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Item R6 R6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting November 19, 2024 Agenda Item Number: R6 2023-3251 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard n/a AGENDA ITEM WORDING: Ratification of nine (9) small contracts signed by the County Administrator. ITEM BACKGROUND: The County Administrator pursuant to Monroe County Code and the Monroe County Purchasing Policy executed nine small contracts where the total cumulative value was less than $100,000.00. The contracts were between Monroe County and CAPCON Construction, Precision Contractors, Motorola, EE&G Construction, Check Electric, Symbiont Service Corp., Supreme Organics, Land Design, and Andrea Ceccolini. PREVIOUS RELEVANT BOCC ACTION: n/a INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Small Contract m CAPCON Construction 09.17.2024.pdf Small Contract m Precision F'AC 09.20.2024.pdf Small Contract m Motorola Renewal 09.24.2024.pdf Small Contract m EE&G Construction 10.03.2024.pdf Small Contract m Check Electric 10.10.2024.pdf Small Contract-Symbiont Service Corp. 10.1 8.2024.pdf 4460 Small Contract - Supreme Organics 10.30.2024_signed.pdf Small Contract - Land Design 10.30.2024_signed.pdf Small Contract-Andrea Ceccolini 10.30.2024_signed.pdf FINANCIAL IMPACT: n/a 4461 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000,00 and Under Contract with- GARCON Construction, fj Contract 4 Effective Date: 09,116/2024 Expiration Date: 09/ 0/2024 Contract Purpose/Description: Repair spalling at the Old Plantation Key Courthouse, Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Wendy Carter 786-929-5657 Project Management CONTRACT COSTS Total Dollar Value of Contract: $ 68,427.00 Current Year Portion: $ 681427.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the gos�fl .Daeo koa ,vr,aladlN Ld E'd00,000 00 or Budgeted? Yes❑■ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 001-22001-00036 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 ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Cary Vick Dag"a'"s4.09.3Y 93558- Date:20sig-d b g9:3B.58-04'00' Nathalia M. Archer Digitally slgoed by Nathalia M.Archer County Attorney Signature: Date 2024.09.1314 5803-0400 Risk Management Signature: ` -"'' - • t. "" ��° lbrcu Purchasing Signature: Lisa Abreu Digitally 20240913y Lisa 07-0 Date:zozasa 1315 ss m-oa ss John Quinn Digitally signed by John Oulnn OMB Signature: Date:2024.0913 16:09:30-04•00• Comments: Revised BOCC 4/19/2023 Page 84 of 105 4462 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR PLANTATION KEY OLD COURTHOUSE SPALLING REPAIR NON-MANDATORY/ Pre-bid Job Walk for the PLANTATION KEY OLD COURTHOUSE SPALLING REPAIR, shall be held at the jobsite: 88770 Overseas Hwy., Plantation Key, FL, on Wednesday, September 4, 2024 at 9:30 am u z iiihh l BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tern James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 ACTING COUNTY ADMINISTRATOR Kevin Wilson Clerk of the Circuit Court Interim Project Management Director Kevin Madok Cary Vick August 2024 PREPARED BY: Monroe County Project Management Page 1 of 46 4463 Monroe County Project Management Date: 8/30/24 Scope of Work Spalling repair of eight (8) concrete columns and one (1) location on exterior wall of the Courthouse building as shown on the March 21, 2023, K2M Design report. See EXHIBIT "A". Repair criteria and specifications are provided on EXHIBIT "B". ALL work shall be completed no later than September 30, 2024 Job Name: PLANTATION KEY OLD COURTHOUSE SPALLING REPAIR Job Location: Monroe County Old Courthouse 88770 Overseas Highway Plantation Key, FL 33070 Contact: Project Management Wendy Carter Irteii ,, ir1dy,r i�°o rou a°c ac uu�u t ,,,,tll, av (786) 929-5657 Facilities Maintenance Willie DeSantis s ,g„n,�,G. ,:,° ii,Il„I[l.ai��inCu rnou�nroeco�.�ii°nt. ,,,,fl1. . oov (305) 797-1250 .......... ............ ............ ........................ ............ ............ ............ ............ ............ .............. .......... ............ ............. ..................... PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview a. Spalling repair of eight (8) concrete columns and one (1) location on exterior wall of the Courthouse building as shown on the March 21, 2023, K2M Design report. See EXHIBIT "A". Repair criteria and specifications are provided on EXHIBIT "B". b. A non-mandatory job walk is scheduled for Wednesday, September 4, 2024, at 9:30 A.M. at the jobsite. All Quotes are due by Friday, September 6, 2024, 3:00 P.M. via email to Carter-Wendy@monroecounty-fl.gov. Page 2 of 46 4464 2. Project Intent and Scope Scope of Work: Spalling repair of eight (8) concrete columns and one (1) location on exterior wall of the Courthouse building as shown on the March 21, 2023, K2M Design report. See EXHIBIT "A". Repair criteria and specifications are provided on EXHIBIT "B". The Contractor shall be responsible for furnishing and installing a complete spalling repair job as shown on the construction drawings and as described in this request for services and in the attached exhibits. Time is of the essence on this project and ALL work shall be completed no later than September 30, 2024. 