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06/10/2024 Agreement Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under C_oniiac �arrh EE&G Construction & Ro c�nrracr# _ .m Effective Date: Within 10 day of issuance of NTP,PO or TO Date Final completion within 30 days,unless Wended Expiration Contract Purpose/Description: Gato Building-First Floor Air Duct Cleaning Gato Building 1100 Simonton Street,First Floor,Key West,FL 33040 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: WiliiambeSantis407 Facilities Maintenance/Stop#9P CONTRACT COSTS Total Dollar Value of Contract: $ �2,780 00 Current Year Portion: $ (must be S 100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the Budgeted?Yes❑ No Grant: $_ County Match: $ Fund/Cost Celiler/`S)cnd.Cate o 001-20s01-60061 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance, utilities,janitorial,salaries,etc.) Insurance Re uired: YES ❑NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: William DeSantis Patricia Eables anysgnedbyPateciaEables County Attorney Signature: 2024 06 04 12 44 03-0400 Dale....,...,......................... Jaclyn Flatt Dgtally,,geed by Jadyn Flatt Risk Management Signature: Date.2024 06 04 13.0037 04'O0 Purchasing Signature: Lisa Abreu Dig1a10240604 41B04 0 Dale:2024 O6 D4 14 IB:04-0400 John Quinn by'°hnD°inn OMB Signature: etl04143740 0400 D�g�lany: .... Dale 202406...................____- Comments: Revised BOCC 4/19/2023 Page 84 of 105 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR GATO BUILDING - FIRST FLOOR AIR DUCT CLEANING BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District I David Rice, District 4 Michelle Lincoln, District 2 ACTING COUNTY ADMINISTRATOR Kevin G. Wilson Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis 05/10/2024 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 52 Monroe County Facilities Maintenance General Scope of Work Job Name: GATO BUILDING — FIRST FLOOR AIR DUCT CLEANING Job Location: Gato Building 1100 Simonton Street, First Floor Key West, FL 33040 Contact: Chrissy Collins - Facilities Maintenance crulHns. K.!1.Lm..................YC um,r r c;r2,uu ....:::: ,. r;y 305-304-9711 ....... ............. ............. ............ ............... ......... ............ ................. ....... ............ ................................................................. PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("Owner" or "County") shall enter into a contract with a qualified Contractor to conduct air duct cleaning and appropriate mold control treatment,at the Gato Building located at 1100 Simonton Street, Key West, Florida. The term of this contract shall commence upon approval and execution of the contract by Monroe County and will terminate upon final completion of the Project as noted herein. Contractor shall commence performance under the contract,which may include applying for a permit if one is required for the Project,within Ten (10) calendar days of the date of issuance to the undersigned by Owner of a Notice to Proceed, Purchase Order, or Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) days, thereafter, unless an extension of time is granted by the County. The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: City of Key West Building Department, Monroe County Building Department, and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. Page 2 of 52 B) All quotes are due by Wednesday, May 15,2024, at 12:00 P.M.,via email to collins- chrissy@monroecounty-fl.gov,,,,,All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to complete the Air Duct Cleaning in the Health Department and Social Services offices on the First Floor of the Gato Building: • Complete air duct cleaning in all supply and return area vents throughout with negative air pressure machine • Mold control/antimicrobial treatment 3. General Requirements The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Chrissy Collins 305-304-9711 A) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping B) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. C) The Contractor shall load, haul, and properly dispose of all construction debris and materials. D) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. E) The Contractor shall furnish all required work site safety equipment. F) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. Page 3 of 52 G) Construction work times shall be limited to: Specified by the County. H) The Contractor shall provide a lump sum price by Wednesday, May 15, 2024, at 12:00p.m., via email as noted herein. I) The Contractor needs to be aware of weather and location and plan accordingly. J) The Contractor needs to be aware of the facility,its residents, and staff with unusual schedules and plan accordingly. K) The Contractor shall provide a safety lift plan for any crane/hoist work. L) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. M) The Contractor shall provide a schedule for all phases of the project. N) The Contractor shall coordinate all activities with concurrent site work being performed, if any. O) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required Page 4 of 52 The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A "Sample" Certificate of Insurance is attached,which may not be reflective of the insurance amounts required for this project but is provided for"informational purposes" only. P) The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form. Q) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 O. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Page 5 of 52 I United States Department of the Treasua Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County, R) NON-COLLUSION.By signing this proposal, the undersigned swears,according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition,as to any matter relating to suchprices with any other bidder or with any competitor. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor.No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the lull knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. S) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission,percentage, gift, or consideration paid to the former County officer or employee. T) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112,313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. I'I I Page b of 52 i i U) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. 4) In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I) Nondiscrimination/E_gual Employment Opportunity. The Contractor and County agree that there will. be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor 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 disability; 4) The Age Discrimination Act of 1975,as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse Page 7 of 52 i i i or alcoholism; The Service Act of 1912 ss. 523 and 527 42 USC ss. s , 7) e Public Health Se v ce { 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 1.990 (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 Il, which prohibits discrimination on the basis of race, color, sex,religion,national origin,ancestry,sexual. orientation, gender identity or expression, familial status or age; and It) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order .11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor),see 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other -forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an Page 8 of 52 i j 1 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 by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, 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 contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such 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 in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1)through(8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, The Contractor will take such action with respect to any subcontract or Page 9 of 52 3 i i 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 1 interests of the United States. Title VI of the Civil Rights Act of 1.964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,which prohibits recipients of federal financial assistance from excluding from a program or activity,denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et scq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. I1) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721. et at. of the Monroe County Code. i Page 10 of 52 t i a D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to Contractor. If the County terminates this agreement with the Contractor,County shall pay Contractor the stun 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 j 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 Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized CoLnpgn_ies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. III) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all fiords have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33,whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,Florida Statutes, running from the date the monies were paid to Contractor. Further,the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c)and 603(c)of the Social Security Act,Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. { Page 11 of 52 i I I i 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. IV) Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. Ifany auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. V) Payment of Fees/Invoices. County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat., Sec.21.8.70,upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's Page 12 of 52 i I disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Chrissy Collins via email at collins- c Lit J—ss mt -fl.�cav- The County is exempt from sales and Use taxes. A copy oCtlie tax exemption certificate will be provided upon request, Final payment shall be made by the COUnty, as the 0-vvner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. The Contractor MUSt C0111ply with Florida public records laws, including but not limited to Chapter 119, Florida SWtUtes and Section 24 of article I of the COrlSfitLltiOn Of Florida. The COUrny and Contractor shall allow and permit reasonable access to, and inspection of all CIOCLIMentS, records, papers., letters or other­pUblic record" materials in its possession or under its control subject to the provisions of Chapter 1 19, Florida StatUtCS, and made or received by the COL111ty and Contractor in conjunction With this contract and related to contract performance. 'rhe County shall have the right to Unilaterally cancel this contract upon violation of this provision by the Contractor. Failure or the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County inay enforce the terms of this provision in the form of a COLHI proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding, This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors abOUL Florida Public Records Law in order to comply vvith this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this Contract, the Contractor is required to: (I) Keep and maintain public records that would be required by tile County to perform the service. (2) Upon receipt from the COUnty'S custodian of records, provide the COUnty With a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt Il-0111 public records diSCIOSLirc 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 tile COLHILY. (4) Upon completion of the contract, transfer, at no cost, to the COLInty all public records in possession of the Contractor or keep and maintain pliblic records that WOUld be required by the County to perform the service. If the Contractor transfers all public records to the County Up011 COMPICtiOn Of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt fi-0111 public records Page 13 of 52 i disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES2 TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE NO. 305- 292-3470, BRADLEY-BRIAN(a7MONROECOUNTY-FL.GOV� MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408, KEY WEST FL 33040. VII) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat,, Sec. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland.Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's F-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 Fla. Stat., Sec. 448.095. I Page 14 of 52 i i i i VIII Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S.Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: EE&G Construction&Restoration LLC 14879 NE 20th Ave North Miami FL 33181 For Owner: Facilities Maintenance Department Attention: Chrissy Collins 123 Overseas Highway--Rockland Key Key West, Florida 33040 And Monroe County Attorney's Office 11 l 1 12`h Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a)acts of God; (b)flood, fire, earthquake,explosion,tropical storm, hurricane or other declared emergency in the geographic area of the .Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services,market conditions,or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all Page 15 of 52 i i diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. X) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 1,Nondiscrimination, or Section 11, concerning termination or cancellation. 4. FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix It to C.F.R. Part 200, as amended, including but not limited to: A} Clean Air Act 42 U.S.C. 7401-7671 and the Federal Water Pollution Control Act (33 U.S.C. §41251 1387), as amended. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-767tq) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to the Department of the Treasury 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. §§1.251- 1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000.00. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the American fescue Plan Act funding. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Department of Treasury/Federal Agency and the appropriate EPA Regional Office. B) 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 forty (40) hours. Work in excess of the standard work week is permissible provided that the worker Page 16 of 52 i i I i I is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work,which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation;liabilityfor unpaid wages;liquidated damages. In the event of any violation of the clause set forth in Paragraph(b)(1) of this section,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph(b)(l) of29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held.by e same prime rime 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 } I Page 17 of 52 Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Su&,onlrtwls. "File contractor or subcontractor shall insert in any Subcontracts the Clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(I) 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 tile ClaUSCS Set forth in 29 C.F.R. §5.5, Paragraphs (I) through (4). C)i Rights to Inventions Made Under as Conti-act or Agreement. If the Federal award meets tile definition of- funding agreement" Under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into as contract with a small business firm or nonprofit organization regarding the SUbstitLitiOn of parties, assignment or performance of experimental, developmental,or research work under that"funding agreement,"' the recipient Or SUbrecipient i-nLlSt comply with the requirements of 37 CFR Part 401. *,Rights to Inventions Made by Nonprollit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementinZ:,g re�,'Lllations issued by the awarding agency, _ D) Debarment and Suspension (Executive Orders 12*549 and 12689) A contract award Linder a "covered transaction * (see 2 CFR §180.220) must not be made to parties listed oil tile government-wide exclusions in the System for Award Management (SAM). in accordance with the OMB guidelines at 2 C.F.R. Pall 180 that implement Executive Orders 12549 (3 (.',,FR, Pau-t 1986 Comp., jl. 189) and 12689 (3 C.F.R, Part 1989 Comp., p. 235), -Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (NonproCUI-Cment Debarment and Suspension). SAM EXCILISiOnS contains the names or parties debarred, Suspended, or otherwise excluded by agencies, as well as parties declared ineligible Linder statutory or regulatory aUtI101'ity other than ID Executive Order 12549. SAM exclusions can be accessed at www.sarn v. L--VC2-- 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). Tile Contractor must comply with 2 C.F.R. pt. 180, Subpart C and 2 C,F.R, pt. 30001, subpart C, and Must illCIUde 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 tile County. If it is later determined that the I contractor did not comply with 2 C.F R. pt. 180- subpart C and 2 C.F.R, pt. 3000, subpart C. ill addition to remedies available to tile 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,FK pt. 180, Subpart C and 2 C.F.R. Pt. 3000, Subpart C while this offer is valid and tllrOLlghOUt tile period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring SUCII compliance in its lower tier covered transactions., HICILlding, that tile award is subject to 2 C.F.R. Part Page 18 of-52 180 and the Department of the Treasury's implementing regulation at 31 C.FK Part 19. E) Byrd Anti-Lobbying Amendment (31U.S.C.§13552) Contractors that apply or bid for an award exceeding $100,000 must rile 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 601- 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 M 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 diSCIOSL[res are forwarded from tier to tier Lip to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,0100, the attached certification must be signed and submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR 200.323. The Contractor Must C0111ply With Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 itICILide procuring only iterns designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with F maintaininty a satisfactory level ofcornpetition,where the PLH-ChaSe price of the item exceeds $l 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000, procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement prograrn for procurement ofrecovered materials identified in the EPA guidelines. In the performance ofthis contract, the Contractor shall make maxinlUrn Lise of products containing recovered materials that are EPA-designated items Unless the product cannot be acquired — 1. Competitively within a tirnefrarne providing for compliance with the contract performance schedule, 2. Meeting contract performance reqUiremeriLs, or 3. At a reasonable price. hil:'ormation about this requirement, along with the list ot' EPA-designated 1- items, is available at EPA's Comprehensive Procurement Guidelines website. J le-c The Contractor also agrees to comply with all other applicable requirements of Section 6002 orthe Solid Waste Disposal Act. Page 19 of 52 i G) Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR$200.216.Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal fiends to (1) Procure or obtain; (2)Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. H) Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement,and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. i 1) Copeland "Anti-Kickback" Act 2 C.F.R. 200 Appendix,11 D • 40 U.S.C. j 43145). This.section applies if the contract is in excess of$2,000 and pertains to � construction or repair, and further, if req Wred by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. Page 20 of 52 I I I §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on. Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United ,States'). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction,completion, or repair of public work,to give up any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 5. Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act(ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its slab-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 1990 (ADA}, as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS I Page 21. of 52 1 I 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; (t) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement hermits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph(1)through(5)of this section. C} Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts,and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and(3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D) Changes, to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly i Page 22 of 52 compensated executives and the names and total compensation of the Five most highly COIllpeIlSatCd CXCCLItiVeS of its subcontractors for the preceding completed fiscal year if (a) the total federal funding authorized to date under the award funding this Agreement eqLjals or exceeds $30,000.00 as defined in 2 C.F.R. §1 70.3M (b) the Contractor received 80 percent or more of its gross revenues frorn Federal procurement contracts (and subcontracts)and federal Financial assistance subject to the Transparency Act. as provided by 2 C.FK §170,320 (and subcontracts); (c) the Contractor received $25,000.000.00 or more in annUal gross revenues from federal PrOCLirernent contracts (and subcontracts) and federal Financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts), and (d) the public does not have access to information about the compensation of the executives through periodic reports riled Under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78rn(a), 78o(d))or Section 6104 of the Internal Revenue Code of 1986. To determine if' the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at litt ,&,L)'�/.iiiswer°s/execoiiip.jl!,Lii. F) No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to tile COL[nty/110n- Federal entity, contractor or any other party pertaining to any, matter 1'eSLII'ting frorn the contract. GO Program Fraud and False oa® 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. H) Tile Contractor shall LltihZe the U.S. Department.of f-lorneland SeCLH-ity's E-Verify system to, verify the employment eligibility of" all new employees hired by the Contractor daring the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize tile U.S. Department of Homeland Security's E-Verify systern to verify the employment eligibility of all new employees hired by the subcontractor &I-Ing the Contract term. 1) The Contractor will be b0L11ld by the terns and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreernent between tile COLInty and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. Page 23 of-52 ,n The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement,to the extent allowed and required by law. K) Energy Efficiengy If applicable, the Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. L) Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of interest policy is applicable to each activity funded under the federal award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. M) Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c)of the Act regarding the use of fiends,previous payments shall be subject to recoupment as provided in. Section 602(e)of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(1[I) of the Act, as applicable. N) Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to Sections 602(o and 603(o of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, 2 C.F,R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F —Audit Requirements of the I i Page 24 of 52 i 1 i Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. O) Hatch Act, The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. P) false Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. Q) Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language; "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." I i R) Debts Owed the Federal Government. Page 25 of 52 1 I E i i a. Any funds paid to the Contractor (1) in excess of the amount to Which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a)of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. S) Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment .A. by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. T) Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: L A member of Congress or a representative of a committee of Congress; Page 26 of 52 i i i I i a ii.An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law � enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. U) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997),the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. V) Reducin_Text Messaging_While Driving• Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 27 of 52 i a PROPOSAL FORM PROPOSAL TO: Monroe County Facilities.Maintenance 123 Overseas Highway—Rockland Key Key West,FL 33040 PROPOSAL FROM: Mr.Yadir Jimenez EE&G Construction&Restoration, LLC 14879 NE 20th Avenue North Miami, EL 33181 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of Gato Building ® First Floor Remediation and having carefully examined the site where the Work is to be performed,having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws,ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications,and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions ender which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to coinrnence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty(30)days,thereafter, unless an extension of time is granted by the County, { E i Page 28 of 52 i {3 1 i I I The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Twelve Thousand, Seven-Hundred Eighty---------------------------------------------------------------Dollars. (Total Base Proposal-words) — ------ 12,780.00------------------------------------------------------------------------------------------------------Dollars. (Total Base Proposal--numbers) I acknowledge Alternates as follows: NIA I acknowledge receipt of Addenda No.(s) or None No. Dated None No. Dated Page 29 of 52 1 f In addition, Proposer states that he/she has provided or will provide the County, a1011(1 with this C- Proposal, a certified copy of Contractor's License, Monroe County Business 'rax Receipt, and Certificate of Insurance showing the millinIUM insurance reqUirernents for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the N/lonroe COL111ty web page: littp://fl-r-noiii-oecOLtilty-CiViCplLls,coiii/Bl(ls.aspx?Cat[D=18; AND accepts all ofthe ternis and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: EE&G Construction & RestoraUon, LLC Mailing Address: 14879 NE 20th Avenue, North Miami, FL 33181 Phone NUmber: 305-374-8300 E.I.N.: 86-1106610 Email: RDevito@eeandg.com i yjimenez@eeandg.com Date: 5/i-ainn Signed: Robert DeVito, Vice President of Operations Name Title Contractor's Witness simature: Witness name: Date: ---. 31 IP .......... The County accepts the above proposal: MONROE COUNTY, FLORIDA Date: 06.10.2024 By: AICIL]112� County Administrator or Designee MONROE COUNTY ATTORNEY OFFICE 11,1F-D,,)AOS TO 'ORM Page 30 of 52 PATMCIA EABLFS ASSISTA T A 2 ORNEY 1) -- NON-COLLUSION AFFIDAVIT Robert Devito of the city of Melbourne according to law on my oath;, and under penalty of perjury, depose and say that: a. I am Vice President of Operations of the firm Of EE&G Construction&Restoration, LLC the bidder making the Proposal for the project described in the Request for Proposals for: GATO Building- First Floor Mold Remediation and that I executed the said proposal with full authority to do so-, b. The prices in this bid heave 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 aniy other bidder or with any competitor; and C. Unless otherwise required by law, the prices which have been quoted in thiis bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restrictiing competition;, and e. The statements contained in this affidavit are true and correct, and made with full knowledge, that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Proposer) Robert DeVito, Vice Presudent of Operations (Date) STATE OF: Florida COUNTY OF: Brevard Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or El online notarization, on (date) by Robert Devito (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. L 40 Notary Public state of Ftonda Nol 'If i Margaret L Quick My Commission HH 120174 Epires 0412112025 BLIC V41 NOTARY P0 My commission expires: 0 L) �!Z P,Z 15 (SEAL) L a Page 31 of 52 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 91 EE&G Construction and Restoration LLC F1 (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Robert DeVito, Vice President of Operations date: STATE OF: Florida COUNTY OF: Brevard Subscribed and sworn to (or affirmed) before me, by means of 129 physical presence or 1:1 online notarization, on g, 1 3 20 QLJ (date) by Robert Devito (name of afflant). He4S4e is p_e�sMajly�nqwa to me or has produced as identification. (Type of identification) NOTARY PUBLIC My commission expires: (SEAL) 0001 Notary Public State of Flonda O'ki, Margaret L Quad My Commission HH 120174 Expires 04/2112025 Page 32 of i2 DRUG-FREE 'ORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certil'ics that: EE&G Construction& Restoration, LLC (fame of BLIShICSS) I Publish a statement notil'ying employees that the unlawful manufacture, clistribUti011, dispensing, POSSeSSi011, 01- 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 ofdrl.lg abuse ill the workplace, the business's policy of maintaining a drug-free workplace, any available drug COLHISCling, 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 orcontractLial set-vices that are under bid a copy of the statement specified in subsection (I 4. In the statement specified ill Subsection (I ), notify tile employees that, as a condition of working oil the commodities or contractual services that al-e under bid, the employee will abide by the terins of the statement and will notify the employer of any conviction or, or plea Of guilty or nolo contendere to, Lilly 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) clays after Such conviction. 5. Imposes a sanction oil, or require the satisfactory, participation in a drug abuse assistance or rehabilitation program if Such is available in the employee's con-irn Lill ity, for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation ofthis section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Robert DeVito Proposer's Signature Vice President Operations Date STATE 017 Ronda COUNTY OF: Brevard Subscribed and sworn to (or affirmed) before me, by means of"IN physical presence or 0 online notarization, oil 5 1 'l L,� Z Lj _(date) by Robert DeVito (nal-ne of affiant). flel-Sate, is persona I Iv_ki.lown to me or has produced (type of identification) - s-identification. NoTAPY PUBLIC ..1 0 Notary Public State of Florida Margaret L Quick Y)my commission HH 12()174 My Commission Expires: 0 L-1 Expires OW2112025 Page 33 of 52 Z:� PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list," I have read the above and state that neither Robert Devito (Respondent's name) nor any Affiliate has been placed on the, convicted vendor list within the last thirty-six (36) months. (Signatur Jjce President of Operations Date: STATE OF: Fiorida COUNTY OF: Brevard Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or El online notarization, on the I (p day of 1 20 ,2 Ij (date), by Robert Devito (name of affiant). He/_She is 22rson,a jly known to me or has produced (type of identification) as identification. NTAR' PUBLIC (SEAL) 7, My Commission Expires: 1 "o AIN Notary Public State of Ronda 4 1 Margaret L Quick * My commission HH 120174 f ern Fxpires 04121/2025 Page 34 of 52 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Gato Building-First Floor Mold Remediafion Respondent Vendor Name: EE&G Construction&Restoration, LLC Vendor FEIN:,.86-1106610 Vendor's Authorized Representative Name and Title: Rnhert[')Pvitn Vice President of Opprations Address: 14879 NE20th Avenue City: North Miami State: EiQcida Zip: 33181 Phone Number 321-574-5559 Email Address: RDevitoneeandq.corm Section 287.135, Flodda Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s, 215.473, Florida Statutes, or is engaged an business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, i hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott lsrael List or engaged in a boycott of Israel and for Projects of $1,000,0100 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Robert DeVita,Vice President of Operations who is authorized to sign on behalf of the above referenced compapy' Authorized Signature: 2_ Print Name: Robert DeVito Title: Vice President of Qlp era ions Note: The List are available at the following Department of Management Services Site: !1UP.1/W W drns..myflo ida corn/b LIS i ness o e rat�ions/s t /yendor information/convicted 5usp .....------ ended djsfri is s_L_L Page 35 of-52 APPENDIX A, 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paId or will be paid to any person for linfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subaward,s at all tiers (inclluding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $1 0,00O and not more than $100,0100 for each such failure. The Contractor,EE&G Construction&Restoration,LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of C"o""n-t"'r'-a"c-'t'4--df' ,-"Authorized Official Robert DeVito,Vice President of Operations Name and Title of Contractor's Authorized Official DAte ]?Eige 36 of-52 DISCLOSURE OF LOBBYLNG ACTIVITIES L Typeoffeder"IlAction: 2. Staw of Federal Actiou.- 3 Report I)-pe- a cor tra,ct =a 3, in, =L b. Ermt b idtizd award b maTwbrd clutEge t. E00perwive sgeemew d. lom For krzteria Chnge Only: e loan,Vann rAee Tear TWIVIET f :loan insurama ilat'a of—Iasi repan, A. Name ud Address of Reporting Entity Eater Name xzd:Address of Prime: E-1 Prime Subawardee Tier iftnovm, coa-m5siou'al Dbtrkt,if kuo,%.m Congreziowl Dbtrict.,.,Lfkmnm 6, Federal Department'Agency 7, Federal CFDA Number,if apTlinbLe R. Federal Actiou Number,,ffbincom: 9,, Aw ard Amunt if knovin: b, IndhidnalsYeTform"g Serdres (axludmz (If'MIX11MI,last name,fknt tufte, c ad ,.Lf EfFpremt from No l0n) (last MME,f3rit=2,MT1, M Amu amt offxy meat(rinurk athaiapply,) 13. Type afFaymeint(check 2H that apply) &3111 —1 PIA=ad F—I I r—enM r E F-1 b acme-sime fee UL Form of Paymput(chKk all Mat apply)- c com=sljou 7 a cast & cmTiaziurfee F-� b imrkind,, spPciJt;-: uarue_ e ftfesred value f odter,weut,, 14. Erisf Dercriptiou of Senices,Perform"or to be performed iud Date(s)of Senixe,imclmd'ing officer(s),employWs),or mamber(s)c outarted,for Pay meat Indicated in Item IL, (artub Coatiauawm Sheet(i)ifnecesmz'rI 15. CoutinuatiouSheet(s)attached., Yes ❑ ,,a ❑ 16. 7"fn.=2,6an rKU4,md tbxoU6'JLI�u 1,2*07iZ4A by Tj7JQ 31 U 5,C,�vacbcu 1351, Mt&rlowurg of labbi-Mg ivL&=c u-n vJizadb^�&o m cz abatv w!=a hit tr=wicn was=dacT=tw;4 aorta„ print Name,. Public iwpsctian, A.UY Pw=wb:,f3ill to fill th,Mquhad Title: dit.c LN,=ih4 ba-=bjacr tp i -J pawlt/ofuct kii tb= UAMO,=,dum man"I=SI MON for wch mch fiihro Telephoup No. Date AwhorizPd.FGT Ural F�PMOdUCE'On Federal Use Ouly: Standud F o=-LLL 2-6c PART VCCUNTY Page 37 of 52 i I i i INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of coverer!Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352, The tiling ofa form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on die form is inadequate. Complete all items that apply for both the initial tiling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the ldentify the status of the covered Federal action. 3. Identify the appropriate classification or this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates it it is or expects to boa prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization fling the report in ltom 4 checks"Subawardee"than enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,iflutown. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,ifknown. For example,Department of Transportation,United States Coast Guard, 7. Enter the Federal program name or description for the covered Federal action(item I). .If known,enter the fall Catalog or Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available forth-,Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation.for Bid(IF.l3)number,grant announcement munber,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g„ "RFP-DE-90.001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the frill names of the individual(s)performing services and include Cidl address ifdifferent from 10(a). Enter LastName,First Name and Middle Initial(MI), 11. Enterthe amount Ofcompettsatioa paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply, If this is amaterial change report,enter the cumulative amount of payment made or planted to be trade. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. Il'other,specify nature 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of arty services rendered. Include all preparatory and related activity notjust time spent in actual contact with Federal officials. Identify the Federal officer(s)oremployce(s)contacted or the officer(s) employee(s)or Members) of Congress that were contacted. 15, Check whether ornot a continuation sheet(s)is attached. 16, The certifying official shall sign and date the form,print his/her name title and telephone number, Publ is reporting burden for this collection of inibr cation is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Ltstructions Rev,06-04- 9NLNDIF» I Page 38 of 52 i i i INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For 1i Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules.Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been .reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall.not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide,to the County, as satisfactory evidence of the required insurance, either: •Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. i I i Page 39 of 52 1 1 i t i I The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured"on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. I Page 40 of 52 i PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS I Workers Compensation Statutory Limits Employers Liability $100,0001$500,0001$.100,000 Bodily Injury by Accident/Bodily Injury by Disease,policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies, INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage,fine,penalty or business interruption,and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement,(B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 41 of 52 i contract sha I I be eqn a Ito the dollar value of the contract and not less than n $1 mH I ion perOCCUrrence pursuant to Section 725.06, Florida StatLiteS. The limits of liability shall be as set forth in the insurance requirements inClUded in Paragraph 3.Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or cit-CL1111stances that OCCUr cluring the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination ofthis Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's ftlih-Ire to purchase or maintain the required insurance, the Contractor shall indemnify the County frorn any and all increased expenses resulting from SLICII delay. Should any claims be asserted against the COUL-ity by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the COLUlty harmless and shall indemnify it frorn all losses Occurring thereby and shall I-Lirther defend any claim or action on the County's behalf. United States Deimijinent of the Treasuil Indernnification ']Flo the fullest extent permitted by law,the Contractor shall indemnity and hold harmless the United States Department of the TreaSLiry and its officers and employees, from liabilities, damages. losses an(] costs, including, but not hill4ed to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons ernployed Or Utilized by the Contractor in the performance ofthis Contract. This indemnification shall survive the teri-nination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitUte a waiver of sovereign immunity of the United 1 9 States or the COLUlty. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein, I fully accept the indemnification and hold, harmless and duty to defend as set out in this proposal. EE&G Construction&Restoration,LLC PROPOSER Signature Robert DeVito,Vice President of operations Page 42, of i2 i INSURANCE AGENT'S STATEMENT j I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Crum & Forster EPK 144869 $10,000 Liability policies are X Occurrence Claims Made Bellwether Insurance Group LLC Insurance Agency Signature i i Page 43 of 52 II F i I l I MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS j It is requested that the insurance requirements, as specified in the County's Schedule of insurance Requirements, be waived or modified on the following contract. Contractor/Vendor: Project or Service: Contractor/Vendor Address& Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: Date; Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: I Approved: Not Approved: Meeting Date: I Page 44 of 52 I DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/26/2024 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 Bellwether Insurance Group NAME: Bellwether Insurance Group,LLC HCNN. Ext: (954)800-6400 a/c,No): (954)935-7597 225 SE 15th Terrace E-MAIL certificates@BIGRiskManagement.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Deerfield Beach FL 33441 INSURERA: CRUM&FORSTER SPECIALTY INSURANCE 44520 INSURED INSURER B: Vantapro Specialty Insurance Co 44768 EE&G Construction&Electrical,LLC INSURERC: AMERICAN INTERSTATE INSURANCE COMPANY 31895 14879 NE 20th Ave INSURER D: INSURER E: N Miami FL 33181 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2372704408 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 50,000 X Contractors Pollution Liability MED EXP(Any one person) $ 5,000 A X Ind Asbestos/Lead Ops Y EPK144869 08/18/2023 08/18/2024 PERSONAL&ADV INJURY $ 2,000,000 HGEWLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Prof Liab-claims made Professional Liability $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 5087-1095-01 03/30/2024 03/30/2025 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident Uninsured motorist $ 100,000 UMBRELLA LIAB X 5,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE Y EFX123456 08/18/2023 08/18/2024 AGGREGATE $ 5,000,000 DED I X1 RETENTION $ $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A AVWCFL3250392024 02/19/2024 02/19/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ M Mold Ops-Claims Made Form old/Per Claim $1,000,000 A Bailees Coverage EPK140744 08/18/2023 08/18/2024 Mold Aggregate $2,000,000 Bailees Coverage $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:All projects done during the Captioned Policy term. )' 'a Monroe County BOCC is Additional Insured with respect to General Liability and Auto Liability y + 5 20.24a CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE / r 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 Additional Named Insureds Other Named Insureds D. Schambach Holdings LLC Limited Liability Company, Insured Multiple Names DK Smith Holdings LLC Limited Liability Company, Insured Multiple Names EE & G 401(K) Plan & Trust Trust, Insured Multiple Names EE & G Construction & Electrical, LLC Limited Liability Company, Insured Multiple Names EE & G Disaster Response, LLC Limited Liability Company, Insured Multiple Names EE & G Environmental Services, LLC Limited Liability Company, Insured Multiple Names EE & G Holdings, LLC Limited Liability Company, Insured Multiple Names EE & G Real Estate, LLC Limited Liability Company, Insured Multiple Names EE & G Restoration Services, LLC Limited Liability Company, Insured Multiple Names EE & G Restoration Services, NC, LLC Limited Liability Company, Insured Multiple Names T Gipe Holdings, Inc Insured Multiple Names WEWAHOOTEE Holdings LLC Limited Liability Company, Insured Multiple Names OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Microbial Substance Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 10,000 Ref# Description Coverage Code Form No. Edition Date Contractors Pollution Occurrence Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 10,000 Ref# Description Coverage Code Form No. Edition Date Employee Benefits EBLIA Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 1,000 Ref# Description Coverage Code Form No. Edition Date Errors&Omissions ERROM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 10,000 Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001,AMS Services,Inc. k I i ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT i i I Page 46 of 52 i f i I OMB Approved.No. 1505.0271 Expiration Date:11/3012021 U.S. I)EI'A It"f'M UN'I"01"+'1"1•I E*I'REAStJ RY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Num5er:073876757 Nfon roe County Board of Conuttlssioners 'Taxpayer Idontification Niunbcr:596000149 €100 Simonton Street,Room 2-2t3 tlssistonce Listing Number and Title:21.027 Key West,Florida33040 Sections 602(b)mud 603(b)of the Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act,Pub.L. No. 117-2(March 11,2021)authorizes the Dopartntcnt of rho Treasury(Treasury)to make payments to certain rc.cipicnm front the Coronavirus State Fiscal Recovery Fund and the Corouavirtts Local Fiscal Recovery Fund. Recipientshereby agrees,as a condition toreceiving such payt nt fl m Treasury,ry,agrees to the terms attached hereto. Recipient: signed by Tin T l 1 1 B o n DaIi,te:2022.O8.02 09:1a 02 Boan -04 UU' Authorized Representative Sip,Ltature(above) Aatthori-cd Roprowitative Name; Gina(loan Authorized Representativc'Title; Senior Director Bttdl et&Finance Date Signed: U.S.Department or the Treasury: Authorized.Representative Signature(above) rlutttorizcd Representative litatttc: Jacob Lcibenluft Authorized Representative"Title: Chief lZecovery Officer,Qjnico of Recover Pro irants Data Signed: MPER WOR%REDUMON ACT raOTI(T The information collected will be used For the[J.",Government to process rehuasts for sapport.°Erie estimated burden associated with this collection of information is 15minutes perresuome.Comments concerning the accuracy of this burden eatimateand suggestions Far reducing this burdtln shoutd be diroetud to the O fSue of Privacy,Tmnsparcnuy and Records.Department of the Treasury,[500 flennsytvania Ave.,W.W..Washington,U.C.20220.DO NOT send the Fenn!to this address.Fin agency may naL eoncluot or 4p0nsor,and a porson is not required to mpand to,n CQIti a1191t of nit91 aia[lon Ilnttlea it dtaplaYs a Valid control ouniber ussigited by OMB. j 1 1 Page 47 of 52 i i i i i i i TI.S.DEPARTMENT OF TI E4 TREASURY CORONAVhRUS STATE FISCAL RECOVERY FUND AWARD TI3RMS AND CONDITIONS 1,Use of Funds, a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and. financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The.period of performance for this award begins on the date hereof and ends on Decem ber 31,2026,As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024 3.Re.op rtine.Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. �.Maintenance of Wd Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence oerrapliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic mad otherwise)of Recipient in order to conduct audits or other investigations. c, Records shall be maintained by Recipient for a period of five(5)years alter all funds have been expended or returned to Treasury,whichever is later. ire-award Cnats_Pre-award costs,as defined.in 2 C.F.R.§200.458,may not be paid with funding fi•ont this award. 6.Administrative Costs.,Recipient may use funds provided under this award to cover both(Erect and indirect costs. Cost Shadum.Cost sharing or matching funds are not required to be provided by Recipient. 8.Cauff icts of interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R..§ 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subreoipietits must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C,YR„ §200.112. 9.Cnnrnliancg widi Unlicablo Law and R.e ations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(1)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable fedora]statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following. i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Unifonn Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SANG,2 C.F'.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix to 2 C.F.R Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocuremcnt),2 C.F.P..Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R..Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.hart 19. 1 1 j Page 48 of 52 i v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix NU to Part 200 is hereby incorporated by reference. vi. Govermnentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R,fart 21. i viii. Uniform Relocation Assistance andRoal Property Acquisitions Act of 1970(42 U.S.C.§§460I-4655)and j implementing regulations. ix. Generally applicable federal enviromnental iaws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VT of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R_Part 22,which prohibit discrimination an the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C:.§§3601 et seq),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability; iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et scq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in progrurus or activities- receiving federal financial assistance;and v. Title E of flue Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§12101 et scq),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments,or instrumentalities or agencies thereto. 1.0.Remedial Actions:_In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(c)and 603(c)of the Act 11 Hatch Act Recipient agrees to comply,as applicable,with requirements ofthe Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local govetnme.ntemploycos whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 1. :_lltal�tnaa Recipient understands that making false statements or claims in connection with this award is a violation of federal law and m ay result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13 blic ,Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14,Debts Owed the Federal Government. a. Any finds paid to Recipient(1)in excess of the amount to which Recipient is finally determ ined to be authorized to retain under the terms of this award,(2)that are determined by the Treasury Office of Inspector Cenral to have been misusad;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient sha11 constitute a debt to the federal governnront b. Any debts determined to he owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will tape any actions available to it to collect such a debt. 1 1 i Page 49 of 52 I i I 15 Dmselai,,,rr EL. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons For the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the perform ante of this award or any contract, or subcontract under this award. b. 11ie acceptance of this award by Recipient sines not in any way establish an agency relationship between the United States and Recipient. 1.6.Protections for Whistloblowcrs. a. In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes.is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health.or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee or Congress; ii. An Inspector General; iii. The GovernmentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management„ v. An autlioriaed official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall infomi its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. I7.:lnereasing Seat Belt Use in.the T.Tnited State Pursuant to Fxecutive Order 13043,62 FR 1921.7(Apr.18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned v ehicles. R.Tte______rIncinp't'�•;�lyl�g ,gi WF,ile 1�rivins� pursuant to Executive Order 13513,74 Fly.51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. I I i Page 50 of 52 1 I Olvffl Approved No. 1505-02 7 l Expiration Date: t 1/30/1-021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURA CE OF CONIPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS AC.TOF 1964 Asa condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein,The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,rc&nflated prograins,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's prograrn(s)is federally assisted in the manner proscribed above I Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U&C.§2000d et seq.)„as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part.22 and other pertinent executive orders such as Executive Order 13166;directives;circulars;policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,-seeks to improve access to federally assisted prograrns and activities for individuals who,because of national. origin,have Limited English proficiency(LEP).Recipient understands,that denying a person access to its,programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VT.of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations,Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance service-,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP Persons during development of applicable budgets and when conducting programs,services and activities. As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067 For more information on LEP,please visit httn l/www.len.airy. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VJ and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees', The scab-grantee. conb-aclor,subcontractor,successor, trap?x,feree,and assignee shall comply ivith Title 17 of the Civil Rights A cl of 1964, rovlzichprohibiLy recipients qfl dei-al,ririat7cifil assistance fi-oniexchiciing,li-onlaprogram or aeffim) CjertjTing benefits oj,'or othenvise discrinfinaling against a person on the basis ofrace,color,or national origin(42["IS.C. q 2000d et seq), H t'egUlQfi0t7s,3]CFR Part 22, which are herein incorporatedbY ryfcrence and made apart Qf1his contract(air agreement).Title 17 also includes protection topersons with "Limited English Prqficienq"in any program or 42 US.C.§2000detseq.,ay implemented by the Department ofthe Treorsivy's Title T,7regidafrons, 31 CTR Part 2Z and here in incotporated bY reference and made apart qfthis Contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a.subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.Ifany Page 51 or-552 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; T Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination an the grounds of race,color,or national origin,and limited English proficiency covered by Title VT.of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome,Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including;any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10 if the Recipient makes,sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights,compliance of sub-recipients. The Urated States of America has the right toseekjudicial enforcmrtent of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. x 5) 1 1 Recipient--R"o-bert DeVito,Vice President—Operations Date Tina Boan Signature of Authorized Official� PAPERWORK REDUCTION ACT NOTICE The informalioncollected will be used for the U,S.Government to process requests forsupport,The estimated burdenassocialed with this collection of inform', ion is 15 minutes per response commeigg concerning the accuracy of the burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency arid Records,Depminent oftheTreasiny,1500 Pennsylvania Ave..N.W.,Washington,D.C.20220.DO NOT send tote brm to this address.An agency may not conduct or sTonsor,and a person is ricut ru(Itked to respond to,a collection of information uidess it displays a valid control ratmber-osgigned by OMB. Page 52 of 5 52 ATTACHMENT B EE&G CONSTRUCTION & RESTORATION, LLC BID FOR GATO BUILDING - FIRST FLOOR AIR DUCT CLEANING ElEbG tl fl879 II NE 2Ot "� en u Construction and Restoration, LLC May 10, 2024 EE&G Proposal No. 2024-2048 Ms. Chrissy Collins Monroe County Public Works 123 Overseas Highway Rockland Key, FL 33040 Subject: Proposal for Remediation of Moisture and Microbial-Damaged Materials Gato Building 1100 Simonton Street Key West, Florida 33040 Dear Ms. Collins EE&G Construction & Restorations LLC (EE&G) is pleased to provide you with this proposal for the subject work. EE&G's Statement of Services and Fee Estimate are presented below: STATEMENT OF SERVICES Moisture/Microbial-Damaged Remediation And HVAC Cleaning EE&G, a Florida-licensed General Contractor, and Mold Remediation Contractor, will provide labor, equipment, and materials to complete the removal of identified moisture/microbial-damaged materials and subsequent cleaning and treatment of surfaces from the following locations: • Cleaning Of Gato Building and Wipe down of Affected Area. The duration of the work is anticipated to be 1-2 business days. Project Assumptions • Remediation will follow General Recommendations and industry standards for mold remediation, including containment, HEPA filtration, use of dehumidifier(s), removal, and disposal of identified damaged materials. • EE&G will cover and protect furnishings during removal of damaged drywall. Following removal of all damaged materials, HEPA vacuuming and damp wiping of surfaces throughout the containment areas is recommended at the finish of the removal and cleaning processes. • Final cleaning of the affected areas is included. • Areas will be off limits to other workers until work is completed and containment barriers are removed. • The Owner will provide on-call, complete access to work areas of the building, during allowed working hours. • All obstructions which could impede the process shall be removed prior to EE&G mobilization, including, but not limited to shelving, debris, equipment, or stored items within the work areas. Ms. Chrissy Collins May 10, 2024 Page 2 of 5 • No comingling of trades during remediation activities. • Cleaning of the air handler unit is not included in this proposal. FEE ESTIMATE EE&G proposes the following: Microbial Remediation Remove and Replace (Lump Sum) .......................................$12,780.00 Proposal pricing valid for 90 days from the date of proposal. If this proposal is satisfactory, please forward to EE&G a signed PSA (attached) and/or a Purchase Order. Fees for work performed will be invoiced upon completion as needed by the client. EE&G appreciates the opportunity to assist you. Please call us if you have any questions regarding this proposal. Sincerely, Yadir Jimenez Robert DeVito Proiect Manaqer Vice President of Operations EE&G Construction and Restoration, LLC EE&G Construction and Restoration, LLC Florida-Licensed Asbestos Contractor No CJC 1154179 ATTACHMENT C KEYS STEAM MASTER ADDITIONAL BID FOR GATO BUILDING - FIRST FLOOR AIR DUCT CLEANING ql d� ,I yy�gdf i KEYS STEAM MASTER Estimate No: 362 PO Box 5543 Date: 05/07/2024 Key West,FI 33045 305 293 0023 For: KiKi Gonzalez/Cato Cigar Factory Montoe County Administration And Social Services and health department Gonzalez-KiKi@MonroeCounty-FL.Gov 1100 Simonton St Key West,FL,33040 Description Quantity Rate Amount Estimate for air duct cleaning in social services department and health department. 1 $15,000.00 $15,000.00 1-complete air duct cleaning in all registry supply and return area throughout with negative air pressure machine and contact machine system.We will create assess panels in some areas to ensure complete decontaminate has been establish throughout plenum area area. 2-mold control/antimicrobial treatment with UVR fogger. Subtotal $15,000.00 Total $15,000.00 TOTAL $15,000.00 1 / 1 ATTACHMENT D EE&G CONSTRUCTION & RESTORATION, LLC Formerly Known as EE&G CONSTRUCTION & ELECTRICAL, LLC FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LICENSE DETAILS FLORIDA SUNBIZ VERIFICATION 0 II C II A S II Il Ik r. 0 0 14C.II II 6 A Il"b II "A '4,' T" JW Ikir.IP,1 III 0 U Nq "f' '4,'0 S S 0 `4 A "t G U A 0 `4 ' P°I,a1a t�,�r� i(I ,kLAI�t%i,,�1 III III III Ill i�l CON'TAC1 LIS AYACC0LR"J,,T lea "ASIM dbpr it C(I V I'll 1 �!k` 0�IN LJl lN E. S E..RVI C ES LJCE NSE'E'. ME FT AILS 4:14:24 PM 512312024 Apply foil a [Jceinse Licensee Information Verity ::1 �1114 ersee Name: WOODS,ADRIAN BRUCE(Primary Name) EE&G CONSTRUCTION &ELECTRICAL View IFood&III..odging Illlrmq echoirs LLC (DBA Name) File a C oirriplaint Main Address: 914 TILDEN OAKS TRAIL WINTER GARDEN Florida 34787 C ontinuing IE.ducafioin C ouirse County: ORANGE Search ViewApplication Status License Information License Type: Certified General Contractor Find �.xairn Iinfoiirirnafioin Rank: Cert General 11rdiceinsed Activity Search License Number: CGC1 515204 AB&1"'III:Cdllirmrturr•in Illinvoice&Activity Status: Current,Active 1.ist Search Licensure Date: 04110/2008 Expires: 08131/2024 Special Qualification Effective Qualifications Construction 04110/2008 Business Alternate Names Vlie w Related Liceinse Iinfoiirirnafioin Vlie w LJ cense C oirriplaint 2601 BlalrStome Road,Tallahassee FL32399::Email:Customer Contact Center::Customer Contact Center:850.487.1395 The State of Florida is an AA/EEO employer.Copyright @2023 Department of Business and Professional Regulation-State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. 2024 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT#L04000039405 Apr 15, 2024 Entity Name: EE&G CONSTRUCTION & RESTORATION, LLC Secretary of State 1000684617CC Current Principal Place of Business: 14879 NE 20TH AVE NORTH MIAMI, FL 33181 Current Mailing Address: 14879 NE 20TH AVE NORTH MIAMI, FL 33138 US FEI Number: 86-1106610 Certificate of Status Desired: No Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MANAGER Title MEMBER Name WOODS,ADRIAN Name SCHAMBACH, DONALD Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014 Title MEMBER Title MEMBER Name GIPE,TIMOTHY R. Name SMITH, KIRK Address 5751 MIAMI LAKES DRIVE Address 14879 NE 20TH AVE City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: NORTH MIAMI FL 33181 Title MEMBER Name DEVITO, ROBERT Address 14879 NE 20TH AVE City-State-Zip: NORTH MIAMI FL 33181 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that l am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:ERIKA MORALES AUTHORIZED 04/15/2024 REPRESENTATIVE Electronic Signature of Signing Authorized Person(s)Detail Date (Requestors Name) (Address) 100418427081 (Address) ^r � (CitylStatelZiplPhone 9) r : `� a — M i � h PICK-UP WAIT ❑ NAIL �� I �� Cn zC _ (Business Entity Name) � x.1. (Document!Number) Certified Copies Certificates of Status a Special Instructions to Filing Officer: r ' 01 %V=,t W Office Use Only COVER LETTER 1'0: ' Registration Section Division of Corporations EE&.G Construction& Electrical, LLC S U 13.J EC1': Name ut'Limited Liability Company The enclosed Articles of Amendment and ices)are st,hntitted For filing. Please return all correspondence concerning this matter to the following: Erika Morales Nance of Person EE&CG Construction& Electrical, LLC Finn/Company 3731 Miami Lakes Dr. E - Address Miami Lakes, Fl_33014 CitylState said Zip Code EN10RALES@EEANDG.00N1 E-mail address: (to be used cur future annual report notification) For further information concerning this matter,please call: ERIKA MORALES. 303 403-8644 at( ) Name of Person Area Code Daytime"telephone Number Enclosed is a check for the follwvinu amount: 01 S25.00 Filing-Fee S30.00 Filing Fee ❑ S33.00 Filing Fee& Ct S60.00 Filing Fee, Certificate of Status Certified Copy Certificate of Status& (additional copy is atclo<ed) Certified Copy iadditional copy is enclosed) Maillinz Address: Street Address: Registration Section Registration Section Division of Corporations Division of Corporations P.O. Box 6327 The Centre of"Tallahassee Tallahassee, 1-L 32314 241 5 N. Monroe Street, Suitc S 10 Tallahassee, FL 32303 CSC - Tallahassee CSC 1201 Hays Street Tallahassee, FL 32301-2607 850-558-1500, Ext: 61592 To: Department Of State, Division Of Corporations From: Alexxis Weiland-Sorenson Ext: 61592 Date: 12/08/23 Order#: 1329553-1 Re: EE&G Construction & Electrical, LLC Processing Method: Routine TO WHOM IT MAY CONCERN: Enclosed please find: Amount to be deducted from our State Account: $25.00 - FL State Account Number: 120000000195 r ' Al Authorization: Please take the following action: File in your office on basis Issue Proof of Filing Special Instructions.- Thank you for your assistance in this matter. If there are any problems or questions with this filing, please call our office. -(HE ST. ` 0� c cpn�uK��,fi/ FLORIDA DEPARTMENT OF STATE Division of Corporations December 11 , 2023 RE Wn M T CSC Please give original submission date as File date. SUBJECT: EE&G CONSTRUCTION & ELECTRICAL, LLC Ref. Number: L04000039405 Section 607.0120(4), 617.01201, or 605.0206, Florida Statutes, requires all corporate documents to be typewritten or printed in ink. Remove the "DBA" statement in part (d). If you have any questions concerning the filing of your document, please call (850) 245-6000. Neysa Culligan Regulatory Specialist III Letter Number: 323A00028176 ZD C— m n 1 CD 3� ,J www.sunbi7.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 3231A ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION F I L t OF ?OP3 DEC -8 AN 10: ! ! FRI&G Construction&- Flectrical,1.1_C (Name of the Limited_Liahility Com aCom a�� as i[noH a ears on our records.j! ` " -- (A onf l cfa Limited Lia�i n� ornaany) -+L L ii}f S S E. Flo"' The Articles of Organisation for this Limited Liability Company were filed on 5/2412004 and assigned Florida document number L04000039403 This amendment i;submitted to amend the following: A. If amending name,enter the new name of the limited liability'company here: LUG Construction S Restoration, LLC The nexv name must be distinguishable and contain the word:"Limited Liability Company,"the designation•'LLC"or the abbreviation"- L.C.-Enter new principal offices address, if applicable: 3731 ,Miatni Lakes Dr. E, Mianii Lakes, FL 33014 tPrincipal office address MUST BE A STREETA DDRESS) Enter new mailing address, if applicable: 14879 NE 20th Ave. North M iami, I 33181 (r11ailin,ts address IIfA Y HE A POST OFI.7C'E BOX) B. If amending the registered agent and/or registered office address on our records,enter the name of the new registered went and/or the new registered office address here: 7slame of New Registered Agent: Ncw Roistered Office Address: Enter Florida sireei address Florida Citt' Zip Cede New Registered Agent's Siinature,if chan�inr Re_oistered A,terw I hereby accept the appointment as registered agent and agree to act to this caj)acii-v, I fierther agree to comply with the Provisions of all statutes relative to the proper and complete peiforinance of mt-(lobes, and I am familiar with and accept the obligations of m-v position as rc'gi.s•te�red agent as Provided for in Chapter 603, F:S. Or, if this document is heirtg filed to merely reflect a change in the registered office address, I hey-ebl'confirin that the lPtnited llabtlftt% contp(ltn has been notified in writing,of'ihiic change. If Changing;Registered Agent.Signature of Nest Registered Agent If amending Authorized Person(s) authorized to manage, enter the title, name, and address of each person being( added or removed from our records: •\1GR= Manager AM13R= Authorized :-Member "Title Name Address Tvve of Action N I G R Pabin Vegas 5751 Miami Lakes Dr. E. Ntiami Lakes. 1=1,33014 ❑Add ii Remove ❑Change ❑Add ❑Remove OCl�ar�ge ❑Add ©Remove ❑Chanac ❑Add ❑Re wove ❑Change ❑Add ❑Remove ❑Change ❑Add ❑Remove OChange D. If amending any other information, enter changes) here: (Am&-h additional sheels, 1f roccessUn-.) w 72, t� 1 v F. Effective date, if other than the date of filing: January 01, 2024 (optional) Wart art clTectiee date is listed.the date must be specific mid cannot be prior to date of filing or more titan 90 day,after f iling.i Pursuant to 605.0207(3)(b) Note: Ifthc date inserted in this block does not meet the applicable stawtory tiling requircments,this date�.vill not be listed as the d[tetntlent'S cftective date on the Department of State's records. It the record specifics a delayed effective date, but not an effective time.at 12:01 a.m. on the earlier ol: (b) The 9Uth day after the record is filed. December 6 2023 Dated l Signature n a member or authnri7ed represemative of a member Erika Morales Typed or printed name of signee Filing Fee: 525.00