08/21/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: August 21, 2024
TO: Cary Vick, Interim Director
Project Management
Suzi Rubio
Senior Project Manager—Administration
FROM: Liz Yongue, Deputy Clerk
SUBJECT: August 21, 2024 BOCC Meeting
The following item has been executed and added to the record:
C13 Agreement with Rep Services, Inc. in the amount of$264,498.00 for the Clarence
S. Higgs Beach Beachside Playground Equipment Hurricane Ian Repair. This project is part of
the Hurricane Ian recovery effort.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the August 21, 2024
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Rep Services, Inc.
165 W. Jessup Ave.
Longwood, FL 32750-4146
For the following Project: Clarence S. Higgs Beach Beachside Playground Hurricane
Ian Repair
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Documents and Specifications. The Contractor is required to provide a complete job as contemplated
by the documents and specifications, which are a part of this Agreement. The Contractor shall furnish
all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of
construction necessary or proper for performing and completing the Scope of Work, unless otherwise
specifically stated.
Work shall include demolition and proper disposal of existing Hurricane Ian damaged playground
equipment, removal and reuse of recently replaced warranty equipment where applicable, and
installation of replacement equipment.
Scope of work shall include the following:
1. The Contractor shall obtain all necessary permits, including any fees as a part of the bid.
2. The Contractor shall provide labor, equipment, and all of the needed materials and hardware to
complete the project and properly dispose of debris, see General Conditions.
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3. The Contractor shall provide storage containers for material, as needed.
4. The Contractor shall provide necessary waste disposal and daily clean up.
5. If any type of fill is used, the Contractor must provide the name, address, and permit information
for the source(s) of the fill material utilized. The Contractor must also note if the fill was
maintained from a commercial source, regularly maintained stockpile, or borrowed pit. If borrow
pits or stockpiles were utilized, verification must be provided that they were not expanded
horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide
the County with the length, width, and depth of the area that is dug up. If the area is a circle,
then the diameter and depth of the hole shall be provided. The County must also be notified if
the hole is outside of the existing footprint, and any vegetation removal and how it was placed
back. Final payment is contingent upon compliance with these provisions
6. The Contractor shall provide adequate security to protect delivered products from theft,
vandalism, or damage during the installation.
7. Installation shall commence upon delivery and proceed without interruption until complete.
8. The Contractor shall also coordinate and cooperate with State or Federal Agencies and sea
turtle conservation groups during turtle nesting season,which is usually April 15 through October
31 of every year, and when Save-a-Turtle representatives and/or Certified Turtle Inspectors, are
walking the beaches. It is important that the Contractor understand these environmental
regulations. The Contractor will abide by all local, state, and federal regulations and statutes
governing the protection of natural and cultural resources. The Contractor is liable for a violation
of these regulations or statutes.
Contractor Responsibilities:
A) The Contractor shall coordinate all activities with the Monroe County Project Management
Department contact: Suzi Rubio at 305-393-6277
B) The Contractor is required to provide protection for all existing surfaces including, but not
limited to:
i. Existing fencing to remain
ii. Existing windsails and existing playground equipment that will remain
iii. Vehicles and Personal Property
iv. Landscaping
C) The Contractor shall ensure that all non-exempt employees for this effort are compensated
in accordance with all State and Local Laws.
D) The Contractor shall load, haul, and properly dispose of all construction debris and materials.
Disposal tickets shall be submitted to the County Project Manager for submission to FEMA.
If not included on the disposal ticket, the Contractor must also provide the name of the
Deposit site, the ID Number of deposit site, and Permits relating to deposit location. If any
type of fill is used, the Contractor must provide the name, address, and permit information
for the source(s) of the fill material utilized. The Contractor must also note if the fill was
maintained from a commercial source, regularly maintained stockpile, or borrowed pit. If
borrow pits or stockpiles were utilized, verification must be provided that they were not
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expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor
shall provide the County with the length, width, and depth of the area that is dug up. If the
area is a circle, then the diameter and depth of the hole shall be provided. The County must
also be notified if the hole is outside of the existing footprint, and any vegetation removal
and how it was placed back. Final payment is contingent upon compliance with these
provisions
E) The Contractor shall provide and maintain appropriate (OSHA required) construction
warning signs and barriers.
F) The Contractor shall furnish all required work site safety equipment.
G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all
materials used in the construction.
H) Construction work times shall be limited to:
Times specified by Monroe County Project Management
I) All materials must be approved by submittal prior to commencement of work.
J) The Contractor needs to be aware of weather and location and plan accordingly.
K) The Contractor needs to be aware of the facility, its residents, and staff with unusual
schedules and plan accordingly.
L) The Contractor shall provide a safety lift plan for any crane/hoist work.
M) If applicable, Contractor shall provide paper or electronic copies of all original device
specifications, warranties, maintenance schedules, shop drawings, permits, repair and
maintenance contacts, and any other information necessary for the proper function and
maintenance of the equipment.
N) The Contractor shall provide a schedule for all phases of the project.
O) The Contractor shall coordinate all activities with concurrent site work being performed, if
any.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents,Addenda
issued prior to execution of this Agreement, together with all required insurance documentation,
and Modifications issued after execution of this Agreement. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract
Documents, other than Modifications, appears in Article 10. In the event of a discrepancy
between the documents, precedence shall be determined by the order of the documents as just
listed.
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ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than Two-
Hundred, Forty (240) calendar days after the date of commencement or issuance of a Notice
to Proceed. The time or times stipulated in the contract for completion of the work of the contract
or of specified phases of the contract shall be the calendar date or dates listed in the milestone
schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control,without such Party's fault or negligence
and that by its nature could not have been foreseen by such Party or, if it could have been
foreseen, was unavoidable: (a) acts of God; (b)flood, fire, earthquake, explosion, tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion,
hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in
the geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f)
action by any governmental authority prohibiting work in the geographic area of the Project;
(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in
cost or availability of materials, components, or services, market conditions, or supplier actions
or contract disputes will not excuse performance by Contractor under this Section. Contractor
shall give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of
such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance
are minimized and resume full performance under this Agreement. The County will not pay
additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek
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additional time at no cost to the County as the Owner's Representative may determine. The
Contractor may only seek a no cost Change Order for such reasonable time as the Owner's
Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract the Contract Sum of Two Hundred, Sixty-Four Thousand, Four Hundred, Ninety-
Eight and 00/100 Dollars ($264,498.00), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project
Management, and upon approval for payment issued by the Director of Project Management
and Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month ending on
the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in
accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida
Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with
supporting documentation that are acceptable to the Monroe County Office of Clerk and
Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted
accounting principles and such laws, rules and regulations as may govern the disbursal of funds
by the County Clerk. The Owner is exempt from sales and use taxes.A copy of the tax exemption
certificate will be provided by the Owner upon request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the
Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate
the entire Contract Sum among the various portions of the Work and be prepared in such form
and supported by such data to substantiate its accuracy as the Director of Project Management
may require. This schedule, unless objected to by the Director of Project Management, shall be
used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work
as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total
Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of
five percent (5%). Pending final determination of cost to the Owner of changes in the Work,
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amounts not in dispute may be included in Applications for Payment. The amount of credit to be
allowed by the Contractor to the Owner for a deletion or change which results in a net decrease
in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented
Costs incurred prior to the change Request, as indicated in the corresponding line item in the
Approved Schedule of Values for that line item as confirmed by the Director of Project
Management. When both additions and credits covering related Work or substitutions are
involved in a change, the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered
and suitably stored at the site for subsequent incorporation in the completed construction (or, if
approved in advance by the Owner, suitably stored off the site at a location agreed upon in
writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified
a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments
to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent
(150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of
the General Conditions as the Owner recommends and determines for incomplete Work and
unsettled claims, including the assessment of liquidated damages; and
5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the
Contractor the remaining Contract Sum that includes all retainages previously withheld by the
Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the
incomplete Work (i.e., "punch" list items).
5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has
been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work
as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,
which necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more than twenty
(20) days after the issuance of the final approval for payment. The following documents (Samples in
Section 01027, Application for Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
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(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but not limited
to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document, the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and
Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the
General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract
is contingent upon an annual appropriation by the Board of County Commissioners. In the event
that the County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated, and the County has no further obligation under the terms of this Agreement to the
Contractor beyond that already incurred by the termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
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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, Florida Statutes for CATEGORY TWO for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.33, if applicable,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for seven
(7) years following the termination of this Agreement.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as well
as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge logs
and supporting documentation; general ledger entries detailing cash and trade discounts
earned, insurance rebates and dividends; any other supporting evidence deemed
necessary by Owner or by the Monroe County Office of the Clerk of Court and
Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related to
this Agreement, and all other agreements, sources of information and matters that may
in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to
any matters, rights, duties or obligations under or covered by any contract document (all
foregoing hereinafter referred to as "Records") shall be open to inspection and subject
to audit and/or reproduction by Owner's representative and/or agents of Owner or the
County Clerk. Owner or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees, Subcontractors,
suppliers, and contractors' representatives. All records shall be kept for ten (10) years
after Final Completion of the Project. The County Clerk possesses the independent
authority to conduct an audit of records, assets, and activities relating to this Project. If
an auditor employed by the County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the
monies together with interest calculated pursuant to Section 55.03, Florida Statutes,
running from the date the monies were paid to Contractor. The Right to Audit provisions
survive the termination or expiration of this Agreement.
b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
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made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue shall lie in the appropriate court
or before the appropriate administrative body in Monroe County, Florida. The Parties
waive their rights to trial by jury. The County and Contractor agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any
cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and court costs as an award against the non-
prevailing party and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample
opportunity to submit this Contract to legal counsel of its choice and enters into this
agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement. Any conditions imposed as a result of the funding that affect the
Project will be provided to each party.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not
subject to arbitration. This provision does not negate or waive the provisions of Section
7.4, Section 7.6 or Article 8 concerning termination or cancellation.
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i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. The County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. The parties agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-
352), which prohibit discrimination in employment on the basis of race, color, religion,
sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC§ 794), which
prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975,
as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating
to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color,
sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) Any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as
follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
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rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer,
or is consistent with the contractor's legal duty to furnish information.
4. The Contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice
to be provided, advising the said labor union or workers' representative of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
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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.
k) Covenant of No Interest. The County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. The County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. The Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any former
County officer or employee in violation of Section 2-149, Monroe County Code of
Ordinances or any County officer or employee in violation of Section 2-150, Monroe
County Code of Ordinances. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer or
employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances.
o) Public Records Compliance. 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
Page 12 of 54
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract,transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant 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.
Page 13 of 54
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-
3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions
from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
r) Legal Obligations and Responsibilities. This Agreement is not intended to relieve, nor
shall it be construed as relieving, any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility.
s) Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to
authorize, nor shall it be construed as authorizing, the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms,
or any of them, of this Agreement to enforce or attempt to enforce any third-party claim
or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
u) Attestations. The 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, Non-Collusion Statement and a Drug-Free Workplace Statement.
Page 14 of 54
v) No Personal Liability. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
w) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)
any activity of Contractor or any of its employees, agents, contractors or other invitees
during the term of this Agreement, (B) the negligence or recklessness, intentional
wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its
employees, agents, sub-contractors or other invitees, or (C) Contractor's default in
respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims, actions, causes of action, litigation, proceedings, costs
or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). The
monetary limitation of liability under this contract shall be equal to the dollar value of the
contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida
Statutes. The limits of liability shall be as set forth in the insurance requirements included
in this Agreement. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay. Should any claims be asserted against the County
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
Contractor, the Contractor agrees and warrants that the Contractor shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
Page 15 of 54
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Agency,the State of Florida, Department of Emergency Management, 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 State of Florida and
the (County) Agency's sovereign immunity.
y) 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.
z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
County funds under this agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The County and its Contractor agree
to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable
federal and state laws and regulations to ensure that DBE's have the opportunity to
compete and perform contracts. The County and Contractor and subcontractors shall
not discriminate on the basis of race, color, national origin, or sex in award and
performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the Contractor,with the funds authorized by this Agreement, seeks to subcontract
goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever 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
business enterprises;
Page 16 of 54
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with its subcontractors shall include the COUNTY as additional insured.
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be
construed so as to find the Contractor or any of its employees, subcontractors, servants,
or agents to be employees of the Board of County Commissioners of Monroe County.
cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize
the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the subcontractor during the Contract term. Any subcontractor shall provide an
affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of Section 448.095, Florida Statutes.
dd) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral
or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Agreement shall be in writing, approved by
the Board of County Commissioners, and signed by both parties before it becomes
effective.
ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United
States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of
delivery. The place of giving Notice shall remain the same as set forth herein until changed in
writing in the manner provided in this paragraph. Notice is deemed received by Contractor when
hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or
upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following
persons:
Page 17 of 54
For Contractor: Rep Services, Inc.
165 West Jessup Avenue
Longwood, Florida 32750-4146
For Owner: Director of Project Management Assistant County Administrator,
1100 Simonton St., Room 2-216 PW& E
Key West, Florida 33040 1100 Simonton St.
Key West, Florida 33040
County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in
2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended,
including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes Emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must comply with
the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If applicable,
the County must place a current prevailing wage determination issued by the Department of
Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a part
hereof. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit
Security Grant Program (it does not apply to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program), the contractors, in contracts for
construction or repair work above$2,000 in situations where the Davis-Bacon also applies, must
also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by
Page 18 of 54
any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The County must
report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and
the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as provided
in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees engaged
in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the
preceding weekly payroll period. The report shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building or work.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that
no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
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
Page 19 of 54
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 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)
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387, as amended). CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q), as
Page 20 of 54
amended and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387)
and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the
Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts
and subgrants of amounts in excess of $150,000. The contractor agrees to include these
requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation
to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation
as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional
Office.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a
"covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part
1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and
Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000
(Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can
be accessed at w sa"irm„, go"y. 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.
7.8.6 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 award
exceeds $100,000, the certification, attached hereto as Exhibit "B" and made a part hereof,
must be signed and submitted by the Contractor to the County.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322.
CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended,
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by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines. . In the performance of
this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA-designated items unless the product cannot be acquired —
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines website,
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The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment as set
forth in 2 CFR�200.216. Recipients and subrecipients and their contractors and subcontractors
may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew
a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract)
to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-
232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or
any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director 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.
Page 22 of 54
7.8.9 Domestic Preference for Procurements as set forth in 2 CFR �200.322 The COUNTY and
CONTRACTOR should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products).
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.
Other Federal and FEMA Requirements (as applicable)
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply
with all the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security (DHS) and the Federal Emergency Management Agency's
(FEMA) access to records, accounts, documents, information, facilities, and staff.
Contractors/Consultants must: (1) Cooperate with any compliance review or complaint
investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program guidance; and
(3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports.
7.8.12 Construction Debris and Materials. The Contractor shall load, haul, and properly dispose of all
construction debris and materials. Disposal tickets shall be submitted to the County Project
Manager for submission to FEMA. If not included on the disposal ticket, the Contractor must
also provide the name of the Deposit site, the ID Number of deposit site, and Permits relating to
deposit location. If any type of fill is used, the Contractor must provide the name, address, and
permit information for the source(s) of the fill material utilized. The Contractor must also note if
the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If
borrow pits or stockpiles were utilized, verification must be provided that they were not expanded
horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide
the County with the length, width, and depth of the area that is dug up. If the area is a circle,
then the diameter and depth of the hole shall be provided. The County must also be notified if
the hole is outside of the existing footprint, whether there was any vegetation removal and, if so,
how it was placed back. Final payment is contingent upon compliance with these provisions.
7.8.13 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security
seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific
Page 23 of 54
FEMA pre-approval. The Contractor shall include this provision in any subcontracts.
7.8.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within
the scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change order
or constructive change must be approved in writing by both the County and Contractor.
7.8.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement
that FEMA financial assistance may be used to fund all or a portion of the contract. The
Contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
7.8.16 No Obligation by Federal Government. The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor,
or any other party pertaining to any matter resulting from the contract.
7.8.17 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
7.8.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
7.8.19 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the
Contractor will be bound by the terms and conditions of the Federally Funded Sub-award and
Grant Agreement between County and the Florida Division of Emergency Management
(Division) found at the following link on the Monroe County web
page: ht t�,s .i,r,°,i ,,n,ir, , ,k,, �unt,, . III.q,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,, , ,,,,,, ,,,,,,,,,,,,, 6 3 Monroe C0yq t ,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,r en,,�,,,
7.8.20 The Contractor shall hold the Division and County harmless against all claims of whatever nature
arising out of the Contractor's performance of work under this Agreement, to the extent allowed
and required by law.
7.8.21 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 the Federally Funded
Sub-award and Grant Agreement between County and the Florida Division of Emergency
Management (Division). 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.
Page 24 of 54
ARTICLE 8
Insurance
8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all
times that this Agreement is in effect. In the event 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.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI
or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty
(60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the County and shall be in a form acceptable to the
County.
8.3 Contractor shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Chapter 440, Florida Statutes.
B. Employers' Liability Insurance with limits of $500,000 per Accident, $500,000 Disease,
policy limits, $500,000 Disease each employee.
C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non-
owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000
Property Damage or $300,000 combined single limit.
D. Commercial General Liability Insurance, including Personal Injury Liability, covering
claims for injuries to members of the public or damage to property of others arising out
of any covered act or omission of the Contractor or any of its employees, agents or
subcontractors, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with $1,000,000 Combined Single Limit
E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition,the period for which claims may be reported
must extend for a minimum of 48 months following the termination or expiration of this
contract.
F. County shall be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverages identified in Paragraphs C and D.
G. Contractor shall require its subcontractors to be adequately insured at least to the limits
prescribed above, and to any increased limits of Contractor, if so required by County
during the term of this Agreement. County will not pay for increased limits of insurance
for subcontractors.
Page 25 of 54
H. Contractor shall provide to the County certificates of insurance or a copy of all insurance
policies including those naming the County as an additional insured. The County
reserves the right to require a certified copy of such policies upon request.
I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
ARTICLE 9
Termination or Suspension
9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five (5) calendar days' written
notification to the Contractor.
9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party
sixty (60) days' written notice of its intention to do so.
9.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County
retains the right to terminate this Agreement. The County may also terminate this Agreement
for cause with Contractor should Contractor fail to perform the covenants herein contained at
the time and in the manner herein provided. In the event of such termination, prior to termination,
the County shall provide Contractor with seventy-two (72) hours' written notice and provide the
Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the County terminates this Agreement with the
Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior
to termination, unless 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.
9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at
any time, upon thirty (30) days' written notice to Contractor. If the County terminates this
Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under
this Agreement prior to termination, unless the cost of completion to the County exceeds the
funds remaining in the contract. The maximum amount due to Contractor shall not exceed the
spending cap in this Agreement.
9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on
the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Page 26 of 54
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
9.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the
Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been
engaged in business operations in Cuba or Syria, the County shall have the option of (1)
terminating the Agreement after it has given the Contractor/Consultant written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant
to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
ARTICLE 10
Enumeration of Contract Documents
10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows: N/A
10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing
this Agreement, the Undersigned has read and accepts the terms and conditions set forth by
the Monroe County General Requirements for Construction, found at the following link on the
Monroe County webpage:
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,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........................
10.1.3 The Supplementary and other Conditions of the Contract are those contained in Exhibit C —
Contractor Proposal.
10.1.4 The Addenda, if any, are as follows: N/A
This Agreement is entered into as of the day and year first written above and is executed in at least one
(1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 27 of 54
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
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CONTRACTOR'S Witnesses Attest: CONTRACTOR: REP S VICES,INC.
Contractor m.5u: t provide two witnesses
Signatures Signature: . :, ;
Signature:
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'-7 � 20. before me, the undersigned nota ubli ...:
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means of[physical presence or D online, personally appeared Bill Geary
(name of affiant) known to me to be the person whose name is subscribed above or who
rduced 'L v �tcs identification, and acknowledged that he/she is the
p� o .. . ckn
identification, . ' . . gperson who
executed :the above contract with Monroe County for Clarence B. Higgs' Beach Beachside
Playground (Hurricane t n Repair for fie purposes therein contained.
Notary Public _,./c.,--/
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Page 28 of 54
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 29 of 54
EXHIBIT A
Department of Labor Wage Determination
Exhibit A Page 30 of 54
"General Decision Number : FL20240022 07/12/2024
Superseded General Decision Number : FL20230022
State : Florida
Construction Type : Building
County: Monroe County in Florida .
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories) .
Note : Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658 .
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5 . 1 (a) (1) .
lIf the contract is entered 1 . Executive Order 14026 1
linto on or after January 30, 1 generally applies to the 1
12022 , or the contract is 1 contract . 1
lrenewed or extended (e . g . , an 1 . The contractor must pay 1
loption is exercised) on or 1 all covered workers at 1
lafter January 30 , 2022 : 1 least $17 . 20 per hour (or 1
I the applicable wage rate 1
I listed on this wage 1
I determination, if it is 1
higher) for all hours 1
I spent performing on the 1
I contract in 2024 . 1
I I I
lIf the contract was awarded onl . Executive Order 13658 1
for between January 1 , 2015 andl generally applies to the 1
1January 29, 2022 , and the I contract . 1
lcontract is not renewed or 1 . The contractor must pay alll
Exhibit A Page 31 of 54
lextended on or after January 1 covered workers at least 1
130 , 2022 : 1 $12 . 90 per hour (or the 1
applicable wage rate listedl
on this wage determination, )
if it is higher) for all 1
hours spent performing on 1
that contract in 2024 . 1
I I I
The applicable Executive Order minimum wage rate will be
adjusted annually . If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request .
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http : //www. dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 03/15/2024
3 07/12/2024
ELEC0349-003 09/01/2023
Rates Fringes
ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 39 . 81 14 . 62
---------------------------------------------------------------
ENG10487-023 07/01/2023
Rates Fringes
OPERATOR: Crane
All Cranes 75 Tons and
below . . . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90
Exhibit A Page 32 of 54
All Cranes Over 300 Ton,
Electric Tower, Luffing
Boom Cranes . . . . . . . . . . . . . . . . . $ 40 . 40 14 . 90
Cranes 130-300 Ton . . . . . . . . . . $ 39 . 38 14 . 90
Cranes 76 ton to 129 Ton . . . . $ 37 . 57 14 . 90
---------------------------------------------------------------
IRON0272-004 10/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 27 . 75 15 . 27
---------------------------------------------------------------
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38
---------------------------------------------------------------
* SFFL0821-001 07/01/2024
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 33 . 03 23 . 11
---------------------------------------------------------------
SHEE0032-003 08/12/2023
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 29 . 10 14 . 68
---------------------------------------------------------------
* SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 ** 5 . 07
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00
Exhibit A Page 33 of 54
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00
LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 ** 0 . 00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 ** 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 ** 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 ** 3 . 61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 ** 0 . 15
---------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
---------------------------------------------------------------
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17 . 20) or 13658
($12 . 90 ) . Please see the Note at the top of the wage
determination for more information . Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
Exhibit A Page 34 of 54
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party .
Note : Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017 . If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year .
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking . Additional information
on contractor requirements and worker protections under the EO
is available at
https : //www . dol . gov/agencies/whd/government-contracts .
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5 . 5 (a) (1 ) (iii) ) .
---------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination . The classifications are listed in alphabetical
order of ""identifiers" " that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
Exhibit A Page 35 of 54
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
" "UAVG" " denotes that the union classification and rate were
prevailing for that classification in the survey. Example :
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers . 0198
indicates the local union number or district council number
where applicable, i . e . , Plumbers Local 0198 . The next number,
005 in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1 ,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate .
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in the
survey for that classification . As this weighted average rate
includes all rates reported in the survey, it may include both
union and non-union rates . Example : SULA2012-007 5/13/2014 . SU
indicates the rates are survey rates based on a weighted
average calculation of rates and are not majority rates . LA
indicates the State of Louisiana . 2012 is the year of survey on
which these classifications and rates are based. The next
number, 007 in the example, is an internal number used in
producing the wage determination . 5/13/2014 indicates the
survey completion date for the classifications and rates under
that identifier .
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Exhibit A Page 36 of 54
Classifications) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate . OH indicates the state . The next number, 0010 in
the example, is an internal number used in producing the wage
determination . 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier .
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate
that the prevailing wage rate set by a state (or local)
government was adopted under 29 C . F. R A1 . 3 (g) - (h) . Example :
SAME2023-007 01/03/2024 . SA reflects that the rates are state
adopted. ME refers to the State of Maine . 2023 is the year
during which the state completed the survey on which the listed
classifications and rates are based. The next number, 007 in
the example, is an internal number used in producing the wage
determination . 01/03/2024 reflects the date on which the
classifications and rates under the ?SA? identifier took effect
under state law in the state from which the rates were adopted.
---------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This can
be .
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
Exhibit A Page 37 of 54
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2 . ) and 3 . ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
Branch of Construction Wage Determinations
Wage and Hour Division
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to :
Wage and Hour Administrator
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party ' s position and by any information (wage
payment data, project description, area practice material,
etc . ) that the requestor considers relevant to the issue .
3 . ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to :
Administrative Review Board
Exhibit A Page 38 of 54
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final .
---------------------------------------------------------------
END OF GENERAL DECISION"
Exhibit A Page 39 of 54
EXHIBIT B
Required County Forms
Exhibit B Page 40 of 54
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Rep Services, Inc.
(Name of Business)
1. Publishes a statement notifying employees that the, unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations, of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the
commodities or contractual services that are under proposal, 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. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that h' f" co s fully with the above requirements.
ri J! , T)
Proposer's Signature
Date
STATE OF:FLORIDA
COUNTY OF:SEMINOLE
Subscribed and sworn to (or affirmed) before me, by means of ID physical presence or El online notarization, on
July 3,0, 2024 (date) by Bill Geary (name of affiant). He/She is personally J known
to-melor has produced (type of identification) as identification.
NOTARY PUBLIC
(SEAL) My commission expires:04/18/2028
DENNIS STEVE ROBERTS,Jk
Corwis,sion 9 HH 484868
Expires Apfil 19,2028
Exhibit B Page 41 of 54
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Rep Services, Inc. If
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee"'.
(Signature)
Date: July 30, 2024
STATE OF:
COUNTY OF EMINOLE
Subscribed and sworn to, (or affirmed) before me, by means of I21 physical presence or 0 online
notarization, on July 30, 2024 (date)
by Bill Geaa (name of affiant). He/Shie is,RqE§2tjq!jyn J�_q
or has produced (type of iidentification) as identification.
DENNIS STEVE ROBERTS,A PUBLIC
Cw6ssion#HH484868
Exp,kes ApN 19,2028 My commission expires:04/19/2028
Exhibit B Page 42 of 54
NON-COLLUSION AFFIDAVIT
1,Bill Geary of th'e city Longwood
according to law on my oath, and under penalty of perjury, depose and say that:
1 1 am Vice President
of the firm of Rep Services, Inc,
the proposer making the Proposal for the project described in the notice for calling for proposals
for:
Clarence S. Higgs Beach Beachside Playground Hurricane Ian Repair and
that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion, consultation,
communication or agireement for the purpose of restricting competition, as to any matter relating to
such prices with any other proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal have not
been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior
to proposal opening, directly or indirectly, to any other proposer or to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person, partnership
or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full knowledge of said
project.
0 --?,r July 30,2024
(Signature of Proposer) (Date)
STATE OF�: FLORIDA
COUNTY OF: SEMINOLE
Subscrilbed and sworn to (or affirmed) before me, by means of 0 physical presence or L1 online
notarization, on July 30, 2024 (date)
by Bill Geary (name of affiant). He/She isp r qnaLly known to me
or has produced (type of identification) as identification.
P,
NOfAkY PUBLIC
(SEAL) My commission expires:04/18/2028
JR,
DEM5 STEVE ROBERTS,
commission#HH 484668
Expires April 19,2023
Exhibit B Page 43 of 54
AFFIDAVIT ATTEs,r][NGTO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: Rep Services, Inc.
Vendor FEIN: 59-2978507
Vendor's Authorized Representative: Bill Geary, Vice President
(Nairie and Title)
Address: 165 W. Jessup Ave
city: Longwood -State: FL --zip: 32750
Phone Number:A07-831-9658 ErnailAddress: DennisArepservices.com
As a nongovernmental entity executing, rcneNving, 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:
I. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining of- threating to restrain, isolate, of- confifie any person Without lawful
authority and against her of-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 of- services as reasonably assessed is not applied toward tile
liquidation of the debt,the length and nature of the labor or set-vice 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 11 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 certit'Y under penalties of perjury that Vendor(foes 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: Bill Geary who is authorized to sign oil behallof
the above referenced coni fly.
Authorized Signature: -------
Print Name: Bill Geary
Title: Vice President
Exhibit B Page 44 of 54
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public work, may
not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list,"
I have read the above and state that neither Rep Services, Inc. (Proposer's
name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months.
(Signature)
Date: July 30, 2024
STATE OF: FLORIDA
COUNTY OF: SEMINOLE
Subscribed and sworn to (or affirmed) before me, by means of E71 physical presence or 0 online
notarization, on July 30, 2024 (date)
by Bill Geary (name of aff iant). He/She iU,eLsonaLl�y nqyv to me
or has produced (type of identification) as identification.
NOURY PUBLIC
(S� AL) My commission expires:04/18/2028
DENNIS SIEVE R01BERTS,JR
CWnis$k),#HH4UW
"o,n,P Expires April 19,2028
Exhibit B Page 45 of 54
`
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s)
Respondent Vendor Name: Rep Services. Inc.
��_������07
VendorFEUN: °" �"" °°"^
Vendor's Authorized Representative Name and Title� Bill Geary, Vice President
Address: 165VV Jessup Ave
City: Longwood state: FL zip: 32750
Phone Number 407 R31 Q658 Email Address: contracts@repservices.com
Section 287.135. Florida Statutes prohibits company from bidding on, submitting u proposal for, or entering into or
renewing a contract for goods or services cf any amount if, ot the time of contracting or renewal, the company isunthe
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 Statuhes, 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 [ran Terrorism
Sectors Lists which were created pursuant ton. 215.473. Florida Statutes, mris engaged in business operations inCuba
or Syria.
As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified above in the
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List. the Scrutinized Companies with Activities in the |nsn Terrorism Sectors Limd, or engaged in
business operations |n Cuba mrSyria.
| understand that pursuant to Section 287.135, Florida Sbatutem, the submission of a false certification may subject
company to civil penu|Ues, attorney'o fees, and/or costs. | further understand that any contract with the County may be
ternminahed, at the option of the Cuunty, if the company is found to have submitted efa|me certification, or has been
placed on the Scrutinized Companies that Boycott |sneo| List orengaged in o boycott of Israel'! or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the |nam Terrorism
Sectors List qr been engaged im business operations in Cuba urSyria.
Vendor has reviewed Section 287.135. Florida Statutes, and in accordance with such provision of Florida |ow, is eligible
to bid on, submit a proposal for, into or renew a contract with Monroe County for dservices.
Certified By: Bill Geary who is authorized 10 sign om
behalf of the above referenced co
Authorized Signature�
Print Name:Bill Geary
Title:Vice President
Note: The List are available at the following Department of Management Services Site:
Minority Owned Business Declaration
Rep Services, Inc. , a sub-contractor engaged by Monroe County during the completion of work
associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 289.703, Florida Statutes
or
x is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
P.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 dorniciled in Florida,and which is at least 51-percent-owned by
minority persons who are members ofan 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 nonrninority 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$l
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 sarne 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 f nn 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 Sub-Rceipient: Monroe County
Julie E. Digitally signed by JulieE.
Cuneo
Date:2024.08.21
Signature _ Signature
Print lame: Bill Geary Printed Name: Julie Cuneo
Title:` ice President Title/OMB Department:Asst. Dir. Purchasing
Verified via: https://osd.dms.myflorida.com/directories
Address:165 W Jessup Ave DEM Contract:Z3369
City/State/Zip Longwood, FL 32750
Date:July 30, 2024 F EMA Project Number: 713442
Exhibit B Page 47 of 54
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an, agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with, the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. if any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an, officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-I-I-L, "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 funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this 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 1342, 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 $100,000 for each such failure.
The Contractor, ,.Fie p.,Services, Inc. , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to
this certification and disclosure, if any.
Signature of CoAractoriAuthorized Official
Bill Gea�y, Vice President July 30, 2024
Name and Title of Contractor's Authorized Official Date
Exhibit 8 Page 48 of 54
DISCLOSURE OF LOBBYING AC-RVI'nES Apprawed
CQ1711plete tjjiS Jejfrin to disq,1qs lobLying dc-tirvides puisu a,nt to 31 U-S.C. 1352 C13i&GO916
1.Type of Federal Action: 2. Statum of rederal Actlow
F-1 a. contract a biWoffeKappllcaflan a initial filing
b. grant inifia I alvard L material change
'Cw coopelative agreement c. post-award p0(m"atorial Challgo 0111y:
d. loan yew—quilit'Ell
P. 10 In gua ramee date ci last report
f Van in'SUrance
prim mid Addfoss of Ptinow,
Congresslonal District, if kw4fL—_ coil ij t,4,%S 14,r I$a 10 i'M f IC( kw& .
G. Federal DepartmentfAgency- J. Federal Program NamefDescription,.
Ni,krnbw, d 6Wp4
oLy L
j67
...................... ........Na aw and Addrori-,0 Lobbying Rogistrant ming SQrvir4m (jr,i-,7-bxA'ng
(4st tors t rjai,77e, W)
UTR7.3"cl tox,h."I k:A'Ptdne n tim, V UNK
1AJ. rM,4 =lAbv, �0, 2 mWil"t,04WA<0 lj&
�vwf h 1, #1 J�Nvr
y for, -nt *1#o i,afjrr �17' Pr'411 Nanto�
Tille
Z40�Axtu f0ephwle fqo 0 1 G-
ALAWLA,M UxW
111'.1orlmd F"Dim'I U 7.9 r
Exhiblit B Page 49 of 54
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,ora 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 report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if known.Check
the appropriate classification of the reporting entity that designates 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 1st 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 1 (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 Federal action.
(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.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB
Control Number.The valid OMB control number for this information collection is OMB No.0348-0046, Public reporting burden for this collection o
information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect
of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project
(0348-0046),Washington,DC 20503.
Exhibit B Page 50 of 54
EXHIBIT C
CONTRACTOR PROPOSAL
Exhibit C Page 51 of 54
olji
* CGC1508223 FEIN 59-2978507 Page 1 of 1
REP SERVICES, INC. E-mail POs and contracts to: Please mail checks to:
n9
` Experts of Play Outdoor Spaces c rtrat3ra:virs.rorn Rep Services,Inc.
Sffr Amenities a Haygrnund E yuipmew m 5'a,ffo Surfacing n Shade 165 W.Jessup Ave.
Fr .suz83L9698 f", +66-328932 ,Xp_ o e ..,......" Longwood,FL32750-4146
Proposed Monroe County Ship TBD at a later date Bill Monroe County
To: 1100 Simonton Street To: TO: Marathon Government Center
Key West, FL 33040 2798 Overseas Hwy Ste 400
Marathon, FL 33050-4277
Attn: Suzanne Rubio Attn: Attn: John Allen
Project No: 19630 Project Name: Monroe County Clarence Higgs Beach Project Contact: Suzanne Rubio
Proposal No: 19630.12 Proposal Name: Clarence Higgs Beach Playground total Project Location: 1000 Atlantic Blvd
Proposal Expires: 8/242024 Key West,FL 33040
Proposal Date: 7252024 Project County:Monroe
For Questions Contact: Wendy Bowerman m 407-853-3557 ®wendy@repservices.com
Consultant: Kevin Harding ea 407-853-3575 ® kevin@repservices.com Opt/Rev: E/5 7/25/24-WB
Vendor: Landscape Structures Proj Drawings: 19630-1-4 597008
Class Part No Qty Description Unit Price Net Price Ext Price
Evos
Climbers EV156448A-001 1 EA 0-zone Climber 12,850.00 12,850.001, 12,850.00
EV156449A-001 1 EA Helix Net DB Only-Between Two Arches 8,785.001 8,785.00 8,785.00
Kids In Motion !EV156452A-001 4 EA (Wobble Pod DB Only 2,050.00 2,050.00 8,200.00
IEV156454A-001 6 EA E-pod 415.00 415.001 2,490.00
EV160208A-001 1 EA Power Lifter DB Only 1,950 00 1,950 00 1,950 00
EV160210A 001 1 EA ITwirlwind Turning Bar DB Only 2,510.00 2,510.00:: 2,510.00
EV16415613-001 1 EA Noodle Pod DB Only-16"&24"Pod Heights 1,930.00 1,930 00l 1,930.00
EV202822A-001 1 EA (Blender Spinner-W/steel Posts And DB Only 4,135.00 4,135.00 4,135.00
Mainstructures IEV179185A-001 1 EA Evos 4 Arch DB Only 31,200.00 31,200.001, 31,200.00
Miscellaneous EV156439A 001 4 EA Clamp No Faces(o-o) 0.00 0.00 0.00
EV156440A-001 2 EA 'Clamp One Face(a-a) 0.00 0.00 0.00
IEV156441A-001 1 EA Clamp Two Faces 90'(a-lb) 0.00 0.00I 0.00
_[EV157585A-001 1 EA !Clamp One Face(o-e) 0.00 0.00 0.00
Slides&Gliders',EV182180A-001 1 EA Surf Slide 6,410.00 6,410.00,, 6,410.00
Weevos
Bridges& WV164178A-001 1 EA Boppity Bridge DB 8,340.00 8,340.00' 8,340.00
Ramps
WV173575A-001 ! 1 EA Swiggly Stix Bridge DB 6,355.00 6,355.001
6,355.00
Climbers WV164171A-001 1 EA Giggle Jiggler DB 4,970.00 4,970.00 4,970.00
WV173573A-001 1 EA !Wee Planet Climber DB 3,635.00 3,635.00 3,635.00
Kids In Motion ',IP16407513-001 1 EA Double Bobble Rider DB 2,765.00 2,765.00', 2,765.00
WV173577A-001 1 EA Fun Mirror Panel DB 4,460 00 4,460 00 4,460 00
Mainstructures ',WV164170A-001 ! 1 EA Weevos 3 Arch Mainstructure DB Only 4,425.00 4,425.00' 4,425.00
,
Slides&Gliders i
WV164174A-003 1 EA Cozy Coaster Slide-W/astm Handrail DB-W/stairs Under 8,860.00 8,860 00 8,860.00
!Large Arch
Swings IP177332A-001 I 1 EA Single Post Swing Frame-8'Beam Height Only 1,630.00 1,630.00 1,630.00
Tunnels WV173574A-002 1 EA 'Wee Crawl Tunnel DB 4,460.00 4,46000 4,460.00
Product Subtotal $130,360.00
Signed&Sealed Engineering: $3,850.00
Freight:Prepaid Ship Method:Best Way FOB:Destination Weight:5,135 Ibs Freight Charge $15,525 00
Landscape Structures Total: $149,735.00
Installation By RSI Installer:The scope includes the following,as required: 597010
Item Qty Description
INS-LSI 1 LT Equipment Installation Landscape Structures
DEMO 1 LT Demolition
TRASH REMOVAL 1 LT Trash removal from jobsite.Removed daily with signed dump tickets for debris.
PERMIT FILING 1 EA (Charge for document preparation for building permit.
Exhibit C Page 52 of 54
Proposal No: 19630.12 Project Name: Monroe County Clarence Higgs Beach Proposal Date: 7/25/2024 Page 2 of 3
PERMIT FEE 1 EA I Permit Fees charged by Building Department for the building permit and by the Clerk of Circuit Court for the Notice of
Commencement.
RSI Installer Total: $106,797.00
Vendor: Surety Proj Drawings: 597352
Class Part No Qty Description U�Prlce Net Price Ext Price
Miscellaneous !BOND 1 EA RSI Payment&Performance Bond 7,966.001 7,966.00
Surety Total: $7,966.00
General Terms of Sale and Proposal Summary
Net 30 Product: $142,176.00
Installation: $106,79700
Freight: ! $15,525.00
Proposal Total: ! $264,498.00
Notes
Basis of Proposal:
Our offer is based upon replacement of playground for Clarence Higgs Beach design 19360-1-4.
Installation includes Davis-Bacon Wages.
Trash removal tracked and verified.
Included is a Payment and Performance Bond
This design removed the following from the 19630-1-3 design.
•Full Bucket Seat I P 176038A-001
•Belt Seat IP 174018A-001
•Digirider butterfly IP233057B-001
•Saddle Spinner I 152179A-002
Included in this quote to be used during install,with previously ordered parts to be used for future replacement:
For Fun Mirror
181118 Fun Mirror Panel
173689 Weevos Panel hardware Package
For Wee Planet Climber
173367 Rail
100195 3/8"x 5/8"BHCS w/Pin SST(6)
100353 3/8"Flange Nut w/pin(3)
100365 3/8"SAE Flat Washer(6)
For Boppity Bridge
163329 Bridge Support(2)
100196 3/8"x 7/8"BHCS w/Pin(8)
127179 5/8"O.d x 3/8"Lg.Bushing(8)
For Cozy Coaster Slide:
164255 Handloop(1)
100196 3/8"x 7/8"BHCS w/Pin(3)
100365 3/8"SAE Flat Washer(3)
For Surf Slide
306648 Deck Frame(1)
306649 Barrier Panels(2)
249511 Slide Platform Hardware Package
For Arches with Hemisphere climber
166061-00 Arch 1 A with Net Tabs(2)
166062-00 Arch 1 B with tabs(1)
166063-OOArch 1 D with Tabs(1)
100611-00 1/4"x 1/8"Drive Rivet(6)
This proposal is for the supply and installation of the equipment in designe 19360-1-4 only.Surfacing by others.
Note this playground is being placed in direct contact with the ocean. There is no
warranty from the Manufacturer for this playground. .
ADA access to equipment is required and not provided in this proposal.
If a owner controlled insurance program(OCIP)is required,add 2%to the proposal total.
Also,please be aware that we generate separate invoices for product at the time of delivery,then we invoice for installation upon completion.This is the
customary approach in construction and eliminates sales tax on installation services.If your project should include products from multiple manufacturers,be
Exhibit C Page 53 of 54
Proposal No: 19630.12 Project Name: Monroe County Clarence Higgs Beach Proposal Date: 7/25/2024 Page 3 of 3
advised that the products will be invoiced separately.
Estimated project completion schedule
(This schedule starts when all needed information to direct engineering has been gathered)
4 Weeks: Engineering
4 Weeks: Permitting/Submittal Approval
20 Weeks Longest manufacturing lead time.(Typical for scheduling.)
1 Week Shipping
5 Weeks Installation
34 Weeks TOTAL
Note that RSI is committed to do all it can to meet the needs of your project.
Landscape Structures:
Color selection to be made at time of color submittal approval
The Owner/Operator shall install protective surfacing in accordance with specifications F1292 and F1951,as applicable(ref.ASTM F3101-15 10.2).
Protective surfacing material must have a critical height value to meet the maximum fall height for the equipment and be accessible(ref.ASTM F3101).
Installation:
Unless otherwise noted,the following items are to be PROVIDED BY CUSTOMER prior to installation:
•Signed&sealed site plan or survey
•Access for machines and labor crew to equipment installation location
•Staging area
•Geotechnical Report
•Tree survey and barriers
•Private underground utilities located and marked
Our scope does not include:
•Certified Payroll Rates
•Enrollment of Owner Controlled Insurance Plan
•Sod&Landscape Restoration
•Dumpster at the site for trash and waste material
•Soils testing
•Site security
•Water
•Dewatering and drainage considerations
•Concrete testing
Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area,above or below the surface.If unforeseen conditions arise,the
installation charges will change to reflect additional costs associated with dealing with those circumstances.Examples of this include but are not limited to:
site not ready upon installer's arrival,underground utilities,or difficulties with footers due to coral rock or ground water in the holes.
Time Limitations Holding Prices Firm:
Orders are shipped within our manufacturer's standard lead times.Requests for delayed shipping may result in additional costs due to increases in freight,
material costs or other factors.To secure the prices on this proposal,the offer must be accepted prior to the expiration date noted.
If,during the performance of this contract,the price of a product increases 3%or more as documented by factory quotes,invoices or receipts to contractor
(Rep Services,Inc.)from the date of the contract signing the price of shall be equitably adjusted by an amount reasonably necessary to cover such price
increases.Where the delivery of a product is delayed,through no fault of contractor(RSI)as a result of the shortage or unavailability of a product,contractor
(RSI)shall not be liable for any additional costs or damages associated with such delay(s).
The undersigned warrants that he/she is an authorized representative of Monroe County noted and has the requisite authority to bind Monroe County and/or
principal.
Accepted By:
Monroe County
Company Name Authorized By Printed Name Date
As Its: (Title)
Exhibit C Page 54 of 54
DATE(MM/DD/YYYY)
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 7/30/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Jennifer Vann
Alexander Insurance Agency PHONE FAX
541 South Orlando Avenue, Suite 206 A/C No Ext: 407-629-4825 A/c,No):407-629-5407
E-MMaitland FL 32751 ADDRESS: info@alexfinancial.com
INSURER(S)AFFORDING COVERAGE NAIC#
License#:L029632 INSURERA: Evanston Insurance Company 35378
INSURED REPSERV-01 INSURERB:Travelers Indemnity Co of Amer 25666
Rep Services, Inc.
165 West Jessup Ave INsuRERc: Ohio Casualty Company 24074
Longwood FL 32750-4146 INSURERD: Sentinel Ins. Co., LTD 11000
INSURERE: Hartford Insurance Co of SE 38261
INSURER F: Lloyd's of London
COVERAGES CERTIFICATE NUMBER:537465754 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
E X COMMERCIAL GENERAL LIABILITY Y Y 21SBMBK3355 8/1/2024 8/1/2025 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $500,000
X BUSINESS OWNERS MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY� PE� LOC PRODUCTS-COMP/OP AGG $Below
OTHER: $
D AUTOMOBILE LIABILITY Y Y 21UECHV0794 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A UMBRELLALIAB X OCCUR Y Y MKLV3EUL103353 8/1/2024 8/1/2025 EACH OCCURRENCE $5,000,000
X EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n nnn $
B WORKERS COMPENSATION UB-3J747620-24-42-G 8/1/2024 8/1/2025 X PER OTH-
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
C INLAND MARINE BM060331810 8/1/2024 8/1/2025 JOB LIMIT $250,000
F ERRORS&OMMISSIONS ANE1939938.24 8/1/2024 8/1/2025 CLAIM/AGGREGATE $2000000/$2000000
A GL -Products Completed MKLV3PBC003347 8/1/2024 8/1/2025 OCCURRENCE/AGGREGATE $1000000/$2000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Monroe County BOCC is listed as an additional insured with respects to the general liability and auto liability when required by written contract. Umbrella is
follow form.
A 7! iSZ17T
a
8 2 24
)' *
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
Key West FL 33040 AUTHORIZED REPRESENTATIVE
USA ,
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ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD