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10/03/2024 Agreemement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT,SUMMARY FORM FOR CONTRACTS $1r00,000.00 and Under EE&G Construction & Effective Date: See terms below Expiration Date: Contract Purpose/Description: Gato Building .Second Floor Air Duct Gleaning ! 1100 Simonton St,FL 33040 Contractor shall i commence performance within ten(10)calendar days of date of issuance of a Notice to Proceed,Purchase Order,or Task Order. Once commenced,Contractor shall diligently continue performance until completion of Project.Contractor shall accomplish Final Completion of the Project within thirty(30)days,unless an extension of time is granted by the County, Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: William DeSantis 4307 Facilities Maintenance/Stop##9C CONTRACT COSTS Total Dollar Value of Contract: $ 13,880.00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the iowl ainni.hliir v 4m1tt una is 1 00.000.00 or I ss). Budgeted? Yes■❑ No ❑ Grant: $ 13,880.00 County Match: $ N/A Fund/Cost Center/Spend Cate o : 125-06067-00061 I, GNT-00000205 PROJ-00000187 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ See page 46 of RFS for Certificate of Insurance approved by Risk Management CONTRACT REVIEW Reviewer Date In Department Head Signature: William DeSantis Patricia Eables Digitally signed by Patricia Eables County Attorney Signature: Date''2024 092514''01'.11-04'00' Jaclyn Platt Digitally signed by Jaclyn Platt Risk Management Signature: Date''2024'092514''32''07-04'00' Purchasing Signature: Lisa Abreu Digitally 20240930ned yLisa Abreu Date'.2024.09.30 11'.12'.24-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date'.2024.09.30 15'.09'.20-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR GATO BUILDING - SECOND FLOOR AIR DUCT CLEANING BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District I David Rice, District 4 Michelle Lincoln, District 2 ACTING COUNTY ADMINISTRATOR Kevin G. Wilson Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis 9/06/2024 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 53 Monroe County Facilities Maintenance General Scope of Work Job Name: Gato Building—Second Floor Air Duct Cleaning Job Location: Gato Building 1100 Simonton Street Key West, FL 33040 Contact: Chrissy Collins - Facilities Maintenance crulHns. K.!1.Lm..................Y;C lum,r r cr uu ;;,,. gr;y 305-304-9711 ....... ............. ............. ............ ............... ......... ............ ................................................. ................................................ PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("Owner" or "County") shall enter into a contract with a qualified Contractor to conduct air duct cleaning and appropriate mold control treatment, at the Gato Building located at 1100 Simonton Street, Key West, Florida. The term of this contract shall commence upon approval and execution of the contract by Monroe County and will terminate upon final completion of the Project as noted herein. Contractor shall commence performance under the contract,which may include applying for a permit if one is required for the Project,within Ten (10) calendar days of the date of issuance to the undersigned by Owner of a Notice to Proceed, Purchase Order, or Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) days, thereafter, unless an extension of time is granted by the County. The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: City of Key West Building Department, Monroe County Building Department, and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. B) All quotes are due by Thursday, September 12, 2024, at 12:00 P.M., via email to collins-chrissy@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. Page 2 of 53 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to complete the Air Duct Cleaning throughout all of the offices and common areas on the Second Floor of the Gato Building: • Complete air duct cleaning in all supply and return area vents throughout the Second Floor with negative air pressure machine • Mold control/antimicrobial treatment, as appropriate 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Chrissy Collins at 305-304-9711 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping 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. 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: Specified by the County I) All materials must be approved by submittal prior to commencement of work. Page 3 of 53 J) The Contractor shall provide a lump sum price by Thursday, September 12,2024, at 12:00p.m., via email as noted herein. K) The Contractor needs to be aware of weather and location and plan accordingly. L) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. M) The Contractor shall provide a safety lift plan for any crane/hoist work. N) 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. O) The Contractor shall provide a schedule for all phases of the project. P) The Contractor shall coordinate all activities with concurrent site work being performed, if any. Q) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder Page 4 of 53 and Additional Insured on General Liability and Vehicle policies. A "Sample" Certificate of Insurance is attached,which may not be reflective of the insurance amounts required for this project but is provided for"informational purposes" only. R) 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. S) 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. Page 5 of 53 United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. T) 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. U) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,percentage, gift, or consideration paid to the former County officer or employee. V) 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,butnot 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. Page 6 of 53 W) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. 4) In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS 1) 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 agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse Page 7 of 53 or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,religion,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an Page 8 of 53 i i I 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 1 applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1.1246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph(1)and the provision of paragraphs (1)through(8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,. so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or Page 9 of 53 i purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, ho_wevcr,_that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,which prohibits recipients of federal financial assistance from excluding from a program or activity,denying benefits of,or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program oractivity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 11) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup ironies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et at. of the Monroe County Code. { I Page 10 of 53 I I i i D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven(7) days' notice to Contractor. If the County terminates-this agreement with the-Contractor,County shall pay Contractor-the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,are met. III) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this Agreement or for a period of five(5) years from the submission of the final expenditure report as per 2 CFR§200.33, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,running from the date the monies were paid by the County. Further,the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c)and 603(c)of the Social Security Act,Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. i Page 1.1. of 53 3 I E i 3 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office,- or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. i IV) Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets,and activities relating to this Project. if any auditor employed by Monroe County or County Cleric determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. V) Payment of Fees/Invoices. County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat.,Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's i Page 12 of 53 1 1 disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Chris,sy Collins via email at collins- The County isexernptfi-orn 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. VI) Public Records Compliance. The Contractor Must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution Of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or Under its control SLIbjeCt to [lie provisions ol-Thapter 119, Florida Statutes, and made or received by the County and Contractor in C011JUIletiOn With this contract and related to, contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form Of a Court proceeding and shall, as a prevailing party, be entitled to reimbursement Of all attorney's fees and costs associated with that proceeding. "I"llis 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 Fla. Stat., Sec. 11 9M70 1 and the terms and conditions of this contract, the Contractor is required to: (I) Keep and maintain public records that Would be required by the County to perform the service. (2) Upon request from the County's Custodian of records, provide the County with a copy of the reqLICSted 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 diSCIOSLire re(JUirernents arc not disclosed except as authorized by taw for the duration of the contract term and following completion of the contract irthe 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 steal I destroy any duplicate public records,that are exempt or confidential and exempt from public records Page 13 of 53 E j 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.-A It--records-stored-electronically-must be -provided-to-the- - County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE NO. 305- 292-3470, BRADLEY-BRIAN(4 MONROECOUNTY-FL.GOV,, MONROE COUNTY ATTORNEY'S OFFICE 1111 12rr1' Street SUITE 408 KEY WEST FL 33040. VII) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. E f E I Page 14 of 53 i 1 i VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by j -United-States-Mail,certified,-return-receipt requested,-postage-prepared,-or by courier - with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: Mr. Robert DeVito,Vice President of Operations EE&G Construction & Restoration, LLC 14879 NE 20th Avenue North Miami, FL 3381 For Owner: Facilities Maintenance Department Attention: Chrissy Collins 123 Overseas Highway—Rockland Key Key West,Florida 33040 And Monroe County Attorney's Office 1111 12"' Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perfonn its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a)acts of God;(b)flood,fire, earthquake,explosion,tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components,or services,market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of Page 15 of 53 E If I i any Uncontrollable Circumstance are minimized and resume full performance under j this Agreement.The County will not pay additional cost as a result of an Uncontrollable j Circumstance,-The-Contractor_may only-seek a-no-cost-Change Order-or Amendment for such reasonable time as the Owner's Representative may determine. j X) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section I,Nondiscrimination, or Section I1, concerning Termination or Cancellation. 4. FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act 42 U.S.C. 7401-7671 and the Federal Water Pollution Control Act 33 U.S.C. 1251-1387 as amended. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C, §§1251-1387) and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401.-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §§125.1- 1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000.00. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the American Rescue Plan Act funding, The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the Department of Treasury/Federal Agency and the appropriate EPA Regional Office. B) Contract Work Hours and Safety Standards Act (40 U.S.C. $§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§,3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay Page 16 of 53 I i for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that_no_laborer_or_ mechanic_must_be_reauired_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. i Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work,which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph(b)(1) of this section,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated. Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1)of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety 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. i Page 17 of 53 (4) Subcono-cwts. The contractor or SUbcontractor shall insert in any subcontracts the elaLlSeS Set t:C)I-tll in 29 C.F.R. §5.5, Paragraphs (b)(I) through(4),and also a clause requiring tile subcontractors to ilICILlde 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). Q Rights to Inventions Made Undei- a Contract ot- A2reement. If the Federal award meets tile definition of-funding agreement'" Linder 37 CFR §401.2 (a) and the recipient or SLIbrecipient 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 Linder that-funding agreement,'* the recipient Or SUbrecipient I11LlSt comply with tile 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 ally implementing regulations iSSLIcd by tile awarding agency. D) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award under a "covered transaction" (see 2 C FR §180.220) must not be made to parties listed on the government-wide excILISiOnS in tile System for Award Management (SAM), ill accordance with the OMB guidelines at 2 C.I--',R, Part 180 that implement Executive Orders 12549 (3 CT.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarillent and Suspension'* and the Department of Florneland Security's regulations at 2 C.F.R. Part 3000 (NOLIPI-OCUrernent Debarment and Suspension). SAM EXCILISiOnS contains the narnes 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 eXCILISiOnS call be accessed at %Nrww,sa-nlgL)V. 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 CRR. §180.905) are excluded (defined at 2 C.F.R. §180.940) ordisqualified (defined al: 2 C.F.R. §180.935). Thc Contractor MUSt comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, SUbpart C, and 111LISt include a requirement to C0111ply 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 tile 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 SLISPCIISi011 and/01- 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 t1lrOLJgIlOLIt the period of any contract that may arise from this offer. "File Bidder or Proposer further agrees to irICILIde a provision requiring SLICII compliance in its lower tier covered transactions, including that the award IS SLib-iect to 2 C.F.R. Part Page 18 of 53 180 and the Department of the TreaSLII-Y'S inIPICITIenting regulation at 31 C.1".R. Part 19, E) By_rd Anti-Lobbyinjj Amendment (31 U.S.C. t 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 ftinds to pay any person or organization for irICILICnCing or attempting to inflUence an officer or employee of any agency, a member of Congress, officer or employee or Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 US.0 §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 LIP to the recipient who in turn will Forward the certification(s) to the awarding agency. If the award exceeds $1 O�O,000, the attached certification must be signed and Submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CIFR 200.323, The Contractor Must comply With Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement prograrn for procurement of recovered materials identified in the EPA guidel ines. In the performance of this contract,the Contractor shall make maximUrn Use of products containing recovered materials that are EPA-designated iterns unless the product cannot be acquired -- 1. Competitively within a timefrarne providing for compliance with the contract performance schcdUle-, 2. Meeting contract performance requirements; or 3, At a reasonable price. information about this requirement, along with the list of FPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website., M—)FZI LILI MY 1- The Contractor also agrees to comply, with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Page 19 of 53 1 I i I G) Prohibition on certain telecommunications and video surveillance services or c ui ment as set forth in 2 CFR 200.21b. Recipients and subrecipients and their - _ __contractors-and-subcontractors_may not-obligate-or expend-any federal__fiinds_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 I equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. H) Domestic Preference for Procurements as set forth in 2 C.F.R. §200,322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement,and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. E I) Copeland "Anti-Kickback" Act 2 C.F.R. 204 Appendix II (1)), 40 U.S.C. 43145). This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, 1j'reguired by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. Page 20 of 53 I §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in in-Part by nited --Whole o r Loans-or cinducing, s The-Actprovides-in art that Contrac or shall be prohibited from iduc n ,bY an means, any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which it is otherwise entitled. The County shal l report all suspected or reported violations to the Department of the Treasury. 5. Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury)to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fluid and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of fiends to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 1990 ADA as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B) Disadvantaged Business Enterprise (DBE) Policy and Oblilzation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Cowy funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS i i Page 21 of 53 I i i i a. If the Contractor, with the funds authorized by Agreement,reement, seeks to g subcontract goods or services then, in accordance with 2 C.F.R. §200.321, j 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: (I) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and wornen'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; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph(1)through(5)of this section. C) Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury;(2)Give the Department of the Treasury access to and the right to examine and copy records, accounts,and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and(3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D) Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. I E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly Page 22 of 53 k compensated eXeCL[tives and the names and total compensation of tile rive most highly compensated executives Of Its subcontractors for the preceding completed fiscal year if: (a) the total federal funding aLithorized to date Under the award funding this Agreement cqUals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts); (c)the Contractor received $25,000,000.00 or more In annual gross revenues from federal procurement contracts (and subcontracts) and federal Financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and SUbcontracts); and (d) the public does not have access to information abOLit the compensation of the CXeCLniVCS thrOLI&III periodic reports filed Under Section 13(a) or 15(d) of the SeCUrities Exchange Act of 1934 (15 U.S.C. 78rn(a), 78o(d))or Section 6 104 of the internal revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at httw//ww%v,see'&LL1 Ln F) No Oblimation bj Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COL[ilty/11011- Federal entity, contractor or any other part), pertaining to any matter resulting from the contract. G) Pro rain. 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. H) The Contractor shall Utilize the U.S. Department of Homeland SeCLII-ity's E-Verily system to verify the employment eligibility of all new employees hired by the Contractor during the term or the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise Utilize tile U.S. Department or Homeland SCCUrity"s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract teri-ri. 1) The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the I County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. Page 23 of 53 i J) The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the-extent allowed_and_required_by law. K) Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. L) Conflicts of Interest. The Contractor understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F,R. § 200.112. M) Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c)of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(i i)(111) of the Act, as applicable. N) Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to Sections 602(f) and 603(f)of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this I award and subject to such exceptions as may be otherwise I provided by Treasury. Subpart F T Audit Requirements of the Page 24 of 53 i f I Uniform Guidance, implementing the Single Audit Act, shall apply to this award. j ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in j Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C..F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. O) Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5 U.S.C.§§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. P) False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. j Q) Publications.Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." Page 25 of 53 4 �f R) Debts Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor-is finally determined to be authorized-to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid b Contractor. A debt is delinquent if it has not been aid b the promptly Y n p Y date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. S) Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. T) Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: Page 26 of 53 I i i i i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii.A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. U) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997),the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the- ob seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. V) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51.225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. I Page 27 of 53 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 123 Overseas Highway—Rockland Key Key West, FL 33040 PROPOSAL FROM: Mr. Yadir Jimenez EE&G Construction & Restoration, LLC 14879 NE 20th Ave North Miami, FL 33181 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: GATO BUILDING — SECOND FLOOR AIR DUCT CLEANING and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions 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/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty(30) days,thereafter,unless an extension of time is granted by the County. Page 28 of 53 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. I 1 Thirteen Thousand, Eight Hundred and Eighty----------------------------------------------Dollars. (Total Base Proposal-words) $ 13,880.00--------------------------------------------------------------------------------------------Dollars_. (Total Base Proposal—numbers) I acknowledge Alternates as follows:NIA I acknowledge receipt of Addenda No.(s) or None No. Dated None No. Dated i i i i i Page 29 of 53 1 In addition, Proposer states that he/she has provided or will provide the County, along With this Proposal, a certified copy of Contractor's License, Monroe County Business 'Fax Receipt, and Certificate Of Insurance showing the mininIt.1111 insurance requirements for this pro.ject. Execution by the Contractor inust 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 l"'OLInd at the link on the Monroe County web page: litti)://fl-iiionroeCOL111ty.CiViCPILIS.coiii/Bids.aspx?CatlD=18; AND I — accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have CaUsed this Agreement to be CXCCL[ted by their ClUly authorized representatives, as follows: Contractor: EE&G Construction&Restoration,LLC Mailing Address: 14879 NE lath Avenue, North Miami, FL 33181 Phone Number: 305-374-8300 E.I.N.: 861106610 Emai 1: YJimene,z@eeandg.com Date: 09/16/2024 Signed-, X Robert Devito, Vice President Operations Name Title Contractor's Witness signature: X -j"Y' Ck.,1-,ja (Z)LC,A; G Witness name: j("(' ji t-(oC ....... Date: c-:)C4 I The County accepts the above proposal: MONROE COUNTY. FLORIDA y Digitally signed by Christine Hurley Christine Hurle Date:2024.10.03 16:17:09-04'00' Date: BY: Acting County Administrator or Designee MONROE COUNTY ATTORNEY'S OFPCE ED^S TO L Page 30 of53 PATRICAEABLES ASSISTANT�fORNEY , DATE: _� NON-COLLUSION AFFIDAVIT 1, Robert DeVito of the city of Melbourne according to law on my oath, and under penalty of perjury, depose and say that: ,a. I am Vice President of Operations of the firm of EE&G Construction & Restoration, LLC the bidder making the Proposal for the project described in the Request for Proposals for: Monroe County Cato Building,, 2nd Floor Cleaning 1100 Simonton Street, Key West FL 33040 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:, 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. X 9/16/24 (Signature of Proposer) Robert DeVito, VP Operations (Date) STATE OF: Florida COUNTY OF: r Subscribed and sworn to (or affirmed) before me, by means of M physical presence or 1:1 online notarization, on September 16th - (date) by Robert DeVito (name of affiant). He/-914e is personally known to me or has produced (type of identification) as identification. NOTARY P`OBLIC My commission expires: i LA Q I Zc)"':4� (SEAL) Notary Public Stale of Florida Page 31 of 53 Margaret L Quick My Commission HH 120174 Exp4es 04/2112025 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE EE&G Construction & Restoration, LLCC If (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former Couinty officer or employee in violation of Section 2 ofOrdinance No. 010-1990 o�r any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee", (Signature) Robert DeVito, Vice President of Operations Date: 9/16/24 STATE OF: Florida "i COUNTY OF- Subscribed and sworn to (or affirmed) before me, by means of W physical presence or 0 online notarization, on September 16, --------L--20 24 (date) by Robert DeVito (name of affiant). He/,&4e is personally known to me or has produced as identification. (Type of identification) A1 NOTARY P(-), BLIU My commission expires: af3,zS (SEAL) YNotary Public State of Ronda Margaret L Quick My Commission HH 120174 Expires 0412112025 Pact of-53 J EKI DRUG-FREE WORKPLACE FORM The Undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: EE&G Construction & Restoration, LLC (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture. distribUti011, dispensing, possession, or Use ofa controlled Substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations Of Such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business'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 tile commodities or contractual services that are Under bid a copy of the statement specified ill subsection (I). 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 conteridere to, any violation of Chapter 893 (Florida Statutes) or of any controlled Substance law of the United States of*any state, for a violation Occurring ill the workplace no later than Five (5) days after Such COuViCti011. 5. Imposes a sanction oil or requir-e the satisfactory participation in a drug abuse assistance or rehabilitation program ilSLICII is available in the employee's COM1111.1nity, for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through irnplernentation of this section. As the person authorized to sign the,statement, I certify that this Firm complies fully with the above requirements, Robert DeVito, Vice President Operations x Proposer's Signature 09/16/2024 Date STATE OF: Florida COUNTY OF: Brevard Subscribed and sworn to (or affirmed) before isle, by means of IN physical presence or El online notarization. on September 16, 2024 (date) by Robert Devito (name ofaffiant). I has produced (type ofidentification)/a 14,11 ificat' NOTARY PUII'LIC (SEAL) My Commission Expires: ';l l 0 S 'PT 0%, Notary Public stare of Florida Page 33 of 53 Margaret 1.Quick My Commission HH 120174 Expires 0412112025 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, proposals, or replies 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." 11 have read the above and state that neither Robert DeVito (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. X (Signature) Date: 9/16/2024 STATE OF: Florida COUNTY OF: Brevard Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or El online notarization, on the 16th day of September 20 24 (date), by Robert Devito (name of affiant). He/-64ie-is-person,ally known to me or has produced (type of identification) as identification, L NOTARY PUBLIC (SEAL) My Commission Expires: k Notary Public State of Florida Margaret L Quick 174 M HH y Commission HH 120174 commission so Exptires 04/2112026 Page 34 of 53 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Monroe County GatoBui�dimQ' 2ndFloor Cleaning . 11OO Simonton Street Project Deaoiption(s)� Key West FL 33040 Respondent Vendor Name- VendorFBN� 86-1106610 Vendor's Authorized Representative Name and Ti0e: Robert DeVito, Vice President Operations Address: 14879 NE 20th Avenue City, North Miami State:FUoride Zip: Phone Number 305n74-8300 Email Address: Section 2,87,135, Fjorida Statutes prohibfta m company from bidding on, swbmftting e proposal for, or enLerjmg into or renewing n contract for goods or services of any amount if, mt the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725. Fkorida Stctu&ae, or |sengaged in a Boycott ofIsrael. Section 287.135. FXorida Statuten, also prohjbitaa company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $1.00O,8OO or more, that are on either the Scrutinized Companies with Activities �n Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors 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 ufRespondent, | hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not fisted on the Scrutinized ComPan�ee 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 Borufimized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations �n Cuba or Syria, | understand that pursuant to Section 287135. Florida Statutes,the submission ofa 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 termimeted, at the opfion of the Coumty, 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 o boycott of Israel or placed on the Scrutinized Compan�me with Activities in Sudan Uetmrthe Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba orSyhm. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with SLIch provision of F�orida |avv, is e|igibVe10 bid on, submit e proposal for, or enter into or renew m contract with Monroe County for goods orservices, Robert DeViLm Certified By: . who �m authorized to s,iQn mm behalf ofthe above referenced company Authorized &gnakine: s Print Name: Robert DeVito Title: Vice President ofOperations Note: The List are available mt the fbNmwimg Department of Management Services Site: Page 35u[53 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Narne-, EE&G Construction & Restoration, LLC Vendor FEIN: 86-1106610 Vendor's Authorized Representative: Robert Devito, VP of Operations (Name and Title) Address: 14879 NE 20th Street City: North Miami State: R Zip: 33181 Phone Number: 305-374-8300 Email Address: Rdevito@eeandq.com As a nongovernmental entity executing, renewing. or extending a contract with a government entity, Vendor is required to Provide an affidavit under penalty of"perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; S. Causing or threating to cause financial harm to any person; 6, Enticing or luring any person by fraud or deceit; or T 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 certify under penalties Of perjury that Vendor does not Use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by sarne. Certified By: Robert DeVito ................. W110 is at-Ithorized to sign on behalf of the above referenced company. Authorized Signature: Print Narne: Robert IDeVito Title: Vice President of Operations Page 36, of 53 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 belialf0f(11C MI&I-Signed, 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 Member of Congress in connection with the awarding of any I"ederal contract, the making of any Federal grant, the making of any I"ederal loan, the entering into of any cooperative agreement, and the CX[erlSiOrl, C011tillUati011, renewal, amendment, or iriodification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid orwill be paid to any person for illflU0116rIg 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 steal I complete and submit Standard Form-LI-L, "DiSCIOSUre 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 dOCUIllefItS for all SLibawards at all tiers (including subcontracts. SUbgrants, and C011traCtS Under Orants, foans. and cooperative agreements) and that all SUbrecipien(s, shall certify and disclose accordingly. This certilication is material representation of fact upon which reliance was placed wheal this transaction was; made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US Code. If any Binds have been paid or will be paid to any pel-Soll 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 ilISLII-e Or guarantee a loan, the Undersigned shall C011113lete alld submit Standard I"orm-LI-L, "Disclosure of Lobbying Activities," in accordance with its i11St1-L1Cti011S. Submission of this statement is a PrereCiLli Site for making or entering into this transaction imposed by section 1352, title 31. U.S, Code, Any person who faifs to file the required Statement shall be SLib'pect to a civil penalty of not less than S 10,000 and [lot 11101V than $100,000 for each SLIC11 failure. The Contractor,EE&G Construction & Restoration, LLC, certifies or affirms the ti-Lithfulness and accuracy of each Statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of3 I U.S.C.Chap.38,Administrative Remedies for False Claims and Statements. apply, to this certification and diSCIOSLire. if any. ...................... SigilatUre of Contractor's Authorized Official Robert DeVito, Vice President of Operations_ 9/16/2024 Name and Title of Contractor's ALIthorized Official Date Page 37 of 53 Not Appficable DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to,'dis-cl-ose lobbying activities pursuant to 31 U S C 1352 0348-D046 (See reverse for public buirden disclosure.) 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: F-1 a. contract Ll a. bid/offerlapplication a. initial filing b. grant b. initial award b, material change c. cooperative agreement c. post-award For Material Change Only: d. loan year-quarter e loan,guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5, It Reporting Entity in No. 4 is a Subawardee, Enter Name L]Prime Ej Subawardee and Address of Prime: Tier . if on_qressional District, if kiggg.- Congressional District, d knQ.ym- 6. Federal DepaftimentlAgency: 7. Federal Program Name/Description: CFDA Number, if apakElaIgL -6-Federal'Action N L'i mb"e ..... g.Award........ Amount,i k a-Q,A'j'e't'j_;................................................................. ......... 10, a. Name and Address of Lobbying Registrant b. Individuals Performing Services (mcluding address if (if individual, last narne,, first n&Me, &fferent from No 10a.� 11astria,me, first name„ A41): 11, lnkxr';tt a a r v 7ruc i 91 rx it k1 11 r uror a aei thr rr rR 'rN wlt 11 it U G, Signature of Tut ""v; 11 !1" 1-fi"obn hx' fi"n "Au av", ' Flkrf,�,m� i�; —xjumd 11 �J��C 1352 Print Name, urdmnvgrm wW b� tero, ,j ,T, (',,,rp!-,—,r e,u,i,!,Y f ,r,d srr01 ,,;,6,t]1vVar r " m "" N"' A.y 1hu J'� r k�uoel Aibzju shat Titlei a u'0 k".-Ay A ra SOW 1 )�:t,v�jrr�foti� fi'(WMXI n'lch�'d'h0lge W Telephone No,: Date ............. AUthorued for Loca�Reproduction Federal Use Only: S tandard Form LLL(Rev.7-97) Page 38 of 53 INSTRUCTIONS FOR CONIPLIETION OF SF-LLL, DISC I LOSURE OF LOBBYING,ACTIVITIES ']'his disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action,or a material change to a preViOUS filjIlg,pursuant to title 31 U,S,C. section 1352.The filing of form is required lot-each payment or agreement to make payment to any lobbying entity fbr influencing orattempting 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 covered Federal action.Complete all items that apply for both the initial filing and material change report. Refer to the ini plementin-guidance published by the Office of Management and Budget foi-additional information. I. lclenfify the type of covered Federal action for which lobbying activity is and/or has been Secured to influence tile outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification ofthis report. If this is a F0110W Lip report caused by a material change to the information ffeViOUSly reported,enter the year and quarter in which the change Occurred.Enter the date ofthe Iasi 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 tile appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. ldentify the tier of the SUbawardee, the first SUbawardee of the prime is the e.g.,Z7 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 naille, address, city, State and zip code of the prime Federal recipient, Include Congressional District, if known. 6. Enter file 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 narne or description 6or the covered Federal action(item I).If known,enter the ftill Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative ag reements,loans,and loan commitments, 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g., Request for Proposal (RFP) 111.1111ber; Invitation for Bid (IFB) number; grant arillOUricernerit number; the contract, grant,or loan award IlUrnber, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-00 L" 9. Fora 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 tile 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 individuals)performing set-vices and include full address if different from III (a). Enter Last Name, First Name.and Middle Initial (N/11). 11.The certifying official shall sign and date the form,print his/leer name,title,and telephone number. AccordmL,to the Papenwrk Redw tioo Act.us amended.w persons are rC�jUired to respond to a collection ofmtormation unless a displays 1l valid OMB Control Number Hie valid ONIB control HU111ber for this information collection is OMB No 0348-004,6 PUMC reporOtwl Mirden for this coHection ofiNiurnatrori is estimated to average 10 minutes per response-ITICIUding time for reviewing,instructions.searching existing data sources,gadiering and maintainin-the data needed,mid comp0ehn-and reviov inp the cofleoioii of'm1brinafion Send comments r",ardmg the burden estimme or any other aspect ol'this collection of int6i-1110110il.IFIClUdITIU,S1,11-CStions tor reducing this harden,to the 01'fico ofMariagemem and ffildgCL Paperwork RCAI&On Protect(0348-0046h Washinoon,DC20,503, Page 39 o1 53 4 INSURANCE REQUIREMENTS AND FORMS I 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: I •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 m irumum of thirty(30)days prior notification is given to the County by the insurer. j i The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 3 3 Page 40 of 53 1 I I The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. I I i i i i I 1 i I Page 41 of 53 i PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS 1 Workers Compensation Statutory Limits i p ry Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily j Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned,non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION;HOLD-HARMLESS,,AND DEFENSE.-Notwithstanding any minimum _- insurance requirements prescribed elsewhere in this agreement,Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harrnless 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, subcontractors 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, I contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 42 of 53 contract shall be equal to the dollar value ofthe contract and not less than$1 mil lion per occurrence Pursuant to Section 725.06, Florida Statutes. The Ili-nits of liability shall be as set forth in the insurance requirements included in ParacTraph 3.Q, herein. Insofar as the claims. actions, Causes of action, litigation, proceedings, costs or expenses relate to events 01' Cil'CLllllStallCCS that Occur during the term of this Agreement, this section will Survive tile expiration of the term of this Agreement or any earlier termination of this Agreement. Ili the event that tile completion of the pro-lect (to Include the work of others) is delayed or Suspended as a result of the Contractot's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County frorn any and all increased expenses reSUltill- 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 steal I further defend any claim or action on the County's behalf, United States Department of the Treasm-y Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold hariTlIeSS the United States Department of the"Treasury and its officers and employees, from liabilities, damages, losses and costs, Including,, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Conti-actor and persons employed Or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity Of the United States or the County. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the 'insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. EE&G Construction & Restoration, LLC PROPOSER Signature Page 43 of 553 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 Crum & Forster Env Pkg EPK148655 $10,000 Liability policies are X Occurrence Claims Made Bellwether Insurance Group LLC QaW4�- Q�/� Insurance Agency Si ature Page 44 of 53 Not Applicable 1 i MONRO.E COUNTY,I+`.LORIDA 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: i Project or Service: i Contractor/Vendor Address&Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: _Signature of Contractor/Vendor:_ i Date: Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: � i Board of County Commissioners appeal: j Approved: Not Approved: Meeting Date: 1 Page 45 of 53 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 09/17/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bellwether Insurance Group NAME: Bellwether Insurance Group,LLC HCNN. Ext: (954)800-6400 a/c,No): (954)935-7597 225 SE 15th Terrace E-MAIL Certificates@bigriskmanagement.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Deerfield Beach FL 33441 INSURERA: CRUM&FORSTER SPECIALTY INSURANCE 44520 INSURED INSURER B: Vantapro Specialty Insurance Co 44768 EE&G Construction&Restoration,LLC INSURERC: AMERICAN INTERSTATE INSURANCE COMPANY 31895 14879 NE 20thAve INSURER D: FEDERAL INSURANCE COMPANY 20282 INSURER E N Miami FL 33181 INSURER F COVERAGES CERTIFICATE NUMBER: 24-25 EE&G Constr REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOt7tl'HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 50,000 X Contractors Pollution Liability MED EXP(Any one person) $ 5,000 A X Ind Asbestos/Lead Ops Y EPK-148655 08/18/2024 08/18/2025 PERSONAL&ADV INJURY $ 2,000,000 HGEWLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Professional Liability $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 5087-1095-01 03/30/2024 02/19/2025 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident Uninsured motorist $ 100,000 UMBRELLA LIAB X 5,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE EFX-125844 08/19/2024 08/19/2025 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X1 SPER TATUTE EORH USL&H AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A AVWCFL3250392024 02/19/2024 02/19/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ M Mold Ops-Claims Made Form old/Per Claim $1,000,000 A Bailees Coverage EPK-148655 08/18/2024 08/18/2025 Mold Aggregate $2,000,000 Bailees Coverage $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:All projects done during the Captioned Policy term. I �( Monroe County BOCC is listed as additional insured to the General Liability and Automobile Liability By DA 9. 4.24 WAMP �I ter- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. AUTHORIZED REPRESENTATIVE / r Key West FL 33040 - @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT i i I Page 47 of 53 E i 1 OM B Approved No, 1505-0271 Expiration Bate: 11/30/2021 U.S.MIARTMENTOPTHETREASURY CORONAVIRUS S PA rE AND LOCAL F[SC;AL RECOVERY FUNDS � Recipient name and raldross: DUNS Number:073876757 V.101-roe Comity Board orColoaliss ottexs Taxpayer Mentifieatiou Manber:596000749 1100 Simonton Street,Room 2.21.3 Assistance Listing Number and'1'it1c:21.027 Key West,Florida 33040 Sections 602(b)and 603(0)of the Social Security Act(tile Aot)as added by section 9901 of t11e American Rescue Plan Act,Pub.L, No.1.17-2(March 11,2021)autliorizeq the Department of the Treasury(Treasury)to make payments to certain reciplenttr from the Coronavirns Stato Fiscal Recovery Ruud and the Coronavirus Local Fiscal Recovery land. Recipients hereby agrees,as a condition to receiving such payment from 11reasuty,agrees to the terms attached horeto. Recipiient:: Bo 1^ Signed by Thia Tina V 1 1 Pie I2022 0 02 00:i 1. 2 n -MO, Authorized Representative Signature(above) Authorized Representative Namo: Tina Doan Authorized Representative Title: Senior Director Budget&Finance Date Signed: U.S.Dopalitnent of the Treasury: Authorized Representative Signature(above) Authorized Representative Name: Jacob Lcibenluft Authorized Ruprosentative'T'itle: Chief Rocovery C3fficer,Office tafRecovcry Pro1?ratns Date Signed: N1ay 14,2021 PAPS+RMIM RE DU(MON ACT hrOTICE The information collected will be vsvd for the U.S.Onvermentto procoss requests for support.The 09limared burdanassoointed with this colloution of information is 15 minutes per rospme,Cornments concerniltg the accuracy nrthis burden estimute and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,15W Pennsylvania Avo.,N,W.,Washington,D.C.20220,DO NOT send the fol'nt to Ois address,Ail tigenoy ntay riot conduct or spor ,sor,sold a potrnon is not required to respond to,a colloelion of inforroati.on unless ittlisplays a valid control nrnnbor assigned by Otv& i i Page 48 of 53 ' 3 `E[ I I U.S.Dr1XARTMMNT OF UYE TREASURY j CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS I 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will detennine prior to engaging in any project using;this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the elate hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.R.en2.dinn.Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. _4._Maintenance of and Accass,lo,24eSL a. Recipient shall maintain records and financial docutnents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations impletuenting those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or retuned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with funding from this award. 6.Administnytive Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharing.Cost sharing or matching funds are not required to be provider[by Recipient. 8.Con[Bets of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients 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. 9.Co iipliance with U121icable Law and R.eudations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury _ _pursuant to sections 66M(l)_and 64 (f)of Act,and guidance issued Treasu_ry_regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in.any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Aclm inistrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.fart 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. i ii. Universal Identifier and Systeru for Award Management(SAKI),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.I.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govermnentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's E implementing regulation at 31 C.F.R.Part 19. i Page 49 of 53 i 1 v. Recipient Integrity and Performance lvlatters,pursuant to which the award temp set forth in 2 C.F.R.fart 200, Appendix Xil to Part 200 is hereby incorporated by reference. vi. Govenvmntwide Requirements for Drag-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42U.S.C.§§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title W of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair 11ou3ing Act,Title V111 of the Civil Rights Act of 1968(42 U.S.C.§§3601 of seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability; iii. Section 504 of tlrc.Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance,; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age,in programs or activities receiving federal financial assistance;and v. Title E of the Americans with Disabilities Act of 1990,as amended(42 U.S.C.§§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 0.Rem odial Actions,In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program raquirem eats,Treasury anney impose additional conditions on the recoipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C,F..P-§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11. Uatch Aer-Recipient agrees to comply,as applicable,with requirements of the hatch Ant(5 U,9.C.§§1501-1508 and 7324-7328),which limit certain political activities of State or local goverment employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.LaIgg%t1c11 gntr.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. I 13,.,.1'!bligaliptig„Any publications produced with funds from this award must display the following language:"This project[is being]-(was]supported,_in whole or_in-part,-bxfederal award number_[enter-projectF'AIN]-awarded to Monroe Caunty-BQarc-al__ - - Commissioners by the U.S.Dofwtm cut of the Treasury.,, 14 _Dgbts Qwed the Federal GovernmQnt. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determ ined to be,authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been m isused;or (3)that are determined by Treasury to be sul3j ect to a repnym ent obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal gov eminent must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). � Treasury will take any actions available to it to collect such a debt. I i 1 Page 50 of 53 i 15.Djgc1a1n7P.P a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other lasses resulting in any way from the perform ante of this award or any contract, or subcontract under ibis award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. EL. In accordance with 41 U,S.C.§4712,Recipient in ay not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. AnItmspector General; iii, The GovennmentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi, A cmut or grand jury;or vii. A management official or other employee of recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct c. Recipient shall inform its employees in writing of the,rights and remedies provided under this section,in the predominant native language of the workforce. 17.1.ncreasim Seat.Delt Use in the Ijaited States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997),Recipient should encourage its contractors to adopt and enforce on-the-jab scat belt policies and programs for their erployees when operating company-owned,rented or personally owned vehicles. --- - -_ - _%-suant to Executive Order 13513,-74Ia 12 51225-(Oct.-0,2009),-Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient Should establish workplace Safety policies to decrease accidents Caused by distracted drivers. I f E i i Page 51 of 53 1 iE I OMB Approved No. 1505-0271 Expiration Date:1]/30/2021 ASSURANCE OF COTMI'LL3,NCE WITH CIVIL RIGHTS REQUIREMENTS ASSLUZANCE OF CONIPLIAM—F WITH TITLE V1 OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the 11onrce County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or Programs that provide direct benefits This assur-anct,applies to all federal financial assistance from or funcls made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above I. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as anictided-which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U S.C.§2000d et seq.),as uriplemented by the Department of the Treasury Title'vq regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13 166,directives;circulars,policies;memoranda and/or guidance documents, 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English Proficiency(LEP).Recipient understands that denying a person access to its programs, services.,and activities because of LEP is a forms of national origin discrimination prohibited under Title'�q of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3 Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,theDepartniant of the Treasury has published its LET) guidance at 70 FR 6067.For more information on LEP,please visit h I 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's,successors,transferees and assignees for the period in which such assistance is provided. 5 Recipient acknowledges and agrees that it must,require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title V[and its regulations between the Recipient and the Recipient's sub-grantees, contractors.subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,suecessor,franqferee,and assignee shall comply with Title H of Civil fthtsr]et of 19641 which prohibits recipients qffedetalfinancial assistance from excluding firom a program or activity,ckniring benefits of,'or otheiivise discrinfinafing against a person on the basis of race,color or national arigin(42 UX 2000detse q.),as implemented by the Deparhvent of the Treasui)KT Title 117 regulations,31 CFR Part 22, which are herein incorporated by reference and made a part Qfthis contract(or c,greemenl). Title T,7 also includes pruteclion to persons with "LinfitedEnghsh Prqfidenqv"in any program or activity receivingftderalfinancial assistance, 42 U&C'§2000d et seq.,as implemented 173,the 6eparinyent of the Treasupy'Y Title P7 regulations; 31 CFR Part 22,and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient under-stands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of situ ilar services or benefits.If any Page 52 CSC 53 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, T Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions,That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements 8. Recipient shall maintain a complaint log and inform the Department of the Treasury ofarry complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title Vl and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.Ifthe Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has notbeen the subject of any court or administrative agency finding of discrimination,please so state. 11). If the Recipient makes sub-aWaTcLs to tither agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title N71 and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations ofthis document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. 9/16/24 cipient Robert DeVito,VP Operations Date Tina Boao— D,, Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The infiamation collected will be ased forthe U.S.(3ovemment to process:retaiagIs foriupport.'rhe estimated burden associated with this collection of information is 15 rnintites per response.Corturients concerning Lhe accuracy of burden estimate and suggestions fir reducing this burden should be directed to the office of Privacy,Transparency and Records,Department ofttieTreasury,1500 Pennsylvania.Ave..N.W.,Washington,D.C.20220.DO NOT send the Rim to tads address M agency may not conduct or sponsor,and a person is not required to respond to,a collection ofinforrnaliort Ludess it displays a Valid control numberassigned by(AM, Page 53 of 53 ATTACHMENT B KEYS STEAM MASTER ESTIMATE FOR GATO BUILDING - SECOND FLOOR AIR DUCT CLEANING ql d� ,I yy�gdf i KEYS STEAM MASTER Estimate No: 384 PO Box 5543 Date: 09/19/2024 Key West,FI 33045 305 293 0023 For: KiKi Gonzalez/Cato Cigar Factory Solid West And Engineering Department Gonzalez-KiKi@onroeCounty-FL.Gov 1100 Simonton St Key West,FL,33040 Description Quantity Rate Amount 1-complete air duct cleaning throughout all registry supply and return with contact and negative air pressure 1 $5,500.00 $5,500.00 machine.We will create assess panel for complete decontaminate treatment throughout. Subtotal $5,500.00 Total $5,500.00 TOTAL r 500.00 1 / 1 ATTACHMENT C KEYS STEAM MASTER EMAILS REGARDING BID From: Collins- To: Thomason-Maroo Subject: Fwd: Looking for some guidance,Gato 2nd Floor Air Duct Cleaning Date: Monday,September 23,2024 1:45:50 PM Margo, Julie called me this morning and said this is enough documentation below to move forward with EE&G since Rug Busters was non responsive to the entire scope. Please pull an FY25 PO ASAP with ARPA funds. Please add this email to the req. Thanks Chrissy Sent from my iPhone Begin forwarded message: From: Collins-Chrissy <Collins-Chris sy@monroecounty-fl.gov> Date: September 23, 2024 at 10:49:00 AM EDT To: Cuneo-Julie <Cuneo-Julie@monroecounty-fl.gov> Subject: RE: Looking for some guidance, Gato 2nd Floor Air Duct Cleaning Hi I am free when ever you are. 305-304-9711 -thanks! Thanks, Chrissy Collins Building/Budget Administrator Facilities Maintenance Monroe County Public Works 123 Overseas Highway Rockland Key,Florida 33040 Phone:305 292-4431 Cell:305.304.9711 Collins- -fl. ov From: Cuneo-Julie <Cuneo-Julie@MonroeCounty-FL.Gov> Sent: Friday, September 20, 2024 6:03 PM To: Collins-Chrissy<Collins-Chrissy@MonroeCounty-FL.Gov> Subject: Re: Looking for some guidance, Gato 2nd Floor Air Duct Cleaning I am so sorry I am just seeing this. I was up to my ears in TDC stuff this afternoon. Can we talk Monday? I have a few questions that your answers may lead to more questions lol. Sent from my Phone On Sep 20, 2024, at 2:43 PM, Collins-Chrissy<Collins- Chrissy9monroecount -fl. ov>wrote: Happy Friday Julie! I have a strange one, that hopefully you can weigh in on. We sent out an RFP to EE&G and Keys Steam Master for the Gato 2nd floor air duct cleaning. The due date was September 12th. Both bids came in after the 12th. EE&G has completed the RFS ($13,880) and Keys Steam Master as of now has only submitted a regular quote ($5,500).We have asked them to complete the RFS and return by Wednesday at noon as this is a high priority project. Here is my concern- Kiki has had to beg Keys Steam Master several times to come out and bid the job. When the owner of Keys Steam Master finally came out this Monday, he expressed to Kiki that he didn't get the job last time 1 st floor duct cleaning) and what would he have to bid to get this job, and could we send him a copy of the proposal he sent for the last project that he bid on and didn't get awarded, since he couldn't find his previous bid in his records. Kiki told he could not send him the last bid nor could he tell him how to bid. Kiki told him it was up to him to determine how much he needed to charge. Keys Steam Master previous bid from May is attached —for the exact same job just different floors, he bid $15,000 in May and $5,500 this time.Also on this bid he did not include mold control/antimicrobial treatment with UVR fogger as he did on his 1 st bid which meets the requirement of Mod/Control/antimicrobial treatment as spelled on in the scope of work on the RFS. I question his bid as it does not address the complete scope of work and it is significantly lower than his bid just 4 months ago. Looking for direction on how we should proceed to get this job awarded and completed. Thanks! Thanks, Chrissy Collins Building/Budget Administrator Facilities Maintenance Monroe County Public Works 123 Overseas Highway Rockland Key,Florida 33040 Phone:305 292-4431 Cell:305.304.9711 Collins- -fl.gov ql d� ,I yy�gdf i KEYS STEAM MASTER Estimate No: 362 PO Box 5543 Date: 05/07/2024 Key West,FI 33045 305 293 0023 For: KiKi Gonzalez/Cato Cigar Factory Montoe County Administration And Social Services and health department Gonzalez-KiKi@MonroeCounty-FL.Gov 1100 Simonton St Key West,FL,33040 Description Quantity Rate Amount Estimate for air duct cleaning in social services department and health department. 1 $15,000.00 $15,000.00 1-complete air duct cleaning in all registry supply and return area throughout with negative air pressure machine and contact machine system.We will create assess panels in some areas to ensure complete decontaminate has been establish throughout plenum area area. 2-mold control/antimicrobial treatment with UVR fogger. Subtotal $15,000.00 Total $15,000.00 TOTAL r 000.00 1 / 1 Thompson-Margo From: Thompson-Margo Sent: Friday, September 20, 2024 8:24 AM To: keyssteammaster@gmail.com Cc: Collins-Chrissy; DeSantis-William Subject: RFS Gato 2nd Floor Duct Cleaning Attachments: RFS Gato 2nd Floor Duct Cleaning (Final legal stamped) corrected.pdf Follow Up Flag: Follow up Flag Status: Flagged Good morning, Your bid for the Gato 2nd Floor Duct Cleaning has been accepted. We have attached a Request for Service (RFS) that needs to be filled out, signed and notarized as indicated, and returned to us before noon on Wednesday, Sept 25, 2024. When you email the RFS packet back to us,please remit a copy of your Certificate(s) of Insurance (COI). Please ensure that the COI is current and has us named as the Certificate Holder and Additionally Insured(please see example COI within FRS packet). Thank you so much and we look forward to working with you! Respectfully, 'Margo Thompson Executive Assistant,Lower Keys Facilities Maintenance Monroe County Public Works Stop 9C 123 Overseas Highway (Rockland Key),Key West,FL 33040 Office Phone: (305)295-4307 1 Cellphone: (305) 393-2860 Thompson-Margo(a)MonroeCounty FL"gov www.monroecou Yov R Monroe County, Florida "The Florida Keys" i ATTACHMENT D 2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT EE&G CONSTRUCTION & RESTORATION, LLC 2024 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED DOCUMENT#L04000039405 Apr 15, 2024 Entity Name: EE&G CONSTRUCTION & RESTORATION, LLC Secretary of State 1000684617CC Current Principal Place of Business: 14879 NE 20TH AVE NORTH MIAMI, FL 33181 Current Mailing Address: 14879 NE 20TH AVE NORTH MIAMI, FL 33138 US FEI Number: 86-1 1 0661 0 Certificate of Status Desired: No Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MANAGER Title MEMBER Name WOODS,ADRIAN Name SCHAMBACH, DONALD Address 5751 MIAMI LAKES DRIVE Address 5751 MIAMI LAKES DRIVE City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: MIAMI LAKES FL 33014 Title MEMBER Title MEMBER Name GIPE,TIMOTHY R. Name SMITH, KIRK Address 5751 MIAMI LAKES DRIVE Address 14879 NE 20TH AVE City-State-Zip: MIAMI LAKES FL 33014 City-State-Zip: NORTH MIAMI FL 33181 Title MEMBER Name DEVITO, ROBERT Address 14879 NE 20TH AVE City-State-Zip: NORTH MIAMI FL 33181 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that l am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:ERIKA MORALES AUTHORIZED 04/15/2024 REPRESENTATIVE Electronic Signature of Signing Authorized Person(s)Detail Date ATTACHMENT E FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LICENSE DETAILS EE&G CONSTRUCTION & ELECTRICAL, LLC H 0II : IICIIo"II SII 0 1II : II 0IltioIIII o� i II o"Iltio ii I,zII sir 0II: , U1SIIIbII SS 18, o 0 II S S II 0 l/'"IL... II o II II[ G IU, IL.../!'" 0 l'"'l b i �� d�, �� Irti.%16i9pi� lug of["Hs sQ0 4IlyNll:�l 1�1 iA� i .) ,�� ,..f ;vs I'I ON LJII I I('mm SEER, III I('mmS ( I(mm°T III ILL 7:20:55 AM 9/24/2024 Apply foir a Il...li(;eiruu3e Licensee Information V,urity a I ei r,,e Name: WOODS,ADRIAN BRUCE (Primary Name) EE&G CONSTRUCTION &ELECTRICAL Vew Il:ood & Il..arda)iiirng Ilirn ,Ilrs;^a;fliio n,us LLC (DBA Name) idle CoirnIl:rll iiirnfl Main Address: 914 TILDEN OAKS TRAIL INTER GARDEN Florida 34787 G,o nfiiirnuuiurng I[E.duucafiio n Course County: ORANGE Search n V e Allr:flhc fiio n Status u.u,us License Information I iirnd Il::x irn Ilirnfoirimafliio n License Type: Certified General Contractor Rank: Cert General l,➢irflhceirn.,ed Aa;fliwrofly Search License Number: CGC1515204 All &i Il)s;^Iliiirnqu.us;^irnfl Ilirnvdoce&Acflvw i y Status: Current,Active u fl Search Licensure Date: 04/10/200 Expires: 0 /31/2026 Special Qualification Effective Qualifications Construction 04/10/200 Business Alternate Names Vie Il�OWed II ua;eirn,•e Ilirnfoirimafliio n Vew II ua eirn,use CoirnIlrll iiirnfl 2601 Blair Stone Road,Tallahassee FL 32399 :: Email:Customer Contact center:: Customer Contact Center:850.487.1395 The State of Florida is an AA/EEO employer.Copyright @2023 Department of Business and Professional Regulation-State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,please contact 850.487.1395.'Pursuant to Section 455.275(1), Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. ATTACHMENT F FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LICENSE DETAILS ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF EE&G CONSTRUCTION & ELECTRICAL, LLC IS AMENDED TO EE&G CONSTRUCTION & RESTORATION. LLC (Requestors Name) (Address) 100418427081 (Address) ^r � (CitylStatelZiplPhone 9) r : `� a — M i � h PICK-UP WAIT ❑ NAIL �� I �� Cn zC _ (Business Entity Name) � x.1. (Document!Number) Certified Copies Certificates of Status a Special Instructions to Filing Officer: r ' 01 %V=,t W Office Use Only COVER LETTER 1'0: ' Registration Section Division of Corporations EE&.G Construction& Electrical, LLC S U 13.J EC1': Name ut'Limited Liability Company The enclosed Articles of Amendment and ices)are st,hntitted For filing. Please return all correspondence concerning this matter to the following: Erika Morales Nance of Person EE&CG Construction& Electrical, LLC Finn/Company 3731 Miami Lakes Dr. E - Address Miami Lakes, Fl_33014 CitylState said Zip Code EN10RALES@EEANDG.00N1 E-mail address: (to be used cur future annual report notification) For further information concerning this matter,please call: ERIKA MORALES. 303 403-8644 at( ) Name of Person Area Code Daytime"telephone Number Enclosed is a check for the follwvinu amount: 01 S25.00 Filing-Fee S30.00 Filing Fee ❑ S33.00 Filing Fee& Ct S60.00 Filing Fee, Certificate of Status Certified Copy Certificate of Status& (additional copy is atclo<ed) Certified Copy iadditional copy is enclosed) Maillinz Address: Street Address: Registration Section Registration Section Division of Corporations Division of Corporations P.O. Box 6327 The Centre of"Tallahassee Tallahassee, 1-L 32314 241 5 N. Monroe Street, Suitc S 10 Tallahassee, FL 32303 CSC - Tallahassee CSC 1201 Hays Street Tallahassee, FL 32301-2607 850-558-1500, Ext: 61592 To: Department Of State, Division Of Corporations From: Alexxis Weiland-Sorenson Ext: 61592 Date: 12/08/23 Order#: 1329553-1 Re: EE&G Construction & Electrical, LLC Processing Method: Routine TO WHOM IT MAY CONCERN: Enclosed please find: Amount to be deducted from our State Account: $25.00 - FL State Account Number: 120000000195 r ' Al Authorization: Please take the following action: File in your office on basis Issue Proof of Filing Special Instructions.- Thank you for your assistance in this matter. If there are any problems or questions with this filing, please call our office. 1 InE V i �,r• .4 , t �aT� ti conef FLORIDA DEPARTMENT OF STATE Division of Corporations December 11, 2023 E � I T CSC "lease give original submission date as file date. SUBJECT: EE&G CONSTRUCTION & ELECTRICAL, LLC Ref. Number: L04000039405 Section 607.0120(4), 617.01201, or 605.0206, Florida Statutes, requires all corporate documents to be typewritten or printed in Ink. Remove the "DBA" statement in part (d). If you have any questions concerning the filing of your document, please call (850) 245-6000. Neysa Culligan Regulatory Specialist III Letter Number: 323AO0028176 � _ r m m cn .. www.sunbiz.oig Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 3231.4 ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION F I L t OF ?OP3 DEC -8 AN 10: ! ! FRI&G Construction&- Flectrical,1.1_C (Name of the Limited_Liahility Com aCom a�� as i[noH a ears on our records.j! ` " -- (A onf l cfa Limited Lia�i n� ornaany) -+L L ii}f S S E. Flo"' The Articles of Organisation for this Limited Liability Company were filed on 5/2412004 and assigned Florida document number L04000039403 This amendment i;submitted to amend the following: A. If amending name,enter the new name of the limited liability'company here: LUG Construction S Restoration, LLC The nexv name must be distinguishable and contain the word:"Limited Liability Company,"the designation•'LLC"or the abbreviation"- L.C.-Enter new principal offices address, if applicable: 3731 ,Miatni Lakes Dr. E, Mianii Lakes, FL 33014 tPrincipal office address MUST BE A STREETA DDRESS) Enter new mailing address, if applicable: 14879 NE 20th Ave. North M iami, I 33181 (r11ailin,ts address IIfA Y HE A POST OFI.7C'E BOX) B. If amending the registered agent and/or registered office address on our records,enter the name of the new registered went and/or the new registered office address here: 7slame of New Registered Agent: Ncw Roistered Office Address: Enter Florida sireei address Florida Citt' Zip Cede New Registered Agent's Siinature,if chan�inr Re_oistered A,terw I hereby accept the appointment as registered agent and agree to act to this caj)acii-v, I fierther agree to comply with the Provisions of all statutes relative to the proper and complete peiforinance of mt-(lobes, and I am familiar with and accept the obligations of m-v position as rc'gi.s•te�red agent as Provided for in Chapter 603, F:S. Or, if this document is heirtg filed to merely reflect a change in the registered office address, I hey-ebl'confirin that the lPtnited llabtlftt% contp(ltn has been notified in writing,of'ihiic change. If Changing;Registered Agent.Signature of Nest Registered Agent If amending Authorized Person(s) authorized to manage, enter the title, name, and address of each person being( added or removed from our records: •\1GR= Manager AM13R= Authorized :-Member "Title Name Address Tvve of Action N I G R Pabin Vegas 5751 Miami Lakes Dr. E. Ntiami Lakes. 1=1,33014 ❑Add ii Remove ❑Change ❑Add ❑Remove OCl�ar�ge ❑Add ©Remove ❑Chanac ❑Add ❑Re wove ❑Change ❑Add ❑Remove ❑Change ❑Add ❑Remove OChange D. If amending any other information, enter changes) here: (Am&-h additional sheels, 1f roccessUn-.) w 72, t� 1 v F. Effective date, if other than the date of filing: January 01, 2024 (optional) Wart art clTectiee date is listed.the date must be specific mid cannot be prior to date of filing or more titan 90 day,after f iling.i Pursuant to 605.0207(3)(b) Note: Ifthc date inserted in this block does not meet the applicable stawtory tiling requircments,this date�.vill not be listed as the d[tetntlent'S cftective date on the Department of State's records. It the record specifics a delayed effective date, but not an effective time.at 12:01 a.m. on the earlier ol: (b) The 9Uth day after the record is filed. December 6 2023 Dated l Signature n a member or authnri7ed represemative of a member Erika Morales Typed or printed name of signee Filing Fee: 525.00 ATTACHMENT G LOCAL BUSINESS TAX RECEIPT MIAMI-DADE COUNTY, STATE OF FLORIDA EE&G CONSTRUCTION & RESTORATION, LLC Local Business Tax Receipt Miami—Dade County, State of Florida —THIS IS NOT ABILL—DO NOT PAY 5621959 RECEIPT NO. \ILBTJ RENEWAL BUSINESS NAME/LOCATION 5863874 EXPIRES EE&G CONSTRUCTION & SEPTEMBER 30, 2025 RESTORATION LLC 14879 NE 20TH AVE Must be displayed at place of business NORTH MIAMI, FL 33181-1108 Pursuant to County Code Chapter 8A—Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED EE&G CONSTRUCTION & 196 GENERAL BUILDING BY TAX COLLECTOR RESTORATION LLC CONTRACTOR 264.00 07/15/2024 C/(�TIMOTHY R GIPF MG Worker(s) 83 CGC1515204 INT-24-431871 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles—Miami—Dade Code Sec Ba-276. MIAMI•DADE For more information,visit www.miamidade.gov/taxcollector