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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 26, 2024 TO: Cary Vick, Interim Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: C15 Contract with RenoSys Corp. in the amount of$120,959.00, who was the lowest responsive bidder for the Jacobs Aquatic Center Pool Liner Replacement project. This project is funded by a TDC Grant. 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 MONROE COUNTY BOARDOF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR JACO S AQUATIC CENTER POOL LINER REPLACEMENT NON-MANDATORY/ Pre-bid Job Walk for the Jacobs Aquatic Center Pool Liner Replacement, shall be held at the jobsite: 320 Laguna Ave., Key Largo FL, on July 18, 2024 at 1:00 pm h 5 fl BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tern James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 ACTING COUNTY ADMINISTRATOR Kevin Wilson Clerk of the Circuit Court Interim Project Management Director Kevin Madok Cary Vick July 2024 PREPARED BY: Monroe County Project Management Page 1 of 36 Monroe County Project Management Date: 7/9/2024 Scope of Work Removal of existing and replacement of the Myrtha laminate liner system of the 25-meter, 8-lane competition pool and contiguous diving pool. The new liner is to be installed by a properly certified installer. The completed pool shall be ready for immediate public use no later than November 30, 2024. Job Name: Jacobs Aquatic Center Pool Liner Replacement Job Location: Jacobs Aquatic Center 320 Laguna Avenue Key Largo, Florida 33037 Contact: Project Management Suzi Rubio Rubio-Suzanoe monroecounty -� -e_ (305) 393-6277 Facilities Maintenance Willie DeSantis desantis- vi4Ham j monroecounty-fl.gov PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview a. Replacement of the existing laminate liner system of the 25-meter, 8-lane competition pool and contiguous diving pool with a new Myrtha system or approved equivalent system. The new liner is to be installed by a properly certified installer. The completed pool should be ready for immediate public use no later than November 30, 2024. b. All work is to be performed in accordance with the manufacturer's recommended installation instructions and by an appropriately certified installer. c. Closure of the competition pool and/or the aquatic center is to be minimized and coordinated with the pool operator to avoid negatively impacting the local community. Work may commence no earlier than October 1, 2024, and the pool must be operational before December 1, 2024. Page 2 of 36 d. A non-mandatory job walk is scheduled for 7/18/2024, at 1:00 P.M. at the jobsite. All Quotes are due by 7/26/2024, 3:00 P.M. via Bonfire electronic bidding platform. 2. Project Intent and Scope Scope of Work: Replacement of the existing laminate liner system of the 25-meter, 8-lane competition pool and contiguous diving pool with a new Myrtha system or approved equivalent system. The new liner is to be installed by a properly certified installer. The completed pool should be ready for immediate public use. Work shall include: a. Removal and disposal of the existing floor liner; b. Sanitization and preparation of walls and gu#eF surfaces for installation of PVC membrane; (guttter not included,termination at top of wall,see scope items d) c. Installation of the 60 mil PVC membrane via appropriate welding technique throughout; d. Termination of the PVC Pool Membrane at the top of the wall below Myrtha handhold cap via compression bar and cover; e. Performance of cut out for all main drains, inlets, skimmers, and lights in the pool. All pool penetrations are to be terminated with PVC compression flanges; f. Completion of additional perimeter caulking, detail work, and finish work to insure a complete watertight installation; g. Installation of Depth/No Diving markers, Lane Lines, Targets and Pool Safety markings onto surface membrane to match existing; h. Cleaning of site suitable for pool filling and performance of final inspection; and i. Continued availability of Contractor during filling of the pool in order to immediately address defects or leaks found during the filling process, if any. All work is to be performed in accordance with the manufacturer's recommended installation instructions and by an appropriately certified installer. Closure of the competition pool and/or the aquatic center is to be minimized and coordinated with the :pool operator to avoid negatively impacting the local community. Work may commence no earlier than October 1, 2024, and the pool must be operational before December 1, 2024. Page 3 of 36 3. General Requirements a. Contractor is required to provide protection for all existing surfaces. To include, but not limited to: 1. Vehicles and Personal Property 2. Trees and Landscape 3. Asphalt Road and walking asphalt sidewalks and any concrete sidewalks. 4. Buildings. b. Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. Contractor shall provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. d. Contractor shall load, haul, and properly dispose of all construction debris. e. Contractor shall provide and maintain appropriate(OSHA required) construction warning signs and barriers. f. Contractor shall furnish all required work site safety equipment. g. Contractor shall furnish and maintain on-site safety data sheets ("SIDS") for all materials used in the construction. h. Construction work times shall be limited to: 8:00 A.M. to 5:00 P.M. Monday- Friday. i. All materials shall be approved by submittal prior to commencement of work. j. Contractor shall provide a lump sum price by July 26, 2024, at 3:00 P.M. via Bonfire electronic bidding platform. k. Contractor needs to be aware of weather and location and plan accordingly,. I. Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. m. Contractor shall provide a safety lift plan for all crane/hoist work. n. Contractor shall provide schedules for all phases of the project. Page 4 of 36 o. 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. p. Contractor shall coordinate all activities with concurrent site work being performed. q. 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 web page: htt ://fl-mo roecount .civic lus.coi°n/Bids.as x CatID=18 r. Insurance Requirements: Workers' Compensation Statutory Limits Employers' Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease each employee General Liability $500,000 Combined Single Limit Business Vehicle $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not-required Construction Bond Not-required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. s. The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form. Page 5 of 36 t. Indemnification, Hold Harmless, and Defense: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. Page 6 of 36 u. Non-Collusion: By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. v. Employment or Retention of Former County Officers or Employees:. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2-149, 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 Agreement without liability pursuant to Subsection 2- 152(a), Monroe County Code of Ordinances and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. w. Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. x. Drug-Free Workplace: By signing this proposal, the undersigned certifies that the contractor complies fully with, and in accordance with the requirements of Section 287.087, Florida Statutes, as follows: Page 7 of 36 1. They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). 4. In the statement specified in subsection (i), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 4. Additional Contract Provisions a. Nondiscrimination/Equal Employment Opportunity: The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor and County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- Page 8 of 36 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided 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 Page 9 of 36 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 in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, Page 10 of 36 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. b. Termination: 1. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor.. 2. 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. 3. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 4. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' notice to Contractor. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition, the County reserves all rights available'to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Article IX, Section 2-721 et al. of the Monroe County Code. Page 11 of 36 c. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. d. Maintenance of Records: The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. e. Right to Audit/Availability of Records: The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting, employees at the job site, witnessing the distribution of payroll, verifying payroll'computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews Page 12 of 36 and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to 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. f. Payment of Fees/ Invoices: County shall pay pursuant to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statute, upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. g. Public Access: The Contractor and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor and County in connection with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to, Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this Page 13 of 36 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 Page 14 of 36 fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305- 292-3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. h. 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. i, Notice Requirement: Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: Page 15 of 36 For Contractor: RenoSys Corp. Attn:Johnathan Roberts 2825 E. 55th PI. Indiana ofis Intl 46220 For Owner: Director of Project Management Acting County Administrator 1100 Simonton St., Room 2-216 1100 Simonton Street Key West, Florida 33040 Key West, Florida 33040 Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, Florida 33040 j. 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 a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. Page 16 of 36 k. 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 Subsections 4(a) [Nondiscrimination] or Subsection 4(b), concerning termination or cancellation. Page 17 of 36 PROPOSAL FORM PROPOSAL TO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: RenoSys Corp. 2825 E. 55th PI. Indianapolis, IN 46220 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: JACOBS AQUATIC CENTER POOL LINER REPLACEMENT and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. has had the opportunity to inspect The undersigned further certifies that he/she has the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed or Purchase Order, which commencement of performance may include applying for a permit if one is required for the Project. If a permit is required for the Project, Contractor agrees to commence further performance of its work within Ten (10) calendar days of issuance of the permit. The undersigned shall accomplish Substantial Completion of the Project within Fourty-Five (45) calendar days. The undersigned shall accomplish Final Completion of the Project on or before November 30, 2024, unless an extension of time is granted by the County Page 18 of 36 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. One hundred twenty thousand nine hundred and fifty nine Dollars. (Total Base Proposal-words) 120,959.00 Dollars, (Total Base Proposal — numbers) Alternate drainage and disposal of pool water as permitted w Not Included Dollars. (Total Base Proposal- words) Not Included Dollars (Total Base Proposal — numbers) I acknowledge Alternates as follows: I acknowledge receipt of Addenda No.(s) or None No. Dated No, Dated Page 19 of 36 In:addition, Proposer states that helshe has-provided or will provide:the.County, along.withthis :: •: Proposal,a certified icopy of Contractor's.License;Monroe County.Business Tax Receipt,and:: • ; : : Certificate ofInsurance showing the• minimum insurance requirements for this project. ' Execution by the Contractor'must be.by a:person:with authority,to bind:the entity., By•signing:this agreement below,the:Contractor has read and accepts the terms and:conditions set . . • : forth by the.Monroe County.General•Requirements for Construction found at the:„link:on•the.Monroe • : • . ounty web page:httpa/fl-monroecolinty:civicplus.coM/Bids.aspx?CatlD=16;AND'accepts:all'of:the • r 'terms and conditions and all Federal required contract provisions herein." : • IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly •: •• : a. . . • :authorized representatives;as follows.: . • • . • : . • .. • Contractor • _Aquatic Renovation Systems d..b.a Reno.Sys Corp:: . . • . • .: : MailingAddress . • .. 'Indianapolis'• • • Phone.Number:.' : : •31:•7-7.34-3.309 • :. .. : • . : E.I.N.: . . :Email iohn r@renosys.corn R l:.: ' [Date: : 08105/2024. Signed: ,/. .(_j. C r .I. r : • . : • ' •: . . :. „,,,, . . .,.:. - • FL Contractors License#CPC:1456886 : 'Heather . . . .Chase: • :: . .. :..President. .. • ' Name Title • Contractor's Witness signature. -.. 4/111" • Witness name: . •Laurel Hill . .iL - . .. Date:.: Q8/05/2024. .: . .. ' .tm�Y'''t ti),1, ty accepts the.above.proposal:: - . - :'.i • ; • . •/66.:?,74')/- 3 v....----,) :\te:,), • 1 z , : i : I : : : : : . : : : . ,,,,\ fly :.,_ic . 1,-474?;,:&": . ' . BOARD OF COUNTY COMMISSIONERS : t9i. it,in: .. ,;, •èsvi Madok,Clerk : OF MONROE COUNTY,.FLORIDA ' . . i '-:"...--1,gE,.w.3.--'4''''-:. s:--4,:i '.. .%*',.4'.'-'4!-1\\\ '::4; - .5YOU(WV\r- ' ' ' : . . . 1 : . 1 . . . :, ■'' p1- tea• `I�`` .. . . �•, co�,s�Tv 5ti3 . • . •As �r,:._:.R�,�s; .. putt'Clerk •' Mayor/Chairman • 11 •... .. {Z e . moh.erOE CO] NTY:N1' .. : . _ , , „ :... ,..,,1 APPROVED AS TO FORM ' : : ' • . ':".:')4.". IV rr' � ,..,,r.•,�,� ( f' ,L . . '; .. . '—/ • i7!....«.w 7- • -..� �r 14111 1.;A f1N . :. Utz; � • • • - • +C` . ....r : : DATE: •83=;71} c c " - ::-..-j. :c%-' - • : : Page 20 of 36 z NON-COLLUSION AFFIDAVIT 1, Heather Chase of the city of Fortville, IN according to law on my oath, and under penalty of perjury, depose and say that: a. I am President of the firm of RenoSys Corp. �........._ .... .... the bidder making the Proposal for the project described in the Request for Proposals for: Jacobs Aquatic Pool Liner Replacement and that I executed the said proposal with full authority to do so; b. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and C. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and N. d. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and e. The statements contained in this affidavit are true and correct and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. r (Signature of Proposer) (Date) STATE OF: i COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on � ,A date b name of affiant . He/She is r�(oq l known to me or has produced (type of identification) as identification. NOTARY PUBLIC My commission expires: Laurel A Hill LLmy Pubkt Seal State of I dlan• Marmon County • ssion NurnberNP07435a0 mmission O'�xpi.tOx W12030 Page 21 of 36 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE RenoSys Corp. it (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: a STATE OF: 1 _ COUNTY OF: 1 Subscribed and sworn to (or affirmed)before me, by means of physical presence or ❑ online (name of affiant). I-le/She is p ��anal l known to me or�mm vv(date)by � ���'�� �' 1••-$ notarization on t. has produced _ as identification. (Type of identification) NOTARY P(JBLIC � mm My commission expires: o .� laurel A Hill Notary Public Seal State of Indiana (SEAL) Marion County Commission NumborNP07416e0 My Commission Expires 91812030 Page 22 of 36 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, Heather Chase certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: RenoSys Corp. a b By .. �, ( , , Signature Recipient's Name Heather Chase„ President Name and Title Division Contract Number 2825 E 55th PI, Street Address FEMA Project Number Indianapolis, IN 46220 City, State, Zip 7/23/24 Date Page 23 of 36 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: RenoSys Corp. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5, 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, for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. �.. Proposer's Signature 7/23/2 Date STATE OF: a COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means oI` physical presence or ❑ online notarization, on of affi nt . He/She is urstanl l .known to me lets I � t�._ UTNWX ( ) y ( ) ocl'ttced (type of identification) as identification. , Laurel A Hill Notary Public seal state of Indiana 1'LII.,IC Marion County T�ission Numberr+Po7�3560 �p (S jwVommission Expires W8/2030 My Commission Expires: D Page 24 of 36 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither RenoSys Corp. (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: 7/23/24 STATE OF: � f COUNTY OF: t:vt Subscribed and sworn to (or affirmed) before me by means of°physical presence or ,� ����� �1 .. day of -114 4 20 '"� (date), by onlin notari�ati7_1140SL on the known to me or has rod (name f affiant). He/She is p�rs, na produced (type of identification) as i riii' t► n. � �° �'" � Laurel A Hill „: Notary Public Seal State of Indiana ARY BLIC Marion county Com n1ss1on,Number NP0143560 (j t lion ExDirea 91W2030 My Commission Expires: a . Page 25 of 36 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Jacobs Aquatic Pool Liner REplacement Respondent Vendor Name: RenoS s Corp. Vendor FEIN: 35-178802 Vendor's Authorized Representative Name and Title: Heather Chase President Address: 2825 E 55th PI. City: Indianapolis State: IN Zip:: 46220 Phone Number 800-783-7005 Email Address: heatherc@renosys.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By:. Heather Chase who is authorized to sign on behalf of the above referenced company. Authorized Signature: d Print Name: Title; President Note: The List are available at the following Department of Management Services Site: kt ://www¢ems rr) floroda.corn/bLa driess ogerationsdstatepurchasing/vendor infornigtion/convicted susp nd'ed discrimingtar y coMpaiats vendor lists Page 26 of 36 APPENDIX A 44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor flenrr +ys_Corp , 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. a Signature of Contractor's Authorized Official Heather Chase, President 7/23/24 Name and Title of Contractor'so -..... - — Official Date Page 27 of 36 DISCLOSUW OF LOSSYMNG AC;"FLIuITIE'S °OMPUTI THIS Font To "t,"1ILOsE TO 3SStSC1352 1. Type,of Federal action: I Status of Federal action: 3. Report Type: H a couaca a.bdeflerlighcafion =M.inifial b gasarat b ruatin aorard b mate"doge C. coop xatas+a agreeu Mt C. past-ai d It. low Far Material Chance Only: e. loan guaswee F gtaarter C beau inns°urorat a date of Lmt report 1. Name aadAddress of Reporting EntityS. Ll pepo g F ti�a is doµ t .Saaba ardee, Ratar address of Prime:. Rime �So„ilttntraadee Tier °pfknoa"u C,augressaoaral Diltrut,ff hovin C'oargresstoaal llistaiq known & Fedaral Departmat'Ageacy: `"- Federal Proopiva,ldumea0ese;ription: Cl7DA,Number,if kable g. Federal Action Nutaber,dkooarrz; p,. Award A oaarat.,afkmowta: llt. a. ' oaad; dAressofLdbbv Enfirr b. LardMdz-alslse^rfarndagSern ras (aurkAmr aU rods idual,3asa name.fintname Mdl ad&ess Lf diffeml from No,103„1. (`aosr ra se.ftSt na:me!, (anaCb Courimuant." duecesizy) IL Amanni'af Psy a-a l(dwk AD That apply) lit. Type of apply), Facial ial EI p)lwsttued 7 i recainer b. ® dw foa — Fwa of Pkymwa,t(rhrclt all tho t aapply), c e a rash d. ramam-ect fie gale f other.spetay 14, Chief LlescripFaban of SSarnices Performed or to be puformod and Date(r)of Sea-r-ice,iscludimg olilac+ar(s)„,e aFv' s),or aaa )routactedm,for Pa, al Ludi!rated am'Lteaaa 11;. (3micb Couaamutarten heerl�s,p ifuecessarl^) 15, Cou#aaau tlon Slaeet(s)attached: ves No ld, laaf ana00A riglaatud " 'hx'I farm Sn aa~a ,a' tar lido of �acng ri, aauare` a as :a wu ptataat by alva tw abavo whu has sroaa=rr'ziao now ouodu-oraaaanrarnman, dbzn 3tacto�xraoia cod 1ra3 lartirar'Name, na:agazbaaatir31 f;S,C 1552 "H"ina-u inimma6anwillbo rq=W to a c&pi wa i4m=muaJIv=4 ry .0 bo vi%40Wa for pubbr invactiam Any paun W&D EONtm TWZt w u a1�t o srb a r ae o e til'paoalr ofmol Cana tm S14,QM ana am mom d=SID0,000 for saclN MIN fam TeD.-pbarue No.: e: Awbohzed for Local Fraproductsoo Federal f.toOnly-. Staaadaard Fe -IM:T:L 2-6C PART 2FCOUNTY Page 28 of 36 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 covered Federal action or a material change to previous filing pursuant to title 31 US C,section 1352. The filing ofa form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action, Attach a continuation sheet for additional information if the space on the form is inadequate, 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 I 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 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 first 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 organization 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 identification 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-90-00I." 9 For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5 10, (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action (b)Enter the 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). IL Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item IO), Indicate whether the payment has been made(actual)or will be made(planned), Check all boxes that apply, If this is a material change report,enter the cumulative amount of payment made or planned to be made 12 Check the appropriate box Check all boxes that apply If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment 13 Check the appropriate box. Check all boxes that apply, If other,specify nature 14, Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered Include all preparatory and related activity not just time spent in actual contact with Federal officials, Identify the Federal officer(s)or employee(s)contacted or the officer(s) employce(s)orMember(s) of Congress that were contacted, 15, Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number, Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D,C,20503 SF-LLL-Instructions Rev.06-04- 90(<ENDIF)) Page 29 of 36 ((::J Minori Owned Business Declaration RenoSys Corp. 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 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Contractor mav refer to F.S. 288.703 for more information. Contractor Sub-Recipient: Monroe County . . � ' _..... .. ..._ Signature Signature Print Name: Heather Chase Printed Name: ......... Title:_ President _ Title/OMB Department: Verified via: illt 5,.//osd.d ins,tliylli ies Address: 2825 E 55th PL DEM Contract: Z3369 City/State/Zili Indianapolis IN 46220 Date: 07/23/24 l- MA Proiect lumber: Page 30 of 36 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or •A Certified copy of the actual insurance policy.. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed underthis contract or imposed by law. Page 31 of 36 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 32 of 36 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or Page 33 of 36 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 Paragraph 3.Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Heather Chase, President PROPOSER Signature � � Page 34 of 36 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability $3,000 BI&PD Work Comp $0 Umbrella $10,000 Liability policies are X Occurrence Claims Made Dimond Bros. Insurance LLC Insurance Agency Sign re Page 35 of 36 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor/Vendor: Project or Service:: ContractorNendor Address & Phone#: General Scope of Work: Reason for Waiver or Modification° Policies Waiver or Modification will apply to: Signature of ContractorNendor: Date. Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal Approved; Not Approved: Meeting Date: Page 36 of 36 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 07/24/2024 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 Nikki Jones NAME: Dimond Bros.Insurance,LLC A/cNN. Ext: (317)853-3500 a/c,No: (317)853-3501 11708 North College Avenue E-MAIL nikki.jones@dimondbros.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Carmel IN 46032 INSURERA: North Pointe Insurance Company 27740 INSURED INSURER B: QBE Insurance Corporation 32917 Aquatic Renovation Systems,Inc. INSURER C: Praetorian Insurance Company DBA Renosys Corporation INSURER D: General Casualty Company of Wisconsin 24414 2825 East 55th Place INSURER E Indianapolis IN 46220 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25ALLCOV REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbil POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 5,000 A 171000598 07/01/2024 07/01/2025 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PERGENERAL AGGREGATE $ 2,000,000 POLICY � PRO FX LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 161000356 07/01/2024 07/01/2025 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LAB CLAIMS-MADE 191000422 07/01/2024 07/01/2025 AGGREGATE $ 5,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A 152000238 07/01/2024 07/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Inland Marine Leased/Rented Equip 400,000 D QCI1376872 07/01/2024 07/01/2025 Installation Floater 250,000 AP 18tt T DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) � �.' mom._....... bY: .... RE:Work done for certificate holder DATE,.,.,,„.®.,.._8 2; 2A_ Subject to the terms and conditions of the policies,the General Liability,Automobile Liability,and Umbrella policies include blanket au WA - insured endorsements that provides additional insured status as required by written contract that requires such status. Subject to the terms and conditions of the policies,General Liability,Automobile Liability,and Umbrella Liability policies are Primary and Noncontributory in favor of the above additional insured(s). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The Monroe County Board of County Commissioners, ACCORDANCE WITH THE POLICY PROVISIONS. its employees and officials 1100 Simonton St AUTHORIZED REPRESENTATIVE , Key West FL 33040 C A " / 4*114v ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. AGENCY CUSTOMER ID: 00010813 LOC#: ACCMV ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Dimond Bros.Insurance,LLC Aquatic Renovation Systems,Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes ACORD 101 (2008/01) © 2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Subject to the terms and conditions of the policies,Blanket Waivers of Subrogation are included on the General Liability,Automobile Liability,Umbrella Liability and Workers Compensation policies in favor of any person or organization as required by written contract that requires such status. The Producer shown on the ACORD 25 will endeavor to provide the Certificate Holder 30 days written notice of cancellation if cancellation of the policy(ies) shown on the Certificate is initiated by the Insurance Company(ies)for reasons other than non-payment of premium,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents,or representatives. Additional Named Insureds Other Named Insureds Aquatic Renovation Systems Inc dba Metfab Insured Multiple Names Aquatic Renovation Systems Inc dba Vanguard Precast Insured Multiple Names Aquatic Renovation Systems, Inc. Insured Multiple Names Aquatic Renovation Systems, Inc. dba Renosys Corpor Insured Multiple Names PoolEquip LLC Insured Multiple Names South Canyon LLC Insured Multiple Names OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC