses shall be submitted to the County upon request. Section 3. Payment and S ending.Ca . 3.1 Subject to the language in Section 2.2, the County shall be responsible for payment of invoices following presentation of a proper invoice for services in accordance with the Florida Local Government Prompt Payment Act. MCT shall submit to County invoices with supporting documentation acceptable to the Monroe County Clerk of Court ("Clerk"). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Page 2 3.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 3.3 The maximum amount that may be incurred or paid under this Agreement is Ninety-Nine Thousand Nine Hundred Ninety-nine and 99/100 ($99,999.99) Dollars. Section 4. Term, This Agreement shall run for three years commencing September 1, 2022 and terminating on August 31, 2025 unless earlier terminated pursuant to Section 5 of this Agreement. Monroe County's performance and obligations to pay under this contract is contingent upon an annual appropriation by the BOCC. Section 5. Termination, This Agreement may be terminated at the discretion of either party upon not less than sixty (60) days' written notice to the other party; however, this Agreement may not be terminated by MCT during hurricane season (June 1 —November 1), unless by prior written mutual agreement of the parties. Section 6. Requirements for Evacuation and Transaortat'on of Servike Animals Service animals to be transported must be properly caged or crated, must have been pre- registered, and must have the appropriate documentation and current vaccinations as set forth in the Monroe County Pet Friendly Hurricane Evacuation Center Registration Guidelines. Section 7. N-Qtices. All notices and other communications required under this Agreement must be in writing and addressed as follows: FOR COUNTY: Shannon Weiner, Director Emergency Management 49063 d Street, Suite 150 Marathon, Florida 33050 Matthew Massoud Sr. Planner/Special Needs Emergency Management 49063 d Street, Suite 150 Marathon, Florida 33050 FOR MCT: Jorge Curbelo General Manager—Dade County MCT Express, Inc. 2766 NW 62°d Street Miami, Florida 33147 Page 3 Any Notice required by this Agreement shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or by overnight delivery service with proof of delivery. Section 8. Governing.Law..Venue.Interpretation.. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and MCT agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation conducted regarding this Agreement shall be performed according to the rules of the 16'Judicial Circuit for Monroe County, Florida. This Agreement is not subject to arbitration. Section 9.Entire Agreement/Modification/Amendment. This writing sets forth the entire agreement of the parties with respect to the subject matter of this Agreement. No representations were made or relied upon by either party, other than those expressly set forth herein.No agent,employee,or other representative of either party is empowered to modify or amend the terms of this Agreement, unless in writing signed by both parties. Section 10. Maintenance of Records. MCT 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 f'or a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to MCT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the MCT, the MCT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. Section 11.Bon-Reliance By Non-Parties. W No person or entity shall be entitled to rely upon the terms of this Agreement in order to enforce or attempt to enforce any third-party claim or entitlement to or benefit from any service or program contemplated hereunder, and County and MCT agree that neither party, nor 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 f'or the purposes contemplated in this Agreement. 112 Both parties understand that the employees provided by MCT for the purpose of this Agreement remain the employees of MCT. Execution of this Agreement does not create any employment relationship, contractual or implied, between said employees and the County. Page 4 Section 12. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. MCT shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Section 13.„Insurance. Prior to or at the time of execution of this Agreement, MCT shall furnish the County Certificates of Insurance indicating current coverages in at least the minimum amounts shown in Attachment C. The County shall be named as an additional insured on all general liability and vehicle liability policies. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. MCT will update the County and provide the County with updated proof of insurance and/or certificates of insurance as the term of insurance expires and coverage for a new term is bound. Section 14.,Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law. Section 15. Waiver. The failure of either party to this Agreement to object to or take affirmative action with respect to any conduct of the other in violation of any term or condition of this Agreement shall not be construed as a waiver of the violation or breach,or a waiver of any future violation,breach, or wrongful conduct. Section 16. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. Section 17. Authority. Each party to this Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County, corporate or individual action, as required by law. Section 18. Covenant of No Interest. The parties covenant that they do not presently have any interest, and shall not acquire any interest, which would conflict in any manner or degree with performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Page 5 Section 19. Code.of Ethies. The County and MCT agree that officers and employees of the County are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, and the County's policies, 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. Section 20.,No_Solicitation/Payment. Each party warrants that, with 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, MCT 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. Section 21. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of 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. Section 22. Cessation of Serves. MCT reserves the right to suspend services under this Agreement, if, in MCT's sole judgment, services under this Agreement cannot be operated safely or without unacceptable risk to person or property. Section 23. Federal and State Required Contract.Clauses. The clauses included in Attachment B are required by federal or state statute and are incorporated in this Agreement by reference. Section 24. Complianse_with.....Federal. State and Local Laws, Both parties agree to comply with all federal, state, and local laws in performance of this Agreement. Section 25. Hold Harmless and Indemnification. To the extent allowed by Florida law, MCT agrees to defend and indemnify the County and its elected and appointed officials and employees from any and all claims and suits brought by a third party, arising out of MCT's performance of services under this Agreement. Section 26.Assignment, Page 6 Neither party may assign (voluntarily, by operation of law, or otherwise) this Agreement (or any rights or obligations contained herein)without the prior written consent of the other party, whose consent shall not be unreasonably withheld. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any purported assignment or transfer in violation of this section shall be void. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the day and date first written above. NICT EXPRESS,INC. MONROE COIJNi,y BOARD OF COUNTY " COMMISSIONERS e" 11--1111� By: By: aymon G lez, President R�/i'an 4, si, 76unty Administrator Printed Printed Name: Name: Roman Gastesi Title: Title: County Administrator Date Signed: Date 'z cz Signed: December 4, 2023 Address: -t-A-\44 Address: 1100 Simonton Street n- Key West, FL 33040 Gastesi-roi-nan((e,monroecounty- Email: Email: fl.gov C't:'0� James D. Digitally signed by James D. Molenaar Molenaar Date:20210&22 12:20:15-04'00' Approved as to Form an Legal Sufficiency James D. Molenaar Appowd as to foini and legal qffiriency Asst. County Attorney Monroe Coumity Attoiiiev's Office Page 7 of 25 Chistiria or, Assistant County Attorney ' ' )I Date:6.21.23 MONROE COUNTY ATTORNEY'S OFFICE Page 8 Attachment A SCOPE OF SERVICES AND RATES Basic cost per Basic Life Support (BLS) Transport (each $289.21 aY�................----....__....... ---------...__.......- -----........__...---------------------- ----....----------- Cost per BLS mile (loaded) $9.50 Basic cost of Advanced Life Support(ALS) Transport $323.51 (each way) Cost per ALS mile(loaded) $9.50 .w.w.w.w.w..w..w.-.�.-.-._._._._._._._._._._._._._.-._._._._._._._.-._._._._._._._._._._._._._._._._._._._._._._._._._._._..._.—. _._. . Cost for caretaker and special needs animals $0 (no cost) Cost for second patient transported in same vehicle 20%discount on total of(basic cost +cost per mile) 1. MCT Express,Inc. ("MCT"or"Contractor") will transport a maximum of two (2)patients per ambulance. 2. The County will use its best efforts to provide twenty-four(24) hours' prior notice of need to MCT. 3. At the time of notification, the County shall provide a list of patients for transport and information regarding the destination. Each patient is responsible for providing all necessary medical records to MCT. In the event of an emergency, MCT Express will provide sufficient ALS and BLS assets, and personnel, within a maximum of twenty-four (24) hours from moment of notification, to transport all of the County's Medically Managed Special Needs Patients to places where the patients will be housed during the emergency. The destinations may be within or outside Monroe County, depending on the location of the emergency. 4. Each Ambulance will be staffed with a minimum of one (1) driver and one (1) EMT (for BLS vehicles) or one (1)driver plus one (1)paramedic(for ALS vehicles). 5. At the time of notification from the County that the services under this Agreement are required, the County and MCT Express shall each designate the primary point of contact and a backup person for purpose of the services and shall provide all necessary contact information for each of those people. Those individuals shall have all authority to make necessary decisions on behalf of their respective entities. 6. MCT Express' BLS Ambulances shall be equipped and staffed to provide medical treatments, procedures, and techniques administered or performed by an Emergency Medical Technician (EMT), as that term is defined in Chapter 401, Florida Statutes. 7. MCT Express' ALS Ambulances shall be equipped and staffed to provide medical treatments, procedures, and techniques administered or performed by an Emergency Medical Technician (EMT), as that term is defined in Chapter 401, Florida Statutes. 8. All Ambulances shall be equipped, maintained and operated in accordance with the laws of the State of Florida. MCT Express shall provide appropriate disposable and durable medical supplies on each dedicated Ambulance. Page 9 ATTACHMENT B REQUIRED FEDERAL AND STATE CONTRACT CLAUSES 1. Provisions Required by Federal Law.2 CFR hart 200. a. Termination: i. Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time,upon sixty(60)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. 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. Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to do so to the other party; however, this provision may not be exercised during hurricane season (June 1 to November 30)unless both parties mutually agree to terminate. In the event of termination, the County shall owe the Contractor for all goods and services delivered prior to the date of termination. ii. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY and CONTRACTOR each 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 ten (10) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred or, if ten (10) calendar days' is an insufficient period of time to cure such breach, to provide documentation reasonably satisfactory to the COUNTY that CONTRACTOR is diligently pursuing a cure for such breach. 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 to the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement.In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONTRACTOR. 2. Egual EmUlovment ODUortunity.No Discrimination Provisions. Page 10 CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended,relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 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 41C.F.R.Part 60 (Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor). See 2 C.F.R.Part 200, Appendix 11,¶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 Page 11 for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 3. OTHER FEDERAL CONTRACT REQUIREMENTS. Page 12 Hotel and its subcontractors must follow the provisions, as applicable, as set forth in Appendix 11 to 1 C.F.R. Part 200, as amended, including but not limited to: A. Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. B. Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each parry. C. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. a. 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. Page 13 b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), 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 29 C.F.R. § 5.5 (b)(1). c. Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2). d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through(4). D. 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. E. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act 33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended(33 U.S.C.§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 Page 14 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn,report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. F. 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 governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed atwww.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded(defined at 2 C.F.R. §180.940) or disqualified(defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti-Lobbying Amendment(31 U.S.C. 0352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. � 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the contractor to the COUNTY. H. Compliance with Procurement of recovered materials as set forth in 2 CFR §200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR 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 Page 15 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 web site, https://www.ep a.gov/smm/comprehens iveprocurement-gui del ine-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. Americans with Disabilities Act of 1990, as amended (ADA)—The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. J. Disadvantaged Business Enterprise (DBE)Policy and Obligation_ - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, ANDLABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential Page 16 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 subcontractors are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. K. E-Verify - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired 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 F.S. 448.095. L. Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. M. Access to Records - Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors must: 1. Cooperate with any compliance review or complaint investigation conducted by DHS, 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance, 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. N. DHS Seal, Logo and Flags - Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. O. Changes to Contract- The Contractor understands and agrees that any cost resulting Page 17 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. P. Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each parry to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Q. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director f 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. R. Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the great 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 Page 18 manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: a. "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. b. "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. S. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. T. No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non- Federal entity, contractor, or any other parry pertaining to any matter resulting from the contract. U. 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. 4. Florida Division of Emergency Management Requirements: A. The Contractor is bound by any terms and conditions of the Federally- Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management. B. The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 5. Florida Public Records Requirements. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other "public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, 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. Page 19 Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each parry to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records and auditing purposes during the term of the Agreement and for five (5)years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes, running from the date the monies were paid to Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law. c. 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 public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency 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 Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION Page 20 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 (305) 292-3470, �I rya cX;;;;;�1I„m m;�a;m,( m,r m m,r u.ninty;.,;; �;, ..1, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. 6. Florida and Monroe County Required Terms. a. Force Majeure. Due performance of any duty or obligation hereunder by either parry shall be excused if prevented by acts of God, information providers or other service providers,public enemy, war, terrorism, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage or virus, telecommunications failure, or any other circumstance beyond that parry's reasonable control. b. Governing Law; Forum for Disputes. The 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 parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Florida applicable to agreements made and wholly performed therein. County hereby consents to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located in Monroe County, Florida for the adjudication of any disputes arising out of or relating to this Agreement. This Agreement is not subject to Arbitration. This provision does not negate or waive the provisions of Article H concerning termination or cancellation. c. Right to Audit.Availability ofRecords. 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 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' Page 21 representatives. 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. d. Attestations. Contractor agrees to execute such documents as the County may reasonably require, including, but not being limited to, a Public Entity Crime Statement, Scrutinized Businesses Statement, Non-Collusion Statement, Drug-Free Workplace Form and Ethics Statement. Page 22 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 inexcessof the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neith�`r'�., TI -st. ndent', e) nor any Affiliate has been placed on the convicted vendor list withinm� 1. (.Sina� -... Date: STATE OF: COUNTY OF: C w - Subscribed and sworn to (or affirmed) before me, by means of Pdphysical presence or ❑online notarization, on t� (date) by_ (name of affiant). He/She is personally known to me or has produced 6— (type of identification) as identification. NOTARY PUBLIC +� �': JORGE CURBELO *= MY COMMISSION#HH 212472 EXPIRES:Ja"8,2026 My Commission Expires: JAAV - Page 23 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Contractor) "...warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also,in its discretion,deduct from the Agreement or purchase price r., ther e cover,the full amount of any fee, commission, percentage, gift, or considerat' paid t ie rmer County officer or employee." Date: _\ STATE OF: COUNTY OF: 1 f Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑online PAqnotarization, on_ C Z ,(date) by _ ..__._ ................................................__(name of affiant). He/She is personally known to me or has produced 07 (type of identification) as identification. .` JORGE CURSE ........ ......... ......... *. *: MYCOMMISSIONIHH 0 2124 N . T RY I'IJI3I.1C a° EXPIRES:January8,202672 My ,.onunission.I.:xpires: /7 Page 24 NON-COLLUSION AFFIDAVIT of the city of _according to law on my oath, and under penalty of perjury, depose and say that a. I arri. r �� °� c� -� w .�of the firm of C 4 , making the Proposal for the project described herein and that I executed the said proposal with full authority to do so; b. the prices in this bid/proposal/offer have been arrived at independently without collusion, consultation,communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/respondent or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid/proposal/offer and (if applicable) have not been knowingly disclosed by the bidder/respondent and will not knowingly be disclosed by the bidder/proposal prior to bid opening, directly or indirectly, to any other bidder/respondent or to any competitor; and d. no attempt has been made or will be made by the bidder/respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid/proposal for the purpose of restricting competition; e. the statements contained in this affidavit are true and c, *�� and with full knowledge that Monroe County relies upon the truti, of the st nts contained in this affidavit in awarding contracts for said project.'" (Sigh.A:trd-' Date: '_ STATE OF: COUNTY OF:. . J Subscribed and sworn to (or affirmed) before me, by means ofKphysical presence or ❑online notarization, on /4 7.0?-& (date) by_pl M-7-01re- _ (name of affrant). He/She is personally known tome or has produced!✓ - (type of identification) as identification. N T RY PUBLIC My ommission Expires: Page 25 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this f rm co m ully with the above requirements. (Sig ure Date: , _ �? STATE OF: 4-?06f6PPr- COUNTY OF: Subscribed and sworn to (or affirmed) before^me, by means of physical presence or Elonline 19 notarization, personally n, on._. 1 p _ produced(date) by__�� _.___..__... .... .............. (name ffi of aant . He/She is known to me orhas N ......_ (type of identification) as identification. NOTARY PUBLIC-- My Commission Expir ` A" Page 26 Attachment C Insurance Coverages GENERAL LIABILITY INSURANCE REQUIREMENTS: Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General.Liability Insurance_ Coverage will be maintained throughout the life of the contract and include,as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is-- $1,000000 Combined Single Limit(CSL) An Ocni rence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claim maybe reported should extend for am' of twelve (12)months following the acceptance of work by the County. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. MEDICAL PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS: Recognizing that the work governed by this contract involves the providing of professional medical treatment, the Contractor will purchase and maintain, throughout the life of the contract, Professional Liability hisurance which will respond to the rendering of,or failure to render medical professional services under this contract. The nunlmtun limits of liability are: 1.1000,000 per Occurrence!'$3,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Page 27 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS: Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum,liability coverage for: Owned.Non-Owned, and Hired Vehicles The minimum limits acceptable is: $1,000,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable are: $ 500,000 per Person $1000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Page 28 WORKERS' COMPENSATION INSURANCE REQUIREMENTS: Prior to the commencement of work governed by this contract„the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440,Florida Statutes_ In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less than_ $I00r000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire term of the contract_ Coverage will be provided by a company or cornpar ies authorized to timisact business in the State of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Leiter of Authorization issued by the Department of Labor and a Certificate, of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fimd,a Cer ificate of Insurance will be required_ In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County_ Page 29 CERTIFICATE OF LIABILITY INSURANCE MTE(MwMyyM Q6M 6J23 THIS CERTIFICA'rE IS ISSUED A*TE IWORMATION owyD CdMIFEiiS kb iumts U *HE CE TIFICAAT° FL.TIIIS CERTIFICATE,DOES NOT AFFIRMATIVELY OR WGATIVELY AMEND,EXTEND C3!it ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TIMS CERTIFICATE OF INSURANCE S NOT CONSTITUTE A CONTRACT BETWEEN THE, S RER(Sh AUTHORIZED REPRESENTATIVE OR PRO THE CERTIFICATE IMPORTAKU If the h _ r is an_ADDITIONAL INSURED,the Wicyi1oijendorsed -_ If... _AT„ ,..., IS I WAI1VEIT„subject to dre.term and conditions ofthe policy,certain policies aW requke an endorsement Astatement on this cerfillede does not confer rights to the hold in[Wu of such rr al.. PRODUCER_ .. . . ... _... _.... _.. __. _.... . '.,,... .: ISIDRO GUILIAMA _.. ._. ,_.... _...._ P ni I Cr ,tz U rdera I T tD C 34l a}7 T Imo}zp"7 ;t 4909 SYS 74th CST. I IIESE rr&Una@pMwrw41PxoM Miatni,Ft 0156 -WSURER(S[AFF0RW4G CMM04r.. Phorwe (305)740-4460 Fax (305)74CD WSUW.;rlA: l 0VE-tYS SP,ECAL"IY INSURANCE COMPANY1 WSURED INSUWR a, Mcl Eytixess,incAba Miarni Dade Arrib r Nlc*Sts,lam Medical Care IN-SuREN C Trwisportabon Irw.,Transpixtafion ar al Care INSURER Cb CAD dba E ide2 rld INSURER I r; COVERAGES CERTIFICATE NUMBER:R: REVISION TFNKS IS TO CER I IFY�THAT THE POLK.I'ES'IE 1"UkANCE L.IS1,ED r BELOW_ ICII"W/L°E 13EEII ISSUED T101THE 6 NSURED NAMEO Ak3OVE TOR TH E POLICY PERIOD INERCATF0 hNCD'IWIT1D5T'AN DING ANY RFQMRF.MEWT,TERM OR CO NN'bITON OF ANY CONIRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C:E'F<TIFK "IE MAY TIE'.K%SUELD OR MAY PERTAIN,THE IIISCINTAN+CCDE.AFFORDED BY'THE POLICIES DESCRIBED HEREIN IS S4.BJE,- T TO ALL Tlt-"I"E'Idl o EXCLUSIONS AND CO NLTIT'IONS OF SUCH POLICTIES,LgAIT S SI-IOWN MAY HAVE BEEN REDUCED 13Y'PAICD CLAIMS ADOLPOIlIt POLICY EEh ..POLICY EXP . . IJNMN"PC D Ut IIYPE CIE INS µ_ 9$ ECIC Y _ E.IT YYYI:«I f NA YYYYI GENF .L._. UTY EACA4. ..I.IrrrCwNQ ,000,000,00 . �. 1 KDI".4,IAD 005FL ;37077 1 1rc 2 NDE (Jh/reyassI D a 5,000,00 �aa! 'I0,( I PE RS AL&AIN INJURY' s CAD .µ AC.(3REGKTE s 4,000,000,00 &MWRI ACDaAEGNTE LIMU APPLES PER. r'aaCN K;1T'4-CI /op MYsCi X 4,000,000,00 . IIOLCY ] F_] tlx $ AUTOMOBILE'LI L4TY' 1- r��l Litwin' a BOL rrElY/Ik.l'4 Cb Id.Y INJURY III I $ ALL SCHEDULEDaDY�W. SCHEDULEDAUTOS �' a()D Y NJURY(Dora � X fIAEDAUTOS t r L .— ,ry 24 2 , LrDY COMPENSATION raIM N III�L_. "�T TLD IIn11 VXXWERS . AND E La ! . _ ,. . INN YInUkfl .... f E.LDISEASE -,EAE LOYE $ OrmRIPTION OF OPERA II E N,IDMFASE-PCDLK„w LMdrl l A M4a dx3 al Professional LiabdRy Mcid, OOSFL." °0'rt 081,16r2022 i 16a(I23 ' $1,000,000 EACH CLAIM/ Caw ,0( CTC Iw—WRIPTION OF OPERATIONS/LOCATIONS I VEHICLES 1Attach ALXW)M, 069 kmmuorg SchceaOAO,It Ow s w ..t'Ls ..... D 1 2766 NW 62.STREET"MIAMI,FL. 3314�7 It L. 2, 3635 S,DIXIE I MIAMAI,FL, 33030 dA 1„ SEXUAL.ABUSE-EACH CLAIM/3,000,OW SEXUAL.ABUSE:d4f.�431 LGAT'E PMC"LEST"7AT"ION A GENERAL.LIABILITY$10,000 DEDUCTIBLE, TA PROFESSICD _L.IABILIT'Y S11D, DEDUCTIBLE , N;aF"OR T AT"'NC"N COMPANY-WCL D.EMERGENCY VEHICLES AND NON EITC.�TENC;Y VEHICLES. CertfficAe holder as nanied as additbriM insured as respects to the general liabifty,30 days notim.of cam*illafion applies, CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Gala C IE COUNTY THE EXPIRATION N DATE THERE-OF,DICDTIC«E WILL BE DELIVERED IN ACCORDANCE VWH THE POUCY PROVISKAIS. 490 63 rd s,rREFT(X,EAN SLATE 140 ISIDRO GIAL 1 "" 46/b)RD CORPORATION. AN d9tft reserved. ACORD 25(20 0106)OF The ACORD narne and logo we regisifored marks of AI� DATE(MWDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE HECERTIFICATE HOLDER.THIS 3 THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S UPON CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUiRER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THIS CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed, it SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endlorsement(s). PRODUCER NXAE" .. ... Kevin Johnson PHON(dobaal Af roily Managers A/C Na Ext: 1305)740-6949 (Ame,Nut! 1,109 Castle pennt.Terrace, AMIZVSS: oa�esocarcew iati(�,�strnail.�ona INSURER(S)AFFORDING COVERAGE NAIC a Hoboken NJ 07030 INSURER A. Hartford Fire Insurance Company 19692 INSURED INSURER B. General Star National Insurance C,otnpany 11967 NAC 1 Express,Inc DBA Pulrtx mi.Dade Amibalanv e SOTN ICe INSURER C: Hartford lure Insurance Cornpany I96I12 276c NW 62n d Streel INSURER 0: INSURER E: Miami FL. 42147 INSURER r: COVERAGES CERTIFICATE NUMBER. REVISION NUMBER; TN IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE,POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDI TION OF ANY CONTRACT OR OTI°II=R DOCUMENT WITII RESPEC:T'TO WHICH THIS. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B'Y'THF POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL?CLAIMS. FCOMMERMAL CIF BNSURANCE INSfT tPNVI7 POLICY NUMBER fmmlDO/YYYY) IMMAIDDfYYYY)AL)UL SUM I.IIY+91Ts GENERAL.LIABILITY EACH OCCURRENCE $MAIJE. OCCUR :. ( - ) i$ PRIEMISES Ea o.cerrervice N ET3 TXW(Any rare persgn) $ PERSONAL&AOV INJURY $ GFN I A(XiREGAI E I.lMII't APPLIES PER: GENLRACACGRFKATE�� .5.�.� PRO- LC}C PRODUCTS-COMPIOP AGG $ _E P("IA"Y .�FCT OTHER.: COMBINED SINUIL17707r7 $ 700,000 AUTOMOBILE LIABILITY (Fa accident) ANY AUTO BODILY INJURY(Per pexsonp SCHEDULE)001/203 01/01/2024 F.OFJIIY INJURY .ac..6.dera)0NNES0CNt OSAU((rJ NON-OWNED 12G EtiSt3U - �$HRO) A1J1S ONLY rx AITIOS ONI Y (Per arcdem) - ' UMBRELLA LIAR '.C?COI.)f:.... EACIN OCCURRENCE _ �.... 7()0.:t)O(b r ESS uA8 CLAIfhS WtAIJE *XCi92?7?24F 171fCIU€Z(I23 (11rI1I! Ck24 g c utECsTE N TIONiUIH S COMPENSATION STAIrUTE: ERLOYERS LIABILITY YIN E.L LACH ACCIDENT $ 1,000,000 RIETOR5 ARTNER/I_KE':CUIdVL�...NIA 121NNS:503011 01M1/2023 O'1�/01/2024Ml MBER E LLUC" 1,OI10,Po7CICD In NH) tLL ISEASE EA I'MPLCIYFErr;ne umhasrION CIF OPERATIONS below ISLASE-POLICY LIMI I $ 1,000,000 DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) AP 1ErI5 �' , -," 2L4. Air CERTIFICATE HOLDER CANCELLATION SHOULD'ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OVATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County' ACCORDANCE WITH THE POLICY PROVISIONS. 490 63rd Street OCean Suite 140 AUTHORIZED REPRESENTATIVE R& r+1�4,wov Marathon I'°L 33()60 C 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PUBLIC ENTITY CRIME STATEMENT -A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of' 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither 4entume)" tor any Affiliate has been placed on the convicted vendor list within the last 6 m S.6 p,17s (Signatitrq-_ Date: 7 Ili I STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or Donline notarization, on 7 ql2q (date) by 44 (name ofaffiant). Ile/She is personally known to me or has produced (type of identification) as i en ' ation NOTARY PUBLIC: JORGE CURBELO MY COMMISSION#HH 212472 EXPIRES:January$,2026 My Commission Expires: JJJ-n ,� V Ue 23 SWORN STATEMENTUNDER ORDINANCE O. 010-1990 MONROE COUNTY, FLORIDA E1"Hl(7,S CLAUSE (Contractor) -.''warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No, 0 1,0-1990 or any ("'ounty officer or employee in violation of Section 3 of Ordinance No. 01 101-1990. For breach or violation Ofthis provision the County may, in its discretion, terminate this Agreement witho"ut-,"tiability and may also, in its discretion, deduct from the Agreement or purchase lce',o"rlY th—eT"'WI'se recover, the � ful I amount of any fee, commission, percentage, gift, or consider,tion p rd.1 he former County officer or employee." (Sig""n"ature) Date: of": ST A CO UN TY 0 F: A P-1 h Pe' Subscribed and sworn to (or affirmed) before: me, by means of 5tphysical presence or 0 online notarization,, on 2-114 1!:� (date) by 0" 66A 2A-1' (name ofaffiant). fle/She is personally known tome or has produced (type of identification) as identification. CF JORGE CUMELO N101, ARY PUBLIC WCOM;M S:January$1SS1ON#HH212472 41 WK ,2026 My Commission Expires: jPq\V44L"').1 Z'cj" 24 NON-COLLUSION AFFIDAVIT 1, —ofthecityof Mlt according to law on, my oath, and Linder penalty of perjury, depose and say that. a. I am PV'04 0 t of the firm of met f:)Wrt-s making the Proposal for the Project described herein and that I executed, the said proposal with full authority to do so; b. the prices in this bid/proposal/offer have been arrived at independently without collusion, consultation, Communication or agreement for the purpose ofrestricting competition, as to any matter relating to such prices with any other bidder/respondent or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bidJproposal/ofter and (if applicable) have not been knowingly disclosed by the bidder/respondent and will not knowingly be disclosed by the bidder/proposal prior to bid opening, directly or indirectly, to any other bidder/respondent or to any competitor; and d. no attempt has been made or will be made, by the bidder/respondent r to induce any other person, partnership or corporation to submit, or not to Submit, a bid/proposal fbr the purpose of restricting competition, e. the statements contained in this affidavit are true an 'cof el, ands r,d with full knowledge that Monroe County relies upon the trti of the s d7w1hts contained in this affidavit in, awarding contracts for said project.. (Signature) Date: I_ I at STAT E 0 F: Subscribed and sworn to (or affirmed) before me, by means of Physical presence or 0 online notarization, on-,11 14 1?,q (date) by (51(^IoNI 64111.1 (name ofaffiant). Ile/She is personally known to, me or has prod Liced (type (A'identification) as identification. lwtl JORGE GURSELO A.1� MyC0MMtSSj0N#HH212472 wMES:januwy 8,2026 Y NOfAA PUBLIC yxr My Commission Expires: 25 DRUIGI-FREE WORKPLACE FORM fhe undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: (Name ot'Business) I, Publish a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession,or use ofa controlled Substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business,' policy of maintaining a drug-free workplace, any, available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4 In the statement specified in subsection (I), notif" the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the 'terms of"the statement and will notif"y the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 89 (Florida Statutes) or ofany controlled substance law of the United States or any state, ftr)r a violation occurring in the workplace no later than five () days after such conviction, 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's C0111MLInityr, or any employee who is so convicted. 6� Make a good faith effort to continue to maintain a drug-frmworkplapejhrough implementation ofthis section. As the person authorized to sign the statement, I certify tha thin firm c y plies fully with the above requirements. at ate.,- STATE 0 F: COUNTY 01:`� Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization, one I 1" � (date) by P-A'A �CVN;?,t,I (name ofaffiant). I ie/She is personally known to, me or has produced (type of identification) as identification. No 'l'ARY P't 1BI,IC:-.,-. My C`ommission Expires: 26 CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDYYYY) A o® 04/OS/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAMEACT Isidro/01 Procom Insurance Underwriters PHIC O IA NN EXt: (305)740-4460 FAX No: (305)740-4469 4909 SW 74th Ct. E-MAIL Mbruna@procomcorp.com INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33155 INSURER A: IRONSHORE SPECIALTY INSURANCE CO INSURED INSURER B: MCT Express,lnc.dba Miami Dade Ambulance,Supe INSURER C: Sts Inc Medical Care Transportation Inc,Trap: INSURER D: America Medical Care,Transportation dba Ric INSURER E: 2766 NW 62 St. Miami FL 33147- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MM/DDfYYYY MM DD/YYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE _ $ 2,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREM SES(Ea occurrence) $ 50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 A X 100,000DED Y Y HC7AACUZTDO01 08/16/2023 08/16/2024 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY PRO LOC Hippa Violation E/Clain $ 250,000 We SINGLE LIMIT AUTOMOBILE LIABILITY Ee accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident 1 :A 16K, U $ UMBRELLA LIAB OCCUR Po 0 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE 'I, AGGREGATE $ DED RETENTION$ 4. 24 m $ 15. WORKERS COMPENSATION DA i IMITS OT ORY AND EMPLOYERS'LIABILITY y/N WA u, - , ANY PROPRIETOR/PARTNER(EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ A Medical Professional Liability HC7AACUZTD001 08/16/2023 08/16/2024 $1,000,000 EACH CLAIM/$3,000,OOOAGG DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) A Loc#1 2766 NW 62 Street Miami FL 33147/Loc#2 2365 S Dixie Hwy Miami FI 33030 A 1,000,000 SEXUAL ABUSE EACH CLAIM/3,000,000 SEXUAL ABUSE AGGREGATE/MOLESTATION A GENERAL LIABILITY$100,000 DED A PROFESSIONAL LIABILITY$100,000 DED TRANSPORTATION COMPANY NONEMERGENCY VEHICLES CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 12 STREET SUITE#408 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE d ACORD 25(2010/05) @ 1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC"R" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Procom Insurance Underwriters MCT Express,Inc.dba Miami Dade Ambulance,Super Nice POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance MCT EXPRESS INC dba MIAMI DADE AMBULANCE,SUPER NICE STS INC,MEDICAL CARE TRANSPORTATION INC, TRANSPORTATION AMERICA, MEDICAL CARE TRANSPORTATION dba RIDE2MD dba ZUNI TRANSPORTATION UNITED MEDICAL TRANSPORTATION LLC,RG AMBULANCE SERVICE INC WITH TWO DBA'S AMERICAN AMBULANCE SERVICE,ALL COUNTY AMBULANCE SERVICE 30 DAYS PRIOR TO ANY SUCH CANCELLATION OR MATERIAL CHANGE ACORD 101 (2008/01) 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) A�CORo® CERTIFICATE OF LIABILITY INSURANCE 4/8/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kevin Johnson FAX Global Affini Mana ers PHONE 305 740-6949 tY g A/C,No,Ext: (A/C,No): 909 Castle Point Terrace ADDRESS: onesourcewcins@gmail.com INSURER(S)AFFORDING COVERAGE NAIC# Hoboken NJ 07030 INSURER A: Hartford Fire Insurance Company 19682 INSURED INSURER B: General Star National Insurance Company 11967 MCT Express,Inc INSURER C: Hartford Fire Insurance Company 19682 2766 NW 62nd Street INSURER D: INSURER E: Miami FL 32147 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR IrM PREMISES(Ea occurrence) $ ❑ '"°"""°' MED EXP(Any one person) $ — PERSONAL&ADV INJURY $ 4.15.24 GEN'L AGGREGATE LIMIT APPLIES PER: 1..' ,.. -� --^-�"^' GENERAL AGGREGATE $ O PRO- POLICY �LOC NN WA� PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 300,000 x ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 12CSES50302 01/01/2024 01/01/2025 BODILY INJURY(Per accident) $ HIRED �/ NON-OWNED $ AUTOS ONLY /� AUTOS ONLY (Per accident) UMBRELLA LAB x OCCUR EACH OCCURRENCE $ 700,000 B )C EXCESS LAB CLAIMS-MADE NXG9277724G 11/01/2023 01/01/2025 AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION - ND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N/A 12WNS50301 01/01/2024 01/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured as respects to automobile liability.$700,000 Excess Liability applies as excess to the$300,000 Primary Auto Liability limit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. Board Of County Commissioners AUTHORIZED REPRESENTATIVE 1111 12th St,suite#408 t O-kr.d „ Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD