08/08/2024 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Contexture Inc.
Effective Date: TBD
Expiration Date:
Contract Purpose/Description:
Provide and install twelve(12)panels of Fabri Trak System Wall Upholstery with Acoustical Subsurface on two(2)walls
of Courtroom"F" a/k/a Judge Mark ilson's Courtroom,at the Freeman Justice Center,302 Fleming Street,
Key West,Florida 33040,as set forth in Contexture's Proposal No.29557.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: William DeSantis 4307 Facilities Maintenance/Stop#9C
CONTRACT COSTS
Total Dollar Value of Contract: $ 17 707.00 Current Year Portion: $
(must be$100,000.00 or less) ' (If multiyear agreement then
requires BOCC approval,unless the
iot411 ainni.hliir c is
1 00.000.00 or I ss).
Budgeted? Yes■❑ No ❑
Grant: $ 17,707.00 County Match: $
Fund/Cost Center/Spend Cate o : 125-06067-00061 l GNT-00000205 PROJ-00000187!
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑NO ❑
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: William DeSantis
Patricia Eables Digitally signed by Patricia Eables
County Attorney Signature: Date.2024.08.0712.39.63-04'00'
Jaclyn Flatt Digitally signed by Jaclyn Platt
Risk Management Signature: Date.2024.08.0713.01'.61-04'00'
Purchasing Signature: Lisa Abreu Digitally 20240808ned yLisa Abreu
Date'.2024.08.08 08'.26'.68-04'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date'.2024.08.08 08'.38'.69-04'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
MONROE COUNTY
AND
CONTEXTURE, INC.
This Agreement is made by and between Monroe County, ("County" / "Owner") a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, and Contexture, Inc., ("Contexture" / "Contractor") a Foreign-for-Profit Corporation,
authorized to do business in Florida, whose principal address is 45 Dan Road, Suite 350, Canton,
MA 02021.
WITNESSETH
That for the considerations set forth below, the parties hereto do agree as follows:
1. Description of Services
The required services are to provide and install twelve (12) panels of Fabri Trak System Wall
Upholstery with Acoustical Subsurface on two (2) walls of Courtroom "F", a/k/a Judge Mark
Wilson's Courtroom, at the Freeman Justice Center, 302 Fleming Street,Key West,Florida 33040,
as set forth in Contexture's Proposal No. 29557 dated July 17, 2024, attached hereto as
Attachment A and made a part hereof("Project"). The new panels shall be the same material,
color, acoustical subsurface, and design as the existing Fabri Trak System installed on the other
walls of Courtroom "F." The existing system was originally installed by Contexture and are the
only company who can provide the same product and thus are performing under this Agreement
as a sole source provider.
2. Effective Date and Term
The effective date ("Effective Date") of this Agreement shall be the date that this Agreement is
executed and approved by Monroe County. The term of this Agreement shall commence upon
approval and execution of the contract by Monroe County and will terminate upon final completion
of the Project as noted herein. days s aaitel maatei,,aal u�;�aiwta�xtwi,a�tea rra�-�Iwilia?a� 1tk .
a c 6 ved Ilvaatei,,al aaiaiw t I-le i e; eased wiwtl C'(-)iwteXtwi e
3. Period of Performance llaas aalppi'( wad 1(-)p", subi r tta s aaivd saimples
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.
4. Basis of Compensation
This Project will be funded utilizing funds from the Federally Funded State & Local Fiscal
Recovery Fund Financial Assistance Agreement between the County and the United States
Department of Treasury attached hereto as Attachment B and made a part of this Agreement. The
compensation to the Contractor under this Agreement for additional Fabri Trak System panels shall
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be a total of Seventeen Thousand Seven Hundred Seven and 00/100($17,707.00)Dollars,with said sum
to be paid with a fifty percent(50%)deposit after execution of this Agreement and the remaining fifty percent
(50%)due upon completion and installation of the panels.
5. Payment of Fees/Invoices
This project will be invoiced for the initial fifty percent(50%) deposit and upon completion of the
work. Invoices shall be sent to the Facilities Maintenance Department, Attention, Chrissy Collins,
via email at coll%1is ditiss )niotir cc�utq 11. (Yv,who will review the documents and route them
to the appropriate County Staff for approval. Upon receiving all required approvals,the invoice(s)
will be forwarded to the County Clerk of Courts' office ("Clerk") for payment. 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 disbursal of funds. County shall pay pursuant to
the Florida Local Government Prompt Payment Act, Fla. Stat. Sec. 218.70, upon receipt of a Proper
Invoice from Contexture.
The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be
provided upon request.
Final payment shall be made by the County, as the Owner, to the Contractor when the Contract
has been fully performed by the Contractor and the work has been accepted by the County.
6. General Conditions/Requirements
a. The Contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and Local Laws.
b. The Contractor shall load, haul, and properly dispose of all construction debris
and materials.
C. The Contractor shall provide and maintain appropriate (OSHA required)
construction warning signs and barriers.
d. The Contractor shall furnish all required work site safety equipment.
e. Construction work times shall be limited to those as specified by the County.
f. The Contractor needs to be aware of the facility, its visitors, and staff with
unusual schedules and plan accordingly.
g. The Contractor is required to have all current licenses necessary to perform the
work and shall submit a copy of the Contractor's License and Monroe County
Business Tax Receipt along with this Agreement upon execution.
7. 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 parry 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,
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(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.
United States Department of the Treasury Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the United
States Department of the Treasury and its officers and employees,from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United
States or the County.
8. Insurance Requirements
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.
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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. 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.
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.
Contractor shall maintain in full force and effect the following insurance with coverage limits as
noted which are reasonable in light of the work to be undertaken:
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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 $300,000 Combined Single Limit
Vehicle: $200,000 per Person
(Owned, non-owned, $300,000 per Occurrence
and hired vehicles) $00,000 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.
9. 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 such prices 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 full knowledge that
Monroe County relies upon the truth of the statements contained in this paragraph in awarding
contracts for this project.
10. 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.
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11. 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.
12. 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."
13. Drub-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.
14. ADDITIONAL CONTRACT PROVISIONS:
1) Nondiscrimination/Equal Employment Opportunity
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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 parry, 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 or alcoholism; 7) The Public Health Service
Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act
of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101
Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated 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.
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2) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee
or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee, who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions, discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Contractor's
legal duty to furnish information.
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
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subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965,so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits recipients of federal financial assistance from excluding from a program or activity,
denying benefits of, or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the
Treasury's Title 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.
II) 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 al. of the Monroe County Code.
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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 sum due the Contractor
under this agreement prior to termination, unless the cost of completion to the County
exceeds the funds remaining in the contract. The maximum amount due to Contractor shall
not exceed the spending cap in this Agreement. In addition, the County reserves all rights
available to recoup monies paid under this Agreement, including the right to sue for breach
of contract and including the right to pursue a claim for violation of the County's False
Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code.
E. Scrutinized Companies:
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 funds 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 parry 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 by the County.
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.
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.
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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. 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. The right to audit
provisions survive the termination or expiration of this Agreement.
VI) Public Records Compliance
The Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents,records,papers, letters or other"public record"materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation
of this provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
11
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon request from the County's custodian of records,provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,notwithstanding
the County's option and right to unilaterally cancel this contract upon violation of this
provision by the Contractor. A Contractor who fails to provide the public records to the County
or pursuant to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470,
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL
33040
12
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 E-Verify system to verify the work authorization status
of all new employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of Fla. Stat., Sec. 448.095.
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: Contexture, Inc.
Attention: Carol Lora
45 Dan Rd. Ste. 350, Canton MA 02021
For Owner: Facilities Maintenance Department
Attention: Chrissy Collins
123 Overseas Highway —Rockland Key
Key West, Florida 33040
And
Monroe County Attorney's Office
1111 121h 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 stone, hurricane or other declared
emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is
13
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 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 parry 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 I, Nondiscrimination, or Section II, concerning Termination or
Cancellation.
15. 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 11 to C.F.R. Part 200, as amended, including
but not limited to:
A) Clean Air Act (42 U.S.C. "7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. "1251-1387), as amended. CONTRACTOR agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as
amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. §§1251-1387) and will report violations to 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. §§1251-1387), 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 Rescue 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.
14
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 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; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in Paragraph(b)(1)of this section,
the Contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated Damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set
forth in Paragraph (b)(1) of this section, in the sum of $27 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in
Paragraph (b)(1) of 29 C.F.R. §5.5.
(3) Withholding for unpaid wages and liquidated damages. The 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
15
Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1)
through (4), and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs
(1)through(4).
C) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
D) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award
under a"covered transaction" (see 2 CFR §180.220)must not be made to parties listed on
the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R.Part 180 that implement Executive Orders
12549 (3 C.F.R. Part 1986 Comp.,p. 189) and 12689 (3 C.F.R. Part 1989 Comp.,p. 235),
"Debarment and Suspension" and the Department of Homeland Security's regulations at 2
C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at ww sa 1,ov. Contractor is
required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or
its affiliates (defined at 2 C.F.R. §180.905) are excluded(defined at 2 C.F.R. §180.940) or
disqualified(defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R.pt.
180, subpart C and 2 C.F.R.pt. 3000, subpart C, and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into. This certification
is a material representation of fact relied upon by the County. If it is later determined that
the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the County, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The Bidder or Proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions, including that
16
the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's
implementing regulation at 31 C.F.R. Part 19.
E) Byrd Anti-Lobbying Amendment (31 U.S.C. �1352). Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If the award exceeds $100,000, the 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 comply with Section 6002 of the Solid Waste Disposal Act,
as amended,by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines. In the performance of this contract, the Contractor shall
make maximum use of products containing recovered materials that are EPA-designated
items unless the product cannot be acquired
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
rOz� c�� :::. d.cli��c c. . lrc �r .
The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
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 funds to(1) Procure
or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a
contract(or extend or renew a contract)to procure or obtain equipment services,or systems
17
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. V00.322. 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) Copeland"Anti-Kickback"Act(2 C.F.R.200,Appendix II(D);40 U.S.C.0145). This
section applies if the contract is in excess of$2,000 and pertains to construction or repair,
and further, if required by Federal program legislation. Contractor shall comply with the
Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of
Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides in part that Contractor shall be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which it is otherwise entitled. The County shall report all
suspected or reported violations to the Department of the Treasury.
18
16. 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 sub-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
a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract
goods or services then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used whenever
possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
19
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 compensated
executives and the names and total compensation of the five most highly compensated
executives of its subcontractors for the preceding completed fiscal year if:
C.
d. (a) the total federal funding authorized to date under the award funding this
Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320;
e.
f. (b) the Contractor received 80 percent or more of its gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance subject to
the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts);
9.
h. (c) the Contractor received $25,000,000.00 or more in annual gross revenues from
federal procurement contracts (and subcontracts) and federal financial assistance
subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts);
and
i.
j. (d) the public does not have access to information about the compensation of the
executives through periodic reports filed under Section 13(a) or 15(d) of the
20
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the
Internal Revenue Code of 1986. To determine if the public has access to the
compensation information, see U.S. Security and Exchange Commission total
compensation filings at liqp:�L�yE�y,,5��,ggy/atisNvers/execoi-Y pJani.
........ ... .......................
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 the County/non-Federal entity,
contractor or any other party pertaining to any matter resulting from the contract.
G) Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract. 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.
H) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the Contractor during
the term of the Contract and shall expressly require any subcontractors performing work
or providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
1) The Contractor will be bound by the terms and conditions of the Federally Funded State &
Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the
United States Department of Treasury attached hereto as Attachment B and made a part of
this Agreement.
J) 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 Efficiency. If applicable, the Contractor will comply with the Energy Policy and
Conservation Act(P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards
and policies relating to energy efficiency and the provisions of the state Energy
Conservation Plan adopted pursuant thereto.
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
21
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in Section 602(e) of the Act and any additional payments may be subject to
withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
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(f)and 603(f)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 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.
22
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) 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."
Q) Debts Owed the Federal Government.
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.
R) 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.
23
S) Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract or
grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
T) 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.
U) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients,
and subcontractors to adopt and enforce policies that ban text messaging while driving,
and the Contractor should establish workplace safety policies to decrease accidents
caused by distracted drivers.
17. Governing Law,Venue, and Interpretation
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, applicable to agreements made and to be performed entirely in the State.
24
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
18. Severability
If any term, covenant, condition or provision of this Agreement(or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
19. Attorney's Fees and Costs
County and Contractor agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and
out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court
system, including in appellate proceedings.
20. Attestations
Contractor agrees to execute such documents as the County may reasonably require to include,but
not limited to a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement, attached hereto as Attachment C denoted as County Forms and made a part hereof.
21. Authority
Each party represents and warrants to the other that the execution, delivery, and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
22. Cooperation
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Contractor agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings,and other activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
25
23. Section Headings
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
24. Entire Amement
This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby. Any amendment to this
Agreement shall be in writing, approved by the Board of County Commissioners, and signed by
both parties before it becomes effective.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed
by their duly authorized officers on the date first written above.
Contractor: Owner:
CONTEXTURE, INC. MONROE COUNTY
C�
BY: BY:
4
Printed Name: carol Lora Printed Name: Kevin Wilson
Title: _ Asst. secretary Title: Acting County Administrator or
Designee
DATE: 08/06/24 DATE: 08/08/2024
MONROE,COUNTY A7y OFFICE
ED,�TO 'OHM
440—
ATFP 7 ,
26
ATTACHMENT A
Contexture, Inc. Proposal No. 29557
Dated July 17, 2024
27
hiv I� W gill C
'Md��xvu Raw Yn un¢:!!�a&fri a st�r'Siist�e mros PBQPgJ L
5545 NW 351h Ave Date,.Jul 17 2024 Proposal 0:29.55
Fort Lauderdale,FL 33309 Freemen Justice center Project Revision 5
302 Fleming Street
Key West,Fmrida
To Margo Thompson From:Allan Slater
Monroe County Public Works Email:asiater@contextureUSA.com
Phone;305-218.3434
We are pleased to quote the following based one Info reed from Monroe County,
Stretch Fabric System-All $17,707
FABRI TRAK 4 System Wall Upholstery of the following areas:
Total of Twelve(12)panels on Two(2)waPs of Courtr "F'.
Away wall preparation or bulldout needed is by others,;prior ter the start of our installation.
We require a taped,omcided„smooth,flat,and full drywali mmarface to begin installation
Any wood blocking necessary must be provided and inmta8led,by amen,prior to the start of our Installation.
All furniture must be moved 5ft,away from wall(s)to be uphirAstered,by others,
All electrical work by others.
TH15 PROPOSAL IS BASED ON THE FOLLO NG:
Subject to final plane and field conditions.
°Standard 1/2'Square Edge F,ABRI TRAK"System UphoUtered Walls with acoustical subsurface.
°Standard 1w Square Edge FABRI TRAK°System Upholstered Walls with acoustical subsurface..
°'Abutted'Panel Method.
®Fabric to be Railroaded.
Work to be performed during evening hours.
Fabric crust meet Contexture's requirements for weight,opacity&upntems.
®Fabric Included In the price:
Guilford of Maine/Anchorage 2335/Vanilla 2130
NOTE:It selected fabric requires Pining due to transparency,please ADD$2,090.00 to the total price.
If fabric seleccted is so transparent that additional lining is needed,,.additional charges will apply. MONROE C ' OFFICE
PROVED T F R
TERMS:
50%deposit,50%upon completion at Installation of panels. 90 deposit Is net required. , PATRICIA EABLES ...
ASSISTANT UNTYIIATTOR
E'Y
DATE:
To authorize this work,a corporate officer roust Sign below,a purchase carder number moms[be assigned and this document must be returned to our
office.
Approved by: .Date: . Puuircllliilase larder#;, .�
Fsaa� i t 1
1f applicable and unless otherwise noted
4 Proposal is valid for 34 days. ,
4 Taxes are not Included. d An wire&wiring by others.
•Producewarranty(s)exclude all costs far access to service&warranty products or equipment on Chelan site All motorcontrol and watch Installation by others.
•Proposal is based on a single mebUixatfon Phased deli eryotnsCali is nor included slacking by others.
If this project will utilize Textura far payments,please add 0.25%to total
If fextura system is required far bllling and the draw has not been opened or activated by the Contractor of time of submission oaf Invoices per the Contract,the
Subcontractor Shoff issue its invoice to the Contractor via email,and this wiN be considered timely and proper submission of the
ATTACHMENT B
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL
ASSISTANCE AGREEMENT
29
0%,113 ApproNed No, 1,5054'M
1"Apirammij flitc I f 30,2102 1
k-S N)1:111�f'� Rd,INIEN'11'()11,''11'HII"�'I'li�,,",%Stl�f�)'
RFCCA"URV IFTADS'
Recipiol narne ond addrcss� D(AS Nuinbet 073876757
' avio,Idenfificaw:m Nu niber 5. 96,000749
Motaroo CounIN Board J'aNp
t 100 Sinhijiflon Strom, Room 2-2 13 Asmstanc Listing Nkunber aml TrIL 21027
ke-V %Vcst. Flmida.330,10
Stxlions 002(b)and 003 h)ofthe Socud%:curay Ao pkhe Acit as addled bY sechon 9901 ofibc Aniaican Resow Ilan Act, Pub, L
\o, 1 117.2(Vfarch I L 2021)aollhoriiye tfw lkparmiteni difthe 11reasur v(freas w r v)lo inake pal%nioits to cerlaun rouipions from the
11,1scA kccovm Fund aml dw f.otonavirus,Locat l Ncal Rccovefy f'luxl
Rcciipcnu�hoeby ogreo,asr a olondition do leceivul-Such pa)Inefil frond jl'rcwmru ,aguees to the terins altr,tdledl hocto
Dqlalll,sipel 1,T,,,8 Bo6in
Ti�na, Boan Date-2022,08,02 09:11 M
-04'00'
Scnicm DireCwE Budget&Finalicc
Dale Sivllmd:
--—————————————————————
I Deparnnicrit ofdic Treasury
Aulhio6icd Reprtsentake Signature(abovO
J,,acob Leflienlufl
Aludimizod Represemalive Tilllc' Cluef Rccovvry Offievr,a Alikx of Rcccm m Progranis
D"Ille signe"& kfim 14, 2021
P'A"I"R WOR F PIIITIIAI-1 glow,`�;'A"'I"W FAT,
rh'e "vHooej)vffl be,used foe Ow l S Go",onmWil W po"e""'s,wquo&i log sup xo My onmulpmd burdiorn asooawd w1h Olf odlo�,,Iion'd,
adbmwfaon 5 migluW,� nosprnu Olo;awckir: v ofthis roduf.:vng flo,hurdvn should @wdivocud
nlOess 11 dvip ays']I "HIO
«amarol nwibber amovpcd bY O'All
30
U.S.DEPARTNI ENT OF THE'MEASURY
('OR(W,,M!T,RLJS S]Ali FISCAL R,.F,'COVT-.,RYF1JND
AWAR.DTHRMS AND CONTATK)NS
a, Recipient tmderstand.,.,'and agrees that the funds disbursed under this award may only be used in compliance with sections
002(c)and 603(c)of the Social Security Act(the Act)and'ft ea,sury's regulations implementing that section and guidance.
b. Recipient will detennine prior to engaging in any project using this assistance that it has the instittifional,managerial,and
fimancial capability to ensure proper planning,management,and completion of'such project,
a-LIULU'd ��'—` M The pe'nod of perfc)rniance for this award begins tangy the chite heroofand ends on Decernber.1 11.2026, As
set forth in Treasury's implennericting reguhitions, Recipient may use axard funds to cover eligible costs incurred during the period
that beguis,on.March 3,2021 and ends on December 31,2024
Recipient agrees to comply with any reporting obligations established by'Frea award,sury.as it relates to this
4, of an�access,Jo&caj,
a. Recipient shall maintain records,and financial documents sufficient to evidence compliance with sections 6('J2(c)and
iW(c),Treasury's regulations Implementing those sections,and guidance regarding,the eligible uses of funds.
h. The Treasury Office of Inspector Geneud and the Government Accourmalmlity Office,or their,authorized represenuativcs,
shall have the right of access to records(electronic and otherwise)of'Recipient in order to conduct audits or other
investigations,
c. Records shall be maintained by Recipient for 2 Period OffiVC(5);years after all funds have been expended or returned to
Treasury,whichever is later
5,Pre-award CQsts, Pre-award costs,as defined In 2 C FR §200,458,may not be paid with funding from this award,
Recipieril may use funds provided under dais award to cover hoth direct and Indirect costs,
7,Cbst ShoLjulz,Cost sharing or matching funds are not required to be provided by Recipient,
8.(",onflicts of Interest, Recipient understands and agrees.,it must maintain a conflict of mlerest policy consistent with 2("T'Jk, §
2M.31 8(c p and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and
subrecipients rnusl disclose in writing IoTremwry or the pass-through entity,as appropriate,any poleriti,�'d conflict ofiriterest
affecting the awarded funds in accordance with 2 CYR, §200.112,
,9.Cornphance with Aplilhcab[e Law and'ReSidlai ions.
a- Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to sections 602(f)and N G(Ci of the Act,and gui6ince issued by TraiSLITY regarding the foregoing, Recipient also
,agrees to comply with aH other applicable federal statutes,regulations,and cNectitive orders,and Recipient shall,provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
K Federat regulations applicable to this award include,without limitation,the following
I L)niforrn Adininistratmre Requirements,Cosl Principles,and Audit Requirements for Federal Awards,2 Part
200,other than such provisions as Treasury may determine are inapplicable to this Award andsuh�cctto such
exceptions as may be otherwise prov ided by'rreasury, Subpart,F Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act,shall apply to this;award,
ii. Universal[dentifter and System for Award Management(SAU),2 C.F.R. Part 25,pursuant to,which the award term
set forth,In Apperidix A to 2(',P'.R,],'art 25 is hereby incorporated by reference,
iii. Reporting Subaww'd and Executuve Com pensat ion Wormation,2 C.T.R-Part 170,pursuant to which the award term
set forth in Apperidix,?k to 2(.,F,R-part 170 is hereby incorporated by reference,
iv, OMB Guidelines toA(vericies on Governimerm,vide Debarment and Suspension(Nonproctirernent),2(.+'.R, Part
t 80c,including the requirement to include a terns or condition in all lower tier covered transactions(contracts and
subcontracts described in 2 C-F,R-fart 180,subpart 13)that the award is subpect to'2 F,R., Part 180 and'l'rea.sury's
implementing regulation at 31 (-'F.R, Nrt l 9
31
v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R. Part 200,
Appendix XIl to Part 2001 is hereby incorporated by reference,
6- Goverrunentivide Requirements for Drug-Free Workplace,31 C F.R.Pqri 201.
v i i. New Restrictions on Lobbying,31 C.F.R. Part 21.
viii. t hii Conn Re I oca tl i on Assistance:and Real property Ac o,I u is itions A et of 1 97 0(42 U,S,C,§§460 1-46 5 5)and
implementing regulations.
ix. Generally applicaNe federal environmental laws and regulations.
c, Stiatutes and regulations prohibiting discrimination apphuible tea this award,include,without limitation,the followi%.�:
j, Tille VJ of the Civil Rights Act�of 1964(142 US C, §§2()(xid et se)nndTreasury's finplenienting regullations at 31
C.F.R.Part 22, which prohibit discrimination on the basis of race,color,or national origin under prograrns or
activities receiving federal financiM assistance,
ii, The Fair lJousing Act, itle%11.11 of the Civil Rights Act of 1968:(42 U.&C. §§3601 et seq-),,which prohibits
discrimination in housing;on the 1bLsis of race,color,religion,national origin.sex,fare Rial status,or dvsabihty;
ii i, Section 504 of the Rebabilitatkni Net of 1973,as amended('49 U.S.(7-§74-)4),which prohibits discrimination on the
basis of diskibility under any program or activity receiving federal financial assistance;
iv, 'The Agc Discrimination Act of 1975,as amended(42 U S,C, §§6101 ct seq),anal'frcasury's implementing
regulations at 31 CY.R. Part 23,which prohibit discrim ination on the basis of age in pi-ograrns or activities
receiving federal financW as,,wtancel and
v, Title U of the,Arnericans with Disahilities Act of l 99,0,as amended f,42 U-S C,.§§ 12101 et se(j),which prohibits
discrimination on the basis of disability under programs,activities,and services ptovicted or made avaikible by state
and local I governments or instrwiienta I i I tes or agencies thereto),
1t1 R�cjnedjal Actions.In die event of Recipient's noncompliance with sections 602 and 603 Orthe Act,other aplvficable laws,
7'reasury's implenienting rcgulatjons,Suidance,or any refx)rting or other program requirements,Trcmury may inipose additional
conditions on the receipt of subsequent tranche of luture award funds,ifany,or Labe other available rerriedies as set forth in 2
KR.. §2001 339. In:the case of a violation ofswctions 602(c)or(A)3((.)of1he Act regarding the use offunds,previous pay'raent,'."
shall be sub.Ket to reconipment,as provided in sections 602(e)and 0'.)3(e);of the Act.
11,lJoich Acl, Recipient agrees to comply,as applicable,with requirernents of Hatch Act(5 §§ 1501-151'.)8 rand.
7324-7328),which limit ceruin political activities ofStatc or local governivent employces whose principal eniployment is in,
connection with an activity financed in whole or in part by this federal assistance.
12,False Statements.Recipient understands that making false statements or clairns in connection with this award is a violation of
federal law and may result in crinlinall,civil,car,chin inistrative sanctions,including fines,impriscmnient,civiil damages and
penalties,debarment born participating in federal awards or contracts,and/or any other remedy available by law.
j3j��) -ji=.Any pub]icatiorus produced with fimids front this award must display the following language:"'This prqjed[is
being] [was]supported,in whole or in part,by federal award number[enter project F-AW]aivarded to Nlomroe County Board of
on1Rrti,,.,,.;joners by the U,S, Departmed uf the Treasury,"
L.LJ,)g,hL_0 =nisml
a Any funds 1-mid to Recipient(1)in excess ofthe amount to which Recipient is firnafly delcimined to be authorized to retain
under the tenris ol'this award,(2)tlyat are deterin ined by 1he'Freasury Off"we of nspector C3,eneral to have been misused,or
(3)that are determined by Treasury to be sulbject to a repayment obligation pursuant to sections 6012(c)anA603(0)ofthe
Act and have not been repaid by recipient shall constitute a debt to)the federal goverrunent.
b Any debts determined to be owed the federal goverrmient must be paid promptly by Recipient, A debt is delinquent if it has
not been paid by the date specified in Trcamry's initial written deniand for payment,unless other mfisfaoory,arrangenients.
have been made or if the Recipient knowingty or improperly retaitts funds that are a debt as defined in paragraph 141(a).
Treasury will take any actions available to it to collect such,a debt.
32
a. The LInited States expressly disclaims any and all responsibility or habdity to Recipient or third persons for the actions of
Recipient or third persons,resultire,in deaths,bodily injury,property damages,or any other losses resulting in any way from
the perform-ance of this award or any other losses resulting in any way from the perforniance of phis award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
16.Protections for Whistleblowers,
& I n accordance with 41 U,S,C. §4712,Recipient may not discharge,demote,or otherwise,discriminate against an empk)yCe
in reprisal for disclosing to any of the list ot'llersons,or enlities provided below,information that the emj'.)loyec reasonably
l-.x'-fieves is evidence of gross mismanagement of as federal contnict,or grant,a gross waste of federal funds,an abuse of
authority relaling to as 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)orgrarit.
h. The list of persons,and entities referen c ed i rithe paragraph above i ne 6des the fol low]ng�
i, A rn em her of('ongress or a representa Ove of a com rn ittec of Congress,
k, An Inspector General,
iii, The Govemment Accountability Office;
iv, ATte'aSUQV CMI)IOVee reSpOnsible for contract or grant oversight or management,
v. An authorized official of the Department ol.lusfice or other law enforcernent agency,
vi. A court or grand Jury,of
vii, A rimnagemeni official or other emppoyec of Recipient,contractor,or subcontractor who has the responsibility to
invest igate,discover,or address m kiconduct.
c, Recipient shall inforni its employees in writing cif the rights and remedies,pro\,ided under this seel ion,in the predom inant
native language of the workforce,
17,lrtcrews,�ig Seat Belt Use in the United States,PursLant to L?Aecutfve,(:'trdef 13043,62 FR 19217(Apr. M 1 997),Recipient
shouki encourage its contractors to adopt and enforce on-the-jo�b seat bell policies and programs for their employees when
o1wraling con'i pa ny-owned,rented or personally owned vehicles,
18 RLeducing Te.Nt Messa2ing WhIc Driving,Pursmnl to Executive Order 113513.,74 Fk 5 l 215(Oct 6,2009).Recipient should
encourage its ernployees,subrecipients,and contractors W adopt and enforce policies that Nan text messaging;while driving,and
Recipient should establish workplace safety l)01i6eS to decrease accidents caused by distracted drivers.
33
O1'N113 Approved No. 1505-01-71
Diac� 11/30/2021
ASSITW,tuNCE OF C(7MPLIANCE WITH CI VIL RJGM'S REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH ITTI-E%,I OFT.111.7.,
L R1 Gy l ITS AC'I.'OF l 9,64
As a condition of'receipt of federal firiancialassisunice,firo,111 the F)epartrnent 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 con""acts,to provideassislance to the recipient's heneficianes,the use or rent of Federal land
or property at below market value.Federal training,a loan of Federal per%,ninel,subsidies,and other arrangerlients,with the
intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated
programs,licenses,procurement contracts by the Federal government at ni,arket vafue,or programs that provide direct henefits.
to all federal financial assistance from:or fuiuls inade available through the Departmentof the Treasury,
including any assistance that the Recipient i-nay request,in the futkir-e.
The Civil Rights Restoration Act of 1,987 provides that the provisions of this assurance apf.)[y to all of the recipient's programs,
services and activities,so long,.is any,portion of the recipients rrc)grani(s)is federalty assisted in the nianney proscribed above,
1. Recipient enstwes its current and future compliance with Title VI of the Civd Rights Act of 1964,as amended,wNch
prohibits exclusion from particil-xition,denial of the bancfits of,or subjection to discrimination under prograrns and
activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42,
U,S,C. 2100.)d et seq.),as miplernented by the Department cif the Treasury'noe V1 regulations at 31 CTIZ d'art 22 and
other pertinent executive orders such as E'xecutive Order 13166,director es; cucu[ars,policies,menioranda and/or gtudance
documents,
2. Recipient acknowledges that Executive Order 13166,"1 ni proa,ing.access to Services for Persons with Limited E"Tiglish
Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because(ifnational
origin,have lAnited English proficiency(LEF� Recipient understands that denying as person access to its programs,
servics,and activities because ofL,EP is,a form of national origin discrimination prohibited Under Title NTI of'the C',ivil
Rights Act of 1964 and the Department of the Treasury's implenienting regulafions.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Depannient of the Treasmy's,directives,to ensure that LFIT"persons have meaningful
access to,As programs,sery ices,and activities, kecipient understands and agree.,,that meanutful access may entad
providing language assistance A-rvices,including oral inter-pretnionand written translation where necessary,to ensure
effective communication in the Recipient"s prograrn.s,services,and activities.
1 Recipuent agrees to consider the need for language ser6co;for I-Jif,jxrsons during developmew of,'ipplicable budgets and
when conducting prognuns,services and activifies.As a resource,the F.Department,ofthe Treasury has published its LE'11
guidance at 70 FR,6067, For more"iforntafion on LET,please visit htt-D)/wwW1en.aoV
4, Recipient acknow I edges and agrees,that compliance with this assurance constitutes a condition sad continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors,tninsterces and assignees for the
period in which such assistance is provided.
Recifnent acknowledges and agrees that it rnixsk require any sub-grantees,contracton,subcontractors,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in orery
contract or agreement subject to Title VT and its regulations between the Rmpicnt and the Recipient's sub-grantees,
contractors,subcontractors,successors,transferees,and assignees:
Thesuh-granlee, contractor,subcontractor,successor, Iran#*ree,coned assignee shall compfy ividy Title 17 ref the
(7hydR ghIsAL,9 oj'1964, which prohibits amislancefi-om aprogram
or achriol,dep,wp g ben fatsql,'or o1herwise discrunrnafing againsl a pea von on the basis olfrace,color,or
nahonal origin(42(./X C §2000d et seqj, as irnplemewwd by the L)eparlwern ql'the D'euszrty's Title V7
regulations,31(,Fq?Part 22, which are herein inco;poraled by rvyi rence and nrade a part o0his contract(or
,r(greenio,,W. Title V1 a1so mchrdes protec-lion le),persons wilh "l-indied A)7gfish Proficiency in arry program or
assislance,42 U.S. §200'Od elseel.,as implemenled ky the Deparimern q/the
Trvaszops's Tide P7 revdations, 31('bpi Part 2.1, and herein jnvo�poralvd by ri?Prence and made a Parl of this
conlract or,6agreement.
t Recipient undersL.mds and agrees that if any real property or structure is provided or improved with the aid offedenal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or rn the case of a subsequent
transfer,the transt'dec,for the period during which the real propeny or,structure is used for a purpose tom which the federal
financial assistance is extended Or for another purpose involving the provision ot'sim services or benefits.If any
34
personal property as prcagrided,this assurance obligates the 61,.ecipient for the period during which it retains ownership or
possession of the I",woparty,
Recipwnt shall cooperate in any enforcennent or compliance review activities by the Department of the treasury of the
aforementioned obligations Enforcement may include nnvestigarto�n,arbitration,mediation, litigation,and monitoring of
any settlement agreements that may result from these actions,That is,the Recipient shall corn ply with intforanat:ion requests,
on site compliance reviews,and reporting requirements..
Recipient shall maintain a complaint Tog anal inftarnn the Department of the'rreasury of any complaints of'dascrrrninataon on
the grounds of race,color,or national origin,and limited.English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide,Capon request;a'list of kill:such reviews or proceedings based on the
complaint,piending,or completed. including oautcome., recipient also nnust inform the Deliartment of the Treasury it`
Recipient has,received no complaints under Title VT..
Recipient must provide documentation of'an administrative.agency's or court's finding art non-compliance of'f ille yip and
efforts to address the,non-connpliance,including any voluntary comphance or other agreements between'the Recipient and
the adni inistrative agency that made the finding lfthe Recipient senles a case or inatter alleging such discrimination,the
Recipient must provide documentation of the settlement [f] ecipient has riot been the subject of any court or a tlrninistrative
agency finding of discrimination,please sea state..
10 If the,recipient males sub-awards to other agencies or othea-entities,the.Recipient is responsible for ensuring that
,,,-�rec,ipicnts also comply wvi.th"f atle'VI'andother applicable authorities covered in this document State agencies that make
su b-awarcds must have in place standard grant assnarances and reviewv procedures to demonstrate that that they are effectively
nnonitoring,the civil rights compliance of stub recap Tents.
TheUnited States of America has the right to seek judicial enforcement of they terms of"this assurances documernt.
and nothing on this document alters or limits the federal enforcement measures that the United States nnay tale in order to
address w iolations of this document or applicable federal law,
Under penalty of peijuty,the undersigned off icral(s)certifies that he/she has read and understood its obligations as
herein descrahed,that any information submitted in conlunc:tion with this assurance document is accurate and complete,and.
that the Recipient is in compliance mth the aforementioned nondiscrimination requirements.
lZecipient Date
Tina Boars
Signature of Awhorized Official
taAE't-;ktww+CaFa, ;EtMi7CTIC)N A(,7 `N(itlCF
'Flit inlcrunnwiicronu c,0l1ectei Will be used tor a ire US,Cwrveminent no Process aeatnests.firr saprgorf The erfiaaaaieii burden asr,creiaueal with n:tu s colleelien of
aunt"onrt,,Uion is k5 n lhz iw•e,per reslwn14e C otruile,ri s;volwetrning the uacc avicy M dli;t�t,iwden e tia wle arld era es6ons roT aaaaiwing this tstxderl Ail Gal be uipreci(xl
to IN,,Office ofllrivaq Ti nrisp orcrncy and Recor(Is,Dgxu lmeni of the 1'reni,,o y,1500 Pimn ylvarntnt Ave.N,W,,wdinsttingtern„& A" 20220 DO N OT send IN
&wrii to ins address,Abu agency may maid coiidu cl or spaousaar amid a person is ncA mgwred to respond to a collection of infiornihA na unless it disphr3N a va]i t
control number assigmd by OMB,
35
ATTACHMENT C
COUNTY FORMS
36
COUNTY FORMS AFFIDAVIT
1, Carol Lora of the city of Canton, MA according to law on my oath, and under
penalty of pequry,depose and say that:
I am Asst. Secretary of the firm of Contexture, Inc., the Contractor
submitting the Proposal for the Project described in this Agreement and that I submitted the said proposal with full
authority to do so.
By signing this Affidavit, CONTRACTOR/CONSULTANT has sworn or affirmed to the following requirements as
set forth in the Public Entity Crime Statement, Lobbying and Conflict of Interest Statement, Drug-Free
Workplace Statement,Vendor Certification Regarding Scrutinized Companies List,Non-Collusion Statement,
Foreign Countries of Concern,and Common Carrier as set forth below.
Public Entitv 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 contracts to provide any goods or services to a public entity, may not
submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or
public work,may not submit bids,proposals,or replies on leases of real property to 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 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
The CONTRACTOR/CONSULTANT certifies and agrees that CONTRACTOR/CONSULTANT nor any Affiliate
has been placed on the convicted vendor list within the last 36 months.
Ethics Clause
By signing this Affidavit, the CONTRACTOR/CONSULTANT warrants that he/it has not employed, retained or
otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No.
0 10-1990 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.
Drus-Free Workplace
In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses with drug-free
workplace programs. Whenever two or more bids or replies that are equal with respect to price, quality and service
are received by the State or by any political subdivision for the procurement of commodities or contractual services,
a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process.Established procedures for processing the bids will be followed if none of the
tied vendors have a drug-free workplace program.
CONTRACTOR/CONSULTANT in accordance with Florida Statute 287.087 hereby certifies that
CONTRACTOR/CONSULTANT shall:
1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business' policy of maintaining a
drug-free workplace, any available drug counseling,rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
37
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection(1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid,the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT complies fully with the
above requirements.
Vendor Certification Resardinn Scrutinized Companies Lists
CONTRACTOR/CONSULTANT agrees and certifies compliance with the following:
Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering
into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a
company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or
services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to
s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of CONTRACTOR/CONSULTANT, I hereby certify that the
company identified above as"CONTRACTOR/CONSULTANT"is not listed on the Scrutinized Companies
that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed
on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran Terrorism Sectors 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 immediately, 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 Terrorism Sectors List or been engaged in business
operations in Cuba or Syria.
Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is
eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services.
Note:The List are available at the following Department of Management Services Site:
hllls.;//www,,c 1u1 cuivp'1�r11c1<:�_c�r1 1/�b1;d411llf , .IsF 1a�t fir,ray/ l��lF mmls����1<:�;ng/vF;�n(Jor irk;lbrniagi;on/conv;i lF cl s j �sF raclF,;c, clis.
l�all2a_.21 111.1ap;zr v e n doi lists.
Foreign Countries of Concern
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form") is required by
Section 287.138,Florida Statutes,which is deemed as being expressly incorporated into this Form.The Affidavit must
be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of
submitting a bid,proposal, quote, or other response, or otherwise entering into a contract with the County. If being
awarded the Contract, or otherwise entering into the Contract, would grant Contractor access to an individual's
personal identifying information, pursuant to section 287.138, Florida Statutes, the undersigned, on behalf of
Contractor,hereby certifies,represents,and warrants that Contractor is not affiliated with a foreign country of concern,
38
as such countries are identified in section 287.138(1), Florida Statutes. The undersigned additionally certifies,
represents, and warrants that: (A) Contractor is not owned by a foreign country of concern; (B) the government of a
foreign country of concern does not have a controlling interest in Contractor; and (C) Contractor is not organized
under the laws of nor has its principal place of business in a foreign country of concern.
Common Carrier
If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby certifies
that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of
transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention,
removal,or departure of the person from this state or the United States.
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.
UNDER PENALTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I HAVE READ AND
UNDERSTAND THE FOREGOING AFFIDAVIT.PURSUANT TO THE AUTHORITY GRANTED TO THE
UNDERSIGNED BY CONTRACTOR, THE UNDERSIGNED HEREBY ACKNOWLEDGES, AFFIRMS,
AND MAKES THE ABOVE SWORN CERTIFICATIONS ON BEHALF OF CONTRACTOR.
08/06/24
(Signature of Contractor) (Date)
Asst.Secretary
(Title)
STATE OF Massachusetts
COUNTY OF Norfolk
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[]physical presence or
Vonline notarization this 6th day of August ,20 24 ,by Carol Lora
Signature of Notary Public-
Annemsatiy Commonwealth of Massachusetts
NO yr P.M.
NN ,flp� , Anne M Batty
�z x � n
Name of Notary
My commission expires: March 25,2027
Personally Known OR Produced Identification
Type of Identification Produced _
39
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: Contexture, Inc.
Vendor FEIN: 04-3027050
Vendor's Authorized Representative: Carol Lora,Asst. Secretary
(Name and Title)
Address: 5545 York Ave.
City: Fort Lauderdale State: _ FL Zip: _ 33309
Phone Number: _781-312-0286
Email Address: clora@contextureuSA.com
As a nongovernmental entity executing, renewing, or extending a contract with a government
entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor
does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
l. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that
Vendor does not use coercion for labor or services in accordance with Section 787.06.
Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by
same.
Certified By: Carol Lora,Asst. Secretary who is
authorized to sign on behalf of the ahove referenced company.
Authorized Signature: f
Print Name: Carol Lora
Title: Asst. Secretary
40
Minority Owned Business Declaration
Contexture, inc. , a sub-contractor engaged by Monroe County during the
completion of work associated with the below indicated project
(Check one)
X is a minority business enterprise, as defined in Section 288.703, Florida
Statutes or
is not a minority business enterprise, as defined in Section 288.703, Florida
Statutes.
F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions,which is domiciled in Florida, and which is at least
5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic,or
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and
whose management and daily operations are controlled by such persons.A minority business enterprise may
primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this
subsection,the term"related immediate family group"means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5
million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information.
Contractor Contexture, inc. Sub-Recipient: Monroe County
Signature Signature
Print Name- carol Lora Printed Name:
Title: Asst. secretary Title/ OMB Department:
Verified via:
l tR,- //osd,dnt �-yi florida.coi-yi/dircct:orics
Address: 5545 NW 35TH Ave Suite D DEM Contract
City/State/Zip Ft. Lauderdale, FL 33309'
Date:_ 08/06/24 FEMA Project Number:
41
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 fiends 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 fiends other than Federal appropriated fiends have been paid orwill be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction imposed by
section 1352,title 31,U.S. Code. If any fiends have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions. Submission of
this statement 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 statement shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The Contractor, Contexture, Inc. 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 Contractor's Authorized Official
08/06/24
Carol Lora,Asst. Secretary
Name and Title of Contractor's Authorized Official Date
42
DISCLOSURE OFLOBBYIING AC'nVITIES Approved 17,j OMB
Complete this formi to d[sclosle,iobbying activities piursuant to 31 U.S.C. 1352 034&G046
(Selo ireverse for public IlDuurden disclosuire.)
1. Type of Federal Action: 2. Status of IFederall Actilon:: I Report Type:
a. inifial f�illi�ng
lb. grant b. ini'lial'awaird
LI a. contract LI a. b,i,d,toffeirtal�),pliilcati'�oini ❑
�13. materi[al change
c. cooperative agrelenient c. post-award For Matertat Changle Only:
d. lb a n year q LI'a rteir
e. ljoan guaraintee date of last irelpport
f. loan insUirance
4. Name ain,d Address of Reporting Entity: 5. If Repiorfilin�gi Entity !in N&A is a Subiawairdee, Enter Non ne
0 P'rime Q Submardee and Address of Prime::
Tiler if kn..Q.
.....................
Congressional District, if,&.1.0.wn Congiressionall District, if kogym..
6. Feiderall Depa,rtiinenI)Ag&ncy: T. Federall Program Narnie/Diescriptioin�::
CFR3 INUmlber, if ..........
-a
P .
F ede ra 11 Aic tibin, Nl Li m bleir, if know.n.... 9. Awaird Amount, iQn..owj?....
........................... ...........................
10., a., INIame and Address of Lobbyliin, IRe¢gistrainit b. Individuals Peirformling Services (0cluding address if
(if mdividual, last name. first name, different From No. 10q::.)
.............. :
(1astname, first nanm�, Mf)�:
II irkrinafirm mqLa l flimugh ffifir 1"9im:l udmized q INV. 31 USC %ectrin Signature:
lhfir &mID%'jm af kAjibying wlbhfi!n� l� as 115arvpr reprm%eifldlvn :A Pia
Imurl whizh lefiana!ww� plmed b,,ff'k.!fleir �Pirint Name:
ur jjjf6, Jjju fiw,Jmkre iye r".1phim-A �31 USC 1352 Th��
iplamnalion'AR:bt!repuol�d u.o the Qnym aukAnnuAy arml vH1 ter awdable km
pukiu kwpmfiam Any pown:W'm fj%ho,j@ Mr the ivqjim� dimkj%urr mball m
sahbr.cr. In a�'d ptmnlly :A nw Iv.�thr�$V'Y NO uud a i-m areffian:51000DO km
�R:h%wrh fillure Telielphoine No.: Datie::
'��j o f'i d f c i r Local Reprodiudion
Federal Use Only: Standard Farmi L.LL(Rev.7-97)
43
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 a covered Federal action,or a material change to a previous filing,pursuant to title 31
U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any
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.Complete all items that apply for both the initial filing and material change report.Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change
to the information previously reported,enter the year and quarter in which the change occurred.Enter the date
of the last previously submitted reportby this reporting entity for this covered Federal action.
4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a
prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the
Ist tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city,
State and zip code of the prime Federal recipient.Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational
level below agency name,if known.For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I
(e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number;
the contract,grant,or loan award number;the application/proposal control number assigned by the Federal
agency).Include prefixes,e.g., "RFP-DE-90-001."
9.For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter
the Federal amount of the award/loan commitment 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 registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered
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(b)Enter the full names of the individual(s)performing services,and include full address if different from
10(a).Enter Last Name,First Name,and Middle Initial(MI).
11.The certifying official shall sign and date the form,print his/her name,title,and telephone number.
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44
ATTACHMENT D
CONTEXTURE, INC.
CERTIFICATE OF INSURANCE
78/1/2024
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Alliant Insurance Services, Inc. PHONE Stephen Turner FAX
125 High St. Ste. 2205 A/C No Ext: 617-535-7249 A/C,No):
E-MBoston MA 02110 ADDRESS: sturner@alliant.com
INSURER(S)AFFORDING COVERAGE NAIC#
License#:OC36861 INSURERA:Travelers Property Casualty Co of America 25674
INSURED INSURERB:Travelers Indemnity Co of America 25666
Contexture, Inc.
45 Dan Road, Suite 350 INsuRERc:Travelers Indemnity Co of CT 25682
Canton, MA 02021 INSURERD:
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1253839267 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY Y DT-CO-4S967032-TIL-24 1/29/2024 1/29/2025 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $300,000
X Contractual Liab APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $10,000
X XCU Included gy� r' .-..„, F" ';:`^,,, `"""A� PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: DATE 8/7'L6 ,4 w.-✓ GENERAL AGGREGATE $2,000,000
POLICY� jE O LOC WAIVER N/A YES PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
B AUTOMOBILE LIABILITY Y 810-8S893773-24-26-G 1/29/2024 1/29/2025 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
Comp/Coll Ded. $1,000
A X UMBRELLALIAB X OCCUR CUP-8S952870-24-26 1/29/2024 1/29/2025 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$1 n nnn $
G WORKERS COMPENSATION UB-8S894745-24-26-G 1/29/2024 1/29/2025 X ER OTH-
P
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
RE: Contexture Job#240567, Freeman Justice Center.
Monroe County Board of County Commissioners,its employees and officials are included as Additional Insureds as required by written contract and executed
prior to a loss, but limited to the operations of the Insured under said contract,with respect to the Automobile and General Liability policies.
30 days'notice of cancellation or non-renewal will be provided to Certificate Holder,except 10 days'notice for cancellation for non-payment of premium.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners, Its ACCORDANCE WITH THE POLICY PROVISIONS.
employees and officials
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
ATTACHMENT E
CONTEXTURE, INC.
MEMORANDUM - SOLE SOURCE BID
FOR JUDGE WILSON'S COURTROOM
FREEMAN JUSTICE CENTER COURTROOM "F"
.� BOARD OF COUNTY COMMISSIONERS
County of MonroeMayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tem James K.Scholl,District 3
�9 Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
to
MEMORANDUM
DATE: July 15, 2024
TO: OMB
FROM: William DeSantis
Director of Facilities
SUBJECT: Freeman Justice Center, Judge Mark Wilson's Courtroom, Courtroom F
Additional Upholstered Walls with Acoustical Subsurface
Chapter 7, Item A.2.b) of the Purchasing Policy allows for sole source procurement
when, due to the nature of the goods, it is needed to "obtain conformity to existing
contracted goods".
Judge Mark Wilson's Courtroom, Courtroom F in the Freeman Justice Center at 302 Fleming
Street, Key West, Florida, needs to have additional sound panels installed. Contexture Window
Shades and Acoustic Systems originally fabricated and installed the Fabri Trak System
Upholstered Walls with Acoustical Subsurface acoustical panels currently in Courtroom F. It
has been determined that twelve (12) acoustical panels on two (2) walls of the Courtroom need
to be added. We have searched for vendors who provide panels that conform with the existing
panel structure. Contexture Window Shades and Acoustic Systems is the only company that
offers this product in the same material(s), color(s), acoustical subsurface and design as those
already in use in Courtroom F. Facilities Maintenance is therefore requesting approval to
engage the services of Contexture Window Shades and Acoustic Systems, as a sole source
provider, to fabricate and install the additional panels needed to ensure conformity within the
Courtroom.
Thank you for your consideration in this matter.
MOM[ROE COUNTYATTORNEY OFFICE
ASMSTANT EY
CATS:
ATTACHMENT F
CONTEXTURE, INC.
CUSTOMER FACT SHEET
c �ftexture
ol�l
We IIII 111Iave A 11114ew Illf,,lI iir iiiriiid As d As Ottir Veii°.....""II'"ex, and our irer.,ent acquisition Braimlbieri s, have relbranded as Contexture! We're
updating the company's market positioning to better match our evolving strategic
direction, expanded portfolio of window treatment and acoustical systems, and our
growing geographic footprint. We are reframing the conversation within the industry to
focus on how optimized building performance can improve occupant comfort and preserve
the planet. Contexture builds on our past successes to symbolizes a new chapter in our
growth journey.
Our new company purpose:
Optimizing building environments to
improve iv s and help preserve
e Iknow Context is everything! Great buildings address factors such as aesthetics, lighting,
acoustics, air quality, and temperature to create transformative spaces, conducive to
maximum comfort, wellness and productivity. Contexture is the industry leader in managing
sunlight and sound elements that impact your building's occupants. We weave these
elements into a balanced environmental experience by designing and installing window
treatments and acoustic wall and ceiling systems that exceed your functional requirements
and aesthetic expectations. Contexture solutions are also tailored with the earth's
environment in mind, reducing energy building costs and construction waste. Our team's
unmatched talent, product knowledge and passion ensure we meet the highest quality
standards, from design and fabrication to installation as we help you optimize building
performance and occupant comfort, turning good buildings into great ones.
Our rebranding includes the introduction of our Contexture Design-Assists"' capability.
This specialty team which works directly with commercial building developers and owner/
operators, architects, and designers to guide them through the product selection process
removing the risk associated with selecting product that does not achieve their design
objectives. Our Performance-Based design approach assists improving the performance of
commercial buildings through an independent assessment of product performance during
the design and specification process.
1
With our rebranding, there are some changes our customers need to know and might
require you to update your systems:
• Our new formal legal name is Contexture, Inc. Our EIN remains the same.
• Our headquarters and office addresses remain the same as do our telephone numbers.
• Our email system will be updated to the @contextureUSA.com domain effective
October 31st 2022 with individual addresses as f1iiursttliiirilli,tliialllll stiYi ime(�ucontextu,uireUSA,
coim, Emails to our old addresses will automatically forward, but you'll want to update
and utilize the new address within two weeks.
• All existing contracts, agreements, and certificates of insurance will remain in place.
Any new agreements and insurance certificates established will list the Contexture,
Inc. name.
• E-mail Steve Ormonde at soil°inrioride(oo c-.ontextm,uii°eIJSA,coirn for an updated W9 form.
• Purchases orders and contracts should be addressed to Contexture, Inc. as of today.
• Visit our new website at www,r.wontextm,ureUSA,coim.
• As our new brand rolls out over the next two months, you will see new Contexture
sales materials, vehicles, uniforms, and signage.
• If you don't already follow us on social media, now is the time!
Link to us on Linkedln (httjps„//www,hrilkedin,c.woii-ri/a.-.oii-riiparwy/c-.ontextu,uii e,,,,usa),
Facebook (I"mttlps„//www,Iaa;,elhoollti,r.worn/r.,.ontextu,ureUSA) and Instagram
(httjps„//www,iristagii°aii7il.1c.01171/c-.ontextu,uii°euusa) for more frequent updates on our
products and services.
The rebrand does not change who we are and what we do. Instead, it builds on our past
successes to give us the platform for future growth.
Any questions? Email us at irrfo(�r.-.ontextu,ureUSA,coilm or contact your Sales Rep.
Cointfinued thainksf Ir your III' III IIrS III ill III
Aiiniisweirfing you Iir Qu st IIII IInii s
Why theiname Contexture?
Our new name, Contexture, is as bold as our ambitions and packed with meaning:
First, the definition of Contexture is "the arrangement of assembled parts into a
structure" which is exactly what we do with window treatment and acoustical systems
to help customers to optimize building environments. Synonyms of Contexture
include ambient, atmosphere, environment, and surroundings.
Second, the word Contexture reflects the industries we serve: construction,
architecture and textile/interior design.
2
You'll find at the center of our name tex which honors 37 years of successful customer
relationships as Ver-Tex.
What"What"s i II ii iii ing at Contexture?
• Our commitment to your success
• Our culture of caring and support
• Our values which align with our new brand
III III II Ilf;; lirambier's iname chaingeii a lire
We're delighted with the success of the merger of Ver-Tex and Brambier's and our
combined knowledge and service power. We'll rebrand as a combined entity so both the
names Ver-Tex and Brambier's will no longer be used.
a 0000
coin ire
Firainsforimling 11°°l u irn in Cornfoirt
ATTACHMENT G
CONTEXTURE, INC.
FREEMAN JUSTICE CENTER -
DECEMBER 2014 PROJECT INFORMATION
11N� rvMW'mmmmmmnu'romreuuwmmmmmwwwmwmmvwmmn..... ..nnw w .........
Burke Construction Group, Inc.
10145 NW 19"Street
Dooral, Florida, 33172
I ' BuRKE
C onstrua: on a���o oup dnc Tel: 305.468.6604
Fax: 305.468.6654
Letter of Transmittal
Currie Sowards Aguila Architects December 18, 2014
Attn:Jose Aguila AIA, LEER AP
185 NE 4`"Ave.,Suite 101 3
Delray Beach, FL 33483
1413
t s
We Are Sending You:
7X Attached ❑I Under Separate Cover Via
The Following Items: ❑ Shop Drawings :1 Plans ® Samples El Specifications
®Product/Technical Data ❑ Change Order ❑ Other:
1 12/15/2014 Technical Data Emailed — 12/18/2014
4 12/15/2014 Technical Data Original —FedEx Package
1 12/15/2014 Color Cards Guilford of Maine Anchorage7Col. Ca
�4 12/15/2014 %" #6 Density Insulation
4 12/15/2014 1" #6 Density Insulation
4 12/15/2014 1" Fabri-Trak Trim
4::j�F/15/2014 ''/z" Fabri-Trak Trim
The above items are transmitted to you:
For Approval ❑ Approved as submitted 0 Resubmit for approval
❑ For your use ❑ Approved as noted ❑ Per your request
❑ Returned for correction ❑ For bid due
Received:
Date:
Received By:
Signature:
Freeman Justice tenter— Acoustics Renovation
Submittal Package
Prepared by:
94404e4
1
Windows&Walls
'707 SainnisAvenue,Suites H& I
Port Orange,1°L 32129
PH: 386.756.010t Fax-, 305.513.5866
Prepared for:
Burke Construction group, Inc.
10145 NW 19 Street
Doral, FL 33172
CONSMUCTION
WS w FOR APPROVAL
S FOR F
CATALOG CUTEl RESUBMMED FOR APPRMAL
OSAMPLE E3 REXCTED AND RESUBW
Wely on the genval door requirements of the t
doomraft,SOxonvactm t tittese
Job: 1
what is the Fabr*lTrak*' System
Wall Substrate
(If other than drywall, additional steps may be
required. Please contact your local Distributor)
OA
Fabri Trak'Profiles
Vic FabriTrak, is stapled to the gypsum board wall 000000�
construction, as designed by the Archilect and/or
Interior designer,
Panel Substrate
Your choice of: Fiberglass (acoustical), Mineral
Fiberboard (tackab1c), Fabrifilr (upholstered),
Plywood (nailable) or a combination of materials—
is installed within the FabriTrak'� framework,
Fabric
The fabric is stretched over the FabriTnik' framework
and tucked into Fabri Trak's locking jaws without
the use of adhesives or mechanical fasteners. This
allows for future fabric replacement, while not
7 ,
disturbing the other components.
t
Moldings and Trim
The diverse line of FabriTrak" profiles enables a
smooth, crisp, custom tailored transition into
adjacent surfaces,
The Fabri Trask' System is a method of applying fabric as an architectural finish, It is a cost-effective tool for
creating and enhancing interior environments with function, form, color, texture and noise control.The Fabri Trak'
System is installed on-site, ensuring precise fit to other architectural details and may be applied over virtually any
substrate material. FabriTrak' versatility is engineered to accommodate the architect and design professiona I's
creativity ensuring Custom Is Standard!
The System consists of three primary components (i) U.L. fire-retardant rigid vinyl locking channels (Fabri Trak')
serving as the panel's perimeter (ii) sound absorptive, reflective or tackable infill materials installed within the
track's perimeter (iii) fabric, or other finish material, stretched over the Fabri Trak' perimeter and inserted into
Fabri Trak' specialty designed inlet jaws and locked in Fabri Trak"s unique hidden storage channel ensuring a crisp,
smooth, finished edge detail.
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cal Distributor.
' 53 Route 130 South, Su
0 (F) 609-�409-7377 - inf
2 SE.20 2 SEE.20 (877)6ABRITRAK
What is )riTrak"' Profiles
1 N.R.C.Test Results l FabriTrak" Profiles
Test or Sound Absorption—
Sample at frequen
Number
125 250 500 1000
.,29 39 ,77 1.10
�...__ 3t8 SE 3t8 SFE
Fabri rake° Profiles
3/8" N.R.C.Test Results
Test or Sound Absorptirar �
Sample at fre uen
Number
125 250 500 10GO
3 .05 .17 .34 .42 ,�� 1/2 RE 1 t2 RJT
1" A►STM E-84 Flame Spread/Sn /2 SFE 1/2 SIT
Flame Travel Results
NOISE REDUCTION CONCEPTS TM
+GUILFORD FR 701 FABRIC
2 r ywy�a y.`r�t Irak"", N.R.C. Profiles
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For actual test results, please contact your
Fabri Trak" Systems, Inc. .
(T) 609-409-6; 107 B
FABRITRAKe Pre-installation Checklist
UPHOLSTEItED WALL SYSTEM
The Following Items Should Be Completed Prior To Our Installation:
1. Millwork and Mirror
* histalled complete including cabinetry, crown molding,door casings,chair rails,etc,
* All millwork flush against walls with no gaps over
* All painting,staining,finishing, etc.,completed.
2. Electrical Wo
* Any unused boxes scaled up. See special sheet attached,
* All fire pull boxes,strobes,thermostats,sconces,exit sips,etc.must be removed prior to the start of our
installation,and reinstalled after the fabric is complete.
3. Furnitureg
* All finmiture must be moved a minimum of five(5)feet away from the walls to be upholstered.
* Brambier's can NOT be responsible for moving your furniture.
* All pictures,mirrors or other artwork type items hanging on the wall must be removed prior to the start of our
insanon and reinstalled after the fabric is complete.
4. Floor and Base
Flooring installed completely.
Base installed(base never covers the Upholstered Wall).
If you are using marble or wood base; be sure the top has been polished or finished as it may
be visible,depending on the edge of detail of the FART ZI 72UK 0 selected.
5. Fainted Areas Abutting FABRI MAKO
All areas abutting the Upholstered Walls must be pautted firsd It is virtually impossible,regardless of how
good your painter is,to paint up against the finished wall without getting paint on it.
6. Other Miscellaneous Finishes
* If you are using a light colored or light weight fabric; be sure the wall is one consistent color, i.e.no black
marks,new drywall has been sealed and is not gray with white streaks that might show through the fabric.
* Any cement or wood cutting,sanding etc.that may cause dust in the air should be completed. The fabric may
absorb this dust and discolor and/or retain the odor. We therefore recommend that smoking no longer be
allowed in areas with padding or fabric installed.
7. Air Temperature and Humidity
Ambient temperature and humidity must be continuously maintained at values indicated for final acceptance for
48 hours prior to the installation,of fabric.
S. Schedulina
Please keep us informed with as accurate an installation date as possible. Rest assured we will be on site on the
day we agree to be there. If we arrive per your request and you aren't ready, you will be invoiced for loss of
income. This may also result in a delay for your project as we may be committed to other jobs immediately
following your allotted time and may have to complete those jobs before returning to yours.
If you have any questions regarding our installation please call us at(305)653-1712, fax(305)653-1714.
The best way to a smooth installation is through good communication!
FABRI TRAKe Electrical Information
UPHOLMnD WALL SYSTEM
FOR 3/8" or 1/211 SYSTEM:
No special buildout of boxes is required. All switches and outlets(includes any item with a face plate that
can be removed easily and that does not have anything attached to it when removed)should be installed
normally and completely.
Any items which have wires that attach to the face such as fire al ann strobes, phone jacks, fire alarm pulls,
exit sips etc. should have the boxes set for the devices and the wires pulled but the devices should not be
installed until after the fabric. Should they need to be installed earlier for inspection they will need to be
removed during the fabric installation.
All openings should be a minimum of three inches away from the edge of a panel.
FOR I" SYSTEM:
All electrical boxes should be installed or built out 7/8" to I"'in front of the surface of the wall. This
distance can not exceed 1"or the device will protrude from the fabric.
All switches and outlets(includes any item with a face plate that can be removed easily and that does not
have anything attached to it when removed)should be installed completely.
Any items which have wires that attach to the face such as fire alum strobes, phone jacks,fire alarm pulls,
exit signs etc. should have the boxes set for the devices and the wires pulled but the devices should not be
installed until after the fabric. Should they need to be installed earlier for inspection they will need to be
removed during the fabric installation.
All openings should be a minimum of three inches away from the edge of a panel.
If you have any questions please contact Brambier's (305) 653-1712,fax (305)653-1714.
HARDWOOD OOD PLYWOOD&VENEER ASSOCIATION LABORATORY AND TESTING SERVICE
era 1325 Michael Faraday Drive,RWon,VA 20190 703435-2900 FAX 703435-2537
Deport Can
Surface Burning Characteristics
[Determined By
ASTM E 84 Twenty-Fine Feet
Tunnel Furnace Test Method
PREPARED FOR:
FabriTrak Systems Inc
Cranbury, NJ
TEST NUMBER T-12746
MATERIAL. TESTED:
Fabri Trak(g)l Site Applied Wall Panels
DATE OF ISSUE 8/21/2008
r
Windows&Walls
707 Ss rm Avenue, Suites FI& I
Part Orange„ FL. 32 t 2
PFL 386.756.0101 Fax: 305.513.5866
Freeman Justice Center
Submittal Item#1
Technical Data and Testing Information
Page 1 of 7
HARDWOOD PLYWOOD&VENEER ASSOCIATION LABORATORY Y AND TESTING SERV CE
Ilp 1825 Michael Faraday Drive,Session`VA 20190 703-435-2900 FAX 703435-2537
TEST NUMBER T-12745 Page 2 of 7 DATE OF TEST 8/21/2008
1. SCOPE
This report contains the reference to the test method, purpose, test procedure, rounding
procedures, preparation and conditioning of specimens, description of materials, test and post
test observation data, and test results.
11. TEST METHOD
The test was conducted in accordance with ASTM E 84, "Standard Test Method for Surface
Burning Characteristics of Building Materials." The 25-foot tunnel method is also described b
NFPA 255 and UL 721
Ill. PURPOSE
The purpose of the test is to determine the relative performance of the test material under
standardized fore exposure. Results are given for Flame Spread and Smoke Developed Index,
The values obtained from burning the test material represent a comparison with that of 1/4"
inorganic reinforced cement board expressed as zero and red oak flooring expressed as 100.
The flame spread results of 25-foot tunnel tests are frequently used by building code officials
and regulatory agencies in the acceptance of interior finish material for various applications.
The most widely accepted classification system is epitomized by the National Fire Protection
Association Life Safety Code„ NFPA 101:
Class A* 0-25 flame spread 0-450 smoke developed
Class B* 26 -75 flame spread 0-450 smoke developed
Class C* 76-200 flame spread 0-450 smoke developed
*Class A„ B and C correspond to I, 11 and Ill, respectively, in other codes such as UBC
and BOCA_
This flame spread classification system is based on the premise that the higher the flame spread
numbers, the greater the fire spread potential. The actual relationship between the numbers
developed under this test and life safety from fire has not been adequately established.
w
IV. TEST PROCEDURE NOTES
The furnace was preheated to a minimum of 150"F as measured by an 18 AWG thermocouple
embedded in cement 1/8"below the floor surface of the chamber, 23-1/4"from the centerline of
the ignition burners. The furnace was then cooled to 105"F(±5"F)as measured by a
thermocouple embedded 1/8" below the floor surface of the test chamber 1 ' from the fire end.
Prior 13-minute tests with 1/4"inorganic reinforced cement board provided the zero reference for
flame spread. Periodic 10-minute tests with unfinished select grade red oak flooring provided for
the 100 reference for flame spread and smoke developed as noted in Section Ill.
wr/eP s/2004
HARDWOOD PLYWOOD&VENEER ASSOCIATION LABORATORY AND TESTING SERVICE
PV8
1825 Miclutel Faraday Drive,Reston,VA 20190 703-435-2900 FAX 703-435-2537
TEST NUMBER T-12746 Page 3 of 7 DATE OF TEST 8/21/2008
A. Flame Spread
The flame spread distance is observed and recorded at least every 15 seconds or every
2 feet of progression. The peak distance is noted at the time of occurrence. The flame spread
distance is plotted over time. The total area under the flame spread distance-time curve is
determined,flame front recessions are ignored. The flame spread is then calculated as a
function of the area under the curve relative to the standard red oak curve area. The value for
flame spread classification for the tested material may be compared with that of inorganic
reinforced cement board and select grade red oak flooring.
B. Smoke Developed
The smoke developed during the test is determined by the reduction in output of a
photoelectric cell. A light beam vertically orientated across the furnace outlet duct is attenuated
by the smoke passing through the duct. The output of the photoelectric cell is related to the
obscuration of the light source through the duct caused by the smoke. A curve is developed by
plotting photoelectric cell output against time. The value of smoke developed is derived by
calculating the net area under the curve for the test material and comparing this area with the
net area under the curve for unfinished select grade 23/32" red oak flooring,
V. FLAME SPREAD AND SMOKE DEVELOPED ROUNDING PROCEDURES
Single test calculated flame spread and smoke developed values are rounded to the nearest
multiple of 5 and reported as the Flame Spread or Smoke Developed Index. Actual test values
are available on request.
For multiple tests,the individual calculated flame spread and smoke developed values are
recorded, averaged, and the results rounded to the nearest multiple of 5. The averaged,
rounded number is reported as the Flame Spread or Smoke Developed Index.
Vt. PREPARATION AND CONDITIONING OF TEST SAMPLES
Three or four sections are generally used in the preparation of a complete test specimen which
is 20-1/2"wide and 24'long, Materials 8in length may be tested by using three sections 20-1/2"
wide by 8' long for a total specimen length of 24'. A 14" length of uncoated 16 gauge steel sheet
is used to make up the remainder of the test specimen; it is placed at the fire end of the test
chamber. Prior to testing, three 8' long sections of 1/4" inorganic reinforced cement board are
placed on the back side of the specimens to protect the furnace lid assembly. Test specimens
are conditioned at a controlled temperature of 73.4°F(±5°F)and a controlled relative humidity of
50 t 5 percent.
TIBP 6/2004
HARDWOOD PLYWOOD&VENEER ASSOCIATION LABORATORY AND TESTINGSERVICE
(Ipw�l
1825 Michael Faraday Drive,Reston,VA 20 190 703-435-2900 FAX 70.3435-2537
TES GVf 7-T.. ��. ..�.. age 4 o -OF TIE 9 78/21/2008
VII: MATERIAL TESTED
1) Manufacturer: FabriTrak Systems Inc.
Cranbury NJ
2) Burn dumber; 1
3) Average Thickness(in.): 1,108
4) Average Weight (lbs./sq.ft.): 2.755
5) Average Groove Depth (in.).-
6) Product Description: 1=abrl Trak0 Site Applied Udall Panel
Size: 1/2" Frameworks and Mid Seam; Core 1/2° 5 PCF Fiberglass
Board; Fabric: FR701 Fabric; Substrate: Mounted on 5/ " Type
Gypsum Board.
7) Color: Grey
8) Surface: Face Side Exposed
0) Sample Selection: Manufacturer
10) Date of Selection: 8/4/2008
11) Material Description By: Manufacturer
12) Method of Mounting: Self-Supporting "See Remarks
13) Sample Conditioning: 17
VIII: TEST CONDITIONS AND DATA
1) .Specimen Preheat Time (min.) 2:00
2) Tunnel Frick Temp (deg. F): 105
3) Ignition Time (seconds): 12
4) Time to End of Tunnel
or Flamefront Distance: 3.5' @ 1:1
5)Time-Distance Curve Area
(min.dit.): 33.4
6) Fuel and Temperature
a) Fuel (cu.ft./min,): 4.881
b) Max. Vent End Temp. (deg.F): 531
c) Time to Max. Temp (min.): 7:33
7)After Flaming. No
0;�� HARDWOOD PLYWOOD&VENEER ASSOCIATION LABORATORY AND TESTING SERVICE
It 1325 Michael Faraday Drive,Resio a,VA.20190 703-4355-2900 FAX 703-435-2537
TEST NUMBER T-12746 Page 5 of 7 DATE OF TEST 8/21/2008
IX: TEST RESULTS
Test results calculated on the basis of the area,under the curves of flame spread distance and
smoke developed versus time are provided in the table below for calibration materials and for:
Fabri Trak(D Site Applied Wall Panels
Material Description Flame Spread Smoke Developed
Index Index
High density Inorganic Reinforced Cement Board 0 5
Red Oak Flooring 150 100
T-12746 15 120
Observations-
Consumed the fabric to 1 g° and the center track to 8'.
Remarks:
*The panels were mounted to 5/8" gypsum board and included a longitudinal mid seam following
ASTIVI E 2573-07 Standard Practice for Specimen Preparation and Mounting of Site-Fabricated
Stretch Systems to Assess Surface Burning Characteristics.
Conclusions;
Fleets Class A, Flame Spread Index 25 or less and Smoke developed Index 450 or less.
REPORT PREPARED*BY: REPORT REVIEWED BY:
Thomas Wilson Brian Sause
Manager of Fire Testing and Field Inspections Director of Testing, Certification, and Standards
Conformance to the test standard is verified by a registered professional engineer.This Is a factual report of the results obtained from
laboratory tests of sample products.The results may be applied only to the products tested and should not be construed as applicable
to other similar products of the manufacturer.The HPVA does not verify the description of materials and products when the description
Is provided by the client.The report is not a recommendation or a disapprobation by the Hardwood Plywood and Veneer Association of
the material or product tested.While this report may be used for obtaining product acceptance:it may not be used in advertising.
«,wyow ww:w � HAIZI?'1VOOD PLYWOOD VENEER ASSOCIATION LABORATORY AND TESTING SERVICE
` PV8 1325 Michael Faraday Drive,Reston,VA 20190 703-435-2900 FAX 703.435-2.5�37
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.� 1825 Michael Faraday Drive,Reston,VA 20190 703--435-2900 FAX 703435-2537
TEST NUMBER T-12746 Page 7 of 7 GATE OF TEST 8/21/2008
LABORATORY ACCREDITATION
HPVA is a recognized ASTM E 34 testing laboratory by the following building code organizations under
the Council of American Building Officials Report No. NER-TL320 and ICSO Evaluation Service Report
No. T'L 224.
International Conference of wilding Officials
Building Officials and Code Administrators, International
Southern Building Code Congress International, Inc.
HPVA FLAME SPREAD PROPERTY VERIFICATION PROGRAM
The Hardwood Plywood &Veneer Association provides a product property verification program for
flame spread properties. This program is based on the selection and testing of panels within a given
marketing line on the basis of that combination of factors that theoretically should give the highest
flame spread values. Such factors as panel thickness, specific gravity, color of stain, type of
lamination„ surface texture, and product mix are taken into consideration in the selection of flame
spread samples.
While It is standard procedure to include smoke developed values in test reports„ the HPVA label
identifies only the flame spread class.
The HPVA Zabel is evidence that the marketing line has been tested and inspected in accordance with
the HPVA Flame Spread Inspection and Verification Program Procedures.
The HPVA label displayed below indicates conformance of the tested samples to the Type It glue bond
requirements as set forth in ANSI/HPVA HP-1-2004 Standard For Hardwood And Decorative Plywood,
and conformance to Flame Spread Class C(200 or less)as determined by the test procedures
described in ASTM E 84. Depending on the type of product, the label may also include other
information such as structural and formaldehyde emission ratings.
HARDWOOD PLYWOOD _VENEER ASSOCIATION
BOND LINE �� oqo AND v� � FLAME SPREAD
TYPE II ,, 200 CAR LESS
ANSI/HPVA CLASS C
H P-1-2004 hPV8 ASTM E 84
SIMULATED
DECORATIVE
MILL 00 FINISH ON
SPECIALTY GRADE PLYWOOD
T/BP;6r2014
Report Can
Surface Burning Characteristics
Determined By
ASTM E 34 Twenty-Fiore Fact
Tunnel Furnace Test Method
PREPARED FOR:
FabriTrak Systems Inc
Cranbury, NJ
TEST NUMBER T-12903
MATERIAL TESTED.
FabriTral Cg Site Applied Wall Panel with Mid Seam
DATE OF ISSUE 11/24/2008
Page 1 of 7
TEST NUMBER T-12903 rage 2 of 7 MATE OF TEST 11/24/2008
1. SCOPE
This report contains the reference to the test method, purpose, test procedure" rounding
procedures, preparation and conditioning of specimens, description of materiais„ test and post
test observation data, and test results.
II. TEST METHOD
The test was conducted in accordance with ASTM E 84, "Standard Test Method for Surface
Burning Characteristics of Building Materials." The 25-foot tunnel method is also described by
ICI=PA 255 and UL 723.
W. . PURPOSE
The purpose of the test is to determine the relative performance of the test material under
standardized fire exposure. results are given for Flame Spread and Smoke Developed Index.
The values obtained from burning the test material represent a comparison with that of 1/4"
inorganic reinforced cement board expressed as zero and red oak flooring expressed as 100..
The flame spread results of 25-foot tunnel tests are frequently used by building code officials
and regulatory agencies in the acceptance of interior finish material for various applications.
The most widely accepted classification system is epitomized by the National Fire Protection
Association Life Safety Code, NFPA 101:
Class A* 0-25 flame spread 0-450 smoke developed
Class B* 25- 75 flame spread 0,450 smoke developed
Class C* 76 -200 flame spread 0-450 smoke developed
*Class A, B and C correspond to I, II and III, respectively„ in other codes such as UBC
and BOCA.
This flame spread classification system is based on the premise that the higher the flame spread
numbers, the greater the fire spread potential. The actual relationship between the numbers
developed under this test and life safety from fire has not been adequately established.
IV. TEST PROCEDURE NOTES
The furnace was preheated to a minimum of 150"F as measured by an 18 AWC thermocouple
embedded in cement 1/8"below the floor surface of the chamber, 23-1/4"from the centerline of
the ignition burners. The furnace was then cooled to 105OF(±5°F)as measured by a
thermocouple embedded 1/8" below the floor surface of the test chamber 1 ' from the fire end.
Prior 10-minute tests with 1/4" inorganic reinforced cement board provided the zero reference for
flame spread. Periodic 10-minute tests with unfinished select grade red oak flooring provided for
the 100 reference for flame spread and smoke developed as noted in Section III.
'T/BP:6/2004
TEST NUMBER T-12903 Page 3 of 7 DATE OF TEST 11124/2008
A. Flame Spread
The flame spread distance is observed and recorded at least every 15 seconds or every
2 feet of progression. The pear distance is noted at the time of occurrence. The flame spread
distance is plotted over time, The total area; under the flame spread distance-time curve is
determined; flame front recessions are ignored. The flame spread is then calculated as a
function of the area under the curve relative to the standard red oak curve area. The value for
flame spread classification for the tested material may be compared with that of inorganic
reinforced cement board and select grade red oak flooring.
S. Smoke Developed
The smoke developed during the test is determined by the reduction in output of a
photoelectric cell. A light beam vertically orientated across the furnace outlet duct is attenuated
by the smoke passing through the duct. The output of the photoelectric cell is related to the
obscuration of the light source through the duct caused by the smoke. A curve is developed by
plotting photoelectric cell output against time. The value of smoke developed is derived by
calculating the net area under the curve for the test material and comparing this area with the
net area under the curve for unfinished select grade 23/32" red oak flooring.
V. FLAME SPREAD AND SMOKE DEVELOPED ROUNDING PROCEDURES
Single test calculated flame spread and smoke developed values are rounded to the nearest
multiple of 5 and reported as the Flame Spread or Smoke Developed Index. Actual test values
are available on request.
For multiple tests, the individual calculated flame spread and smoke developed values are
recorded, averaged, and the results rounded to the nearest multiple of 5. The averaged,
rounded number is reported as the Flame Spread or Smoke Developed Index.
Vt. PREPARATION AND CONDITIONING OF TEST SAMPLES
Three or four sections are generally used in the preparation of a complete test specimen which
is 20-1/2"wide and 24' long. Materials 3' in length may be tested by using three sections 20-1/2"
wide by 3' long for a total specimen length of 24'. A 14" length of uncoated 16 gauge steel sheet
is used to make up the remainder of the test specimen; it is placed at the fire end of the test
chamber. Prior to testing, three S' long sections of 1/4" inorganic reinforced cement board are
placed on the back side of the specimens to protect the furnace lid assembly. Test specimens
are conditioned at a controlled temperature of 73.4°F(±5°F)and a controlled relative humidity of
50±5 percent.
TEST NUMBER T-12903 Page 4 of 7 DATE OF TEST 11/24/2008
VII: MATERIAL TESTED
1) Manufacturer: FabriTrak Systems Inc.
Cranbury NJ
2) Burn Dumber: 1
3) Average Thickness(in.): 1.690
4) Average eight(Ibs./sq.ft.): 3.077
) Average Groove Depth (in.):
6) Product Description: FabriTrak@ Site Applied Wall Panel with Mid Seem
Size: 1"° PVC Frameworks with Mid Seam; Core:1 " 6 PCF Fiberglass
Board ; Fabric: FP, 701; Mounted to 5/8" Type X Gypsum Board.
7) Color: Grey
8) Surface: Face Side Exposed
9) Sample Selection: Manufacturer
10) Date of Selection: 11/19/2008
11) Material Description By: Manufacturer
12) Method of Mounting: Self-Supporting
13) Sample Conditioning; 5
Vlll: TEST CONDITIONS AND DATA
1) Specimen Preheat Time (min.) 2:00
2) Tunnel Brick Temp (deg. F)w 100
3) Ignition Time (seconds): 12
4) Time to End of Tunnel
or Flamefront Distance: 3' @ 1:00
5)Time-Distance Curve Area
(min./ft.): 28.9
6) Fuel and Temperature
a) Fuel (cu.ft./min_): 4.859
b) Max. Vent End Temp. (deg.F). 607
c)Time to Max. Temp (min.): 9:29
7)After Flaming: No
TEST NUMBER T-12003 Page 5 of 7 DATE OF TEST 11/24/2008
IX: TEST RESULTS
Test results calculated on the basis of the area under the curves of flame spread distance and
smoke developed versus time are provided in the table below for calibration materials and for:
Fabr!TrakO Site Applied Wall Panel with Mid Seam
Material Description Flame Spread Smoke Developed
Index Index
High Density Inorganic Reinforced Cement Board 0 0
Red Oak Flooring 100 100
T-12003 15 14
Observations.-
Melting, dripping„ flaming droplets falling to burn on the tunnel floor.
Remarks
The panels were mounted to 5/8"° Type X gypsum Board and included a longitudinal midseam
following ASTM E 2573-07 standard practice for specimen preparation and mounting of site-
fabricated stretch systems to assess surface burning characteristics.
Conclusions:
Meets Class A, dame Spread Index 25 or less and Smoke Developed Index 450 or less.
REPORT PREPARES Y REPORT REVIEWED BY:
Thomas Wilson Andrew Perkinson
Manager of Fire Testing and Field Inspections Fire Technologist
Conformance to the test.standard is verified by a registered professional engineer.This is a factual report of the results obtained from
laboratory tests of sample products.The results may be applied only to the products tested and should not be construed as applicable
to other similar products of the manufacturer.The HPVA does not verify the description of materials and products when the description
is provided by the client.The report is not a recommendation or a disapprobation by the Hardwood Plywood and Veneer Association of
the material or product tested.While this report may be used for obtaining product acceptance;it may not be used in advertising.
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TEST NUMBER T-12903 Page 7 of 7 DATE OF TEST 11/24/2008
LABORATORY ACCREDITATION
HPVA is a recognized ASTM E 34 testing laboratory by the following building code organizations under
the Council of American Building Officials Deport No. k EI -TL329 and ICBO Evaluation Service Report
No. TL 224.
International Conference of Building Officials
Building Officials and Code Administrators, International
Southern Building Code Congress International, Inc,
HPVA FLAME SPREAD PROPERTY VERIFICATION PROGRAM
The Hardwood Plywood &Veneer Association provides a product property verification program for
flame spread properties. This program is based on the selection and testing of panels within a given
marketing line on the basis of that combination of factors that theoretically should give the highest
flame spread values. Such factors as panel thickness,specific gravity, color of stain, type of
lamination, surface texture, and product mix are taken Into consideration in the selection of flame
spread samples.
While it is standard procedure to include smoke developed values in test reports, the HPVA label
identifies only the flame spread class.
The HPVA label is evidence that the marketing line has been tested and inspected in accordance with
the HPVA Flame Spread Inspection and Verification Program Procedures.
The HPVA label displayed below indicates conformance of the tested samples to the Type 11 glue bond
requirements as set forth in ANSIJHPVA HP-1-2004 Standard For Hardwood And Decorative Plywood, r
and conformance to Flame Spread Class C(200 or less)as determined by the test procedures
described in ASTM E 844. Depending on the type of product, the label may also include other
information such as structural and formaldehyde emission ratings.
HARDWOOD PLYWOOD -VENEER ASSOCIATION
BOND LINE ��������; FLAME SPREAD
TYPE CC ,, 200 CAR LESS
ANSI/HPVA CLASS C
cl
HP-1— 004 3
hiv ASTM E 84
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DECORATIVE
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SPECIALTY GRADE PLYWOOD
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