3. Summary of General Requirements a. Contractor is required to provide protection for all existing surfaces, including but not limited to: i. Vehicles and Personal Property ii. Trees and Landscaping iii. Asphalt Road and walking asphalt sidewalks and any concrete sidewalks. iv. Buildings b. Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. Contractor shall provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. d. Contractor shall load, haul, and properly dispose of all construction debris and materials. e. Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. f. Contractor shall furnish all required work site safety equipment. g. Contractor shall furnish and maintain on-site safety data sheets ("SDS") for all materials used in the construction. h. Construction work times shall be coordinated with the Project Manager and may extend outside the normal working hours which are 8:00 a.m. to 5:00 pm. i. All materials shall be approved by submittal prior to commencement of work. Page 3 of 46 4465 j. Contractor shall provide a lump sum price by Friday, September 6, 2024, at 3:00 P.M. via email to Carter-Wendy@monroecounty-fl.gov. k. Contractor needs to be aware of weather and location and plan accordingly. I. Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. m. Contractor shall provide a safety lift plan for all crane/hoist work. n. Contractor shall provide schedules for all phases of the project. o. Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. p. Contractor shall coordinate all activities with concurrent site work being performed. q. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page: http://fi-monroecounly.civicplus.com/Bids.aspx?CatlD=l r. Insurance Requirements: Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person, $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage Page 4 of 46 4466 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 polices. s. The Contractor shall be required to secure and pay for all permits required to perform the work. t. 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. u. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this 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.r. 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, Page 5 of 46 4467 this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the (County) Agency's sovereign immunity. v. 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. w. 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/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Page 6 of 46 4468 x. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship, and disclosure or use of certain information. y. 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: i. 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. ii. 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. iii. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). iv. In the statement specified in subsection (i), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. v. 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. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY. 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 or COUNTY agrees to comply with all Page 7 of 46 4469 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 on the basis of race, color 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 handicaps, 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Page 8 of 46 4470 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page 9 of 46 4471 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. II. TERMINATION. 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 CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. 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 Page 10 of 46 4472 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. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, 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 and audit purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid by the COUNTY. IV. PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. CONTRACTOR shall be referred to herein also as "Contractor" for this provision only: Page 11 of 46 4473 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. Page 12 of 46 4474 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# 305-292-3470 BRADLEY-BRIAN(ci)MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. V. RIGHT TO AUDIT. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion. The County Clerk possesses Page 13 of 46 4475 the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. VI. PAYMENT OF FEES/INVOICES Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner. VII. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Vill. NOTICE REQUIREMENT Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: Page 14 of 46 4476 For Contractor: Carlos A. Padron, Owner and Operator 353 Sound Drive Key Largo, FL 33037 For Owner: Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, Florida 33040 IX. UNCONTROLLABLE CIRCUMSTANCE. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project, (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project, (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. 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 Page 15 of 46 4477 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 Article II concerning termination or cancellation. Page 16 of 46 4478 PROPOSAL FORM PROPOSAL TO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: _CAPCON CONSTRUCTION CORP. CGC1528760 CARLOS A. PADRON, OWNER The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: PLANTATION KEY OLD COURTHOUSE SPALLING REPAIR 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 cond'itions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this, Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed or Purchase Order, which commencement of performance may include applying for a permit if one is required for the Project. If a permit is required for the Project, Contractor agrees to commence further performance of its work within Ten (10) calendar days of issuance of the permit. The undersigned shall accomplish Final Completion of the Project on or before September 30, 2024, unless an extension of time is granted by the County Page 17 of 46 4479 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. SIXTY EIGHT THOUSAND FOUR HUNDRED TWENTY SEVEN Dollars. (Total Base Proposal- words) $ 68,1427.00 Dollars. (Total Base Proposal — numbers) I acknowledge receipt of Addenda No.(s) or None No. Dated_ No. Dated Page 18 of 46 4480 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 Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to, bind the entity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: CAPCON CONSTRUCTION CORP. Mailing Address: 353 SOUND DRIVE KEY LARGO, FL 33037 844896295 Phone Number: 786-719-0033 E.I.N.: Email: CARLOS@CAPCONCGC.COM Date: 09/0'6/2024 Signed. Name Title Contractor's Witness signature: q � Witness name: Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA y Digitally signed by Christine Hurley Christine H u r le Date:2024.09.16 17:40:24 @CAW.' By. County Administrator or Designee APPROVED AS TO FORM&LEGAL SUFFICIENCY Monr4e,County Attorney's Office 14 0 k t,J0 N t Iia Mellies Archer Assitt,County Attorney Page 19 of 46 4481 NON-COLLUSION AFFIDAVIT I, Carlos Padron of the city Key Largo according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Carlos Padron of the firm of CAPCON Construction Corp. the proposer making the Proposal for the project described in the notice for calling for proposals for: Plantation Key Old Courthouse Spalling Repairs and that I executed the said proposal with full authority to do so', 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with, any other proposer or with any competitor- and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowled ge ect. (Signature ofProposer) (D/ate) STATE OF: FbmA�, COUNTY OF: MOM` ,OV-7 Subscribed and sworn to (or affirmed) before me, by means ofX'physical presence or El online notarization, on _5_t:X- (� 2-111 � (date) by C t (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. -le NOTARY PUBLIC (SEAL) 15, My commission expires: #HH312687 ` A. Isl..... 0 of 46 1/,;#"11/C gm, Page 2 * 4482 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CAPCON CONSTRUCTION CORP. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County ffic o e oyee". (Signature) Date: STATE OF: Floq�AA COUNTY OF: M o N P,0 Subscribed and sworn to (or affirmed) before me, by means of physical presence or F1 online notarization, on se'l:j�t"bE-2 02- by A�QLO�Sp J\ N ZL_�_ (date) ..... (name of affiant). He/She is personally known to me or has produced (type of identification) as identification, AA' n:�, NOTARY PUBLIC (SEAL) My commission expires: 15 , Z04o a 'N �Vp�VEs? 5, #HH312687 0.: Z tZ STAlk, Page 21 of 46 4483 DRUG-FREE WORKPLACE FORM The undersigned vendorinacoondmncewithF|nridoStotute Section 2D7.O87hamabwoer§fies ths�� - � CAPCON CONSTRUCTION CORP. (Name of Business) 1 Publishes e statement notifying employees that the unlawful rmsnufactupe, distribution, d|mponsing, poamessiou, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug oounsa|img, rehabilitation, and employee assistance programs, and the penalties that may be 'imposed upon employees for drug abuse violations, 3 Gives each employee engaged in providing the commod'ities or contractual services that are under proposal e copy of the statement specified im subsection (1). 4. /m the e1otgmnentupecj�ed in subsection (i), notifies the emmp[oyeos that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the staternent and will notify the! employer of any conviction of, or plea of guilty or nm3o cunbendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes m sanction on, or require the satisfactory participation ina drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who isoo convicted. 6. Makes a good faith effort to continue to maintain m drug-free workplace through implementation of this section. Ao the person authorized to sign the statement, ] certify above naqm|nennants. Date STATE OF: FLoRwA COUNTY OF: 1"-\ot,4 Po e Subscribed and sworn hz (or affirmed) before me, by means cf Xhysical presence or OonUime nm��r��rzmb on, on (date) by (name of affianQ. He/She is Rersonally knownbomeor has produced (type ofidentification) as identification, ou» NOTARY PUBLIC (SEAL ��oommiun�n expires #HH312687 A: CT Page%2nf46 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder CAPCON CONSTRUCTION CORP., Date: 09/06/2023 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request forbids or proposals? YES (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County? YES (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 353 SOUND DRIVE KEY LARGO, FL 33037 Telephone Number: 786-719-0033 B. Does the vendorlprime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? NO If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1)year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bids or proposals) Tel.Number 786-719-0033 Address-353 SOUND DRIVE KEY LARGO, FL 33037 Print Name-. CARLOS A. PADRON----) Signature and Title of Authod 1�d __!n Bidder/Responder STATE OF: COUNTY OF: Q t44 Subscribed and sworn to (or affirmed) before me, by means of;Kphysicm presence or 0 online notarization, on ::xL__ f-_- fV\6R_ 6 202A (date) by (name of affiant). He/She is pnonall�r known to me or has produced (type of identifi ion) as identification. Una Q NOTARY PUBLIC ..V.E..R. 4,(SEAL) My commission expires: E,o 0 2� J. •4, #HH312687 Page 23 of 46 ZIt C,ST "I'lihillm 4485 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither CARLOS A. PADRON (Proposer's name) nor any Affiliate has been place o 1§,) victed vendor list within the last thirty-six (36) months, (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of)4,physical presence or El online notarization, on a 2,06 (date) IN by UA(6y, W\A ito (name; of affiant). He/She is personally known to me or has produced (type of identification) as identification. Aud-a- V I A-MCL NOTARY PUBLIC (SEAL) My commission expires: \NVER/V SS k#HI4312687 ""I'111 Z/C sTo- 16111ill"ON wti Page 24 of 46 4486 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): 353 Sound Drive Respondent Vendor Name: 353 Sound Drive Vendor FEIN: 84-4896295 Vendor's Authorized Representative Name and Title: Carlos A. Padron, Owner and Operator Address: 353 Sound Drive City: Key Largo State: FL Zip: 33037 Phone Number: 786-719-0033 Email Address: Carlos@capconcgc.com Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. Certified By: Carlos A. Padron , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Carlos A. Padron Title: Owner and Operator Note: The List are available at the following Department of Management Services Site: orida.co /business o eraions/state urchasin /vendor information/convicted sus .............................................................................................. ended discriminator co Taints vendor lists Page 25 of 46 4487 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: CAPCON Construction Corp. Vendor FEIN: 84-4896295 Vendor's Authorized Representative: Carlos A. Padron, Owner and Operator (Name and Title) Address: 353 Sound Drive City: Key Largo StateFL Zip: 33037 Phone Number:_786-719-0033 Email Address: Carlos@capconcgc.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; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally,Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Carlos A. Padron who is authorized to sign on behalf of the above referenced company. Authorized Signature: f�r� Print Name: Carlos A. Padron Title: Owner and Operator Page 26 of 46 4488 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contractor imposed by law. Page 27 of 46 4489 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 28 of 46 4490 Docusign Envelope ID:F31A2D19-F522-476C-9743-7E7EF15DOAA6 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or Page 29 of 46 4491 Docusign Envelope ID:F31A2D19-F522-476C-9743-7E7EF15DOAA6 expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.r. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the County. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. / r r` f CARLOS A. PADRON PROPOSER Signature Page 30 of 46 4492 Docusign Envelope ID:F31A2D19-F522-476C-9743-7E7EF15DOAA6 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability $2,500 Bodily Injury/$2,500 Property Damage Liability policies are x Occurrence Claims Made DocuSigned by: The Risk Management Group ( 9649699BFRRG49[;— Fr 9wfa Insurance Agency Signature Page 31 of 46 4493 EXHIBIT A Report by K2M Design, Inc. Page 33 of 46 4494 1 EU C3 March 21", 2023 TO: Kevin Wilson Monroe County Administrator 1100 Simonton Street Key West, FL RE: Monroe County Old Courthouse 88770 Overseas Highway,Tavernier, FL Site Inspection on March 14th,2023 Job Number:#23813 ENGINEER: K2M Design, Inc. Steven S. Grasley, P.E. Eddie Blanco, E.I. 3000 Overseas Highway Marathon, FL 33050 (305)289-7980 Kevin Wilson,County Administrator: K2M Design was asked to provide a spalling observation of the old Monroe County Courthouse. Eddie Blanco arrived at 1:30 PM. to perform the observation and documentation and was met by Robert Glassmer of Monroe County. This report is meant to comment on the condition and severity of spalling and to offer our recommendations. Criteria: The inspection team will identify and classify spalling and potential spalling. Classifications will be noted (location- by-location)on unit floor plans, according to the following: 1. Class"A"—Immediate remediation required—Safety hazard 2. Class"B"—Remediate within 1—2 years: a. Inspection team will provide guidance on what sealing or other work should be done now to prevent further deterioration until remediation takes place. 3. Class"C"—Remediate within 3—4 years: a. Inspection team will provide guidance on what sealing or other work should be done now to prevent further deterioration until remediation takes place. 4. Class"D"—Watch List: a. For long term potential future remediation. Post Survey Action:The Monroe County Administrator will: 1. Secure a cost estimate for Class "A"and "B"spalling. BUILII ANC RELATIONSHIPS BASAWD ON'TRUST AND RESULTS. PROF.REG.AA26001 059 I CAS Lic,No� 30945 P 1,0.5,289 4495 K, V1 EU C3 Spalling Report Overview: Spalling was observed at the 8 columns visible in the atrium area of the building.The reinforced concrete columns are 8"x16"in cross section.The extent of spalling observed at these columns were confined to the base and extend approximately 3 LF up from the finished slab on grade elevation.The main vertical reinforcement and dowels were visible in 7 of the columns at the time of the inspection and showed signs of severe deterioration. Of the damages observed, approximately 3 CF of repairs are required at each of the 8 columns. It is recommended to chip around the exposed reinforcement, remove corrosion, and measure rebar diameter to determine the full extent of deterioration. To determine the extent of spalling below the finished slab on grade, it is recommended to cut the existing slab back from one of the columns and inspect the condition of the column below the slab.This will allow for an accurate estimation of damages and the appropriate repair procedure. Below you will find typical spalling repair guidelines o be used for bidding purposes and photos of the damages observed at the time of the observation. Guidelines: The following is offered for guidance to the contractor and general information to the building owner(s). During repairs, conditions may be exposed which require further inspection by the engineer and more specific instructions for proper repair. 1) All work shall comply with applicable codes including, but not limited to FBC 2020 plus supplements,ASCE 7-16, ACI 318 latest, etc. 2) The contractor making the repairs shall be responsible for the means, methods, techniques, sequence, procedures, and all safety aspects of the construction. 3) The contractor shall protect all utilities and shall be responsible for any damage at his/her expense. 4) Remove all non-structural items attached to the area of repair to allow full access to the repair. 5) Post shoring or other suitable shoring shall be installed to relieve loads from the structural components being repaired. Each post shore shall be capable of supporting at least five thousand pounds indefinitely and shall be placed in a proper manner. Contact the engineer if further assistance or specific shoring design is required. 6) Repair procedure is as follows: (a) remove all spalled and cracked concrete from all surfaces of the structural component down to sound concrete and remove all concrete in contact with corroded reinforcing to create at least a half-inch tunnel around the exposed reinforcement where necessary. Remove concrete by chipping. No more than one-third of any span shall be removed and repaired at any time.The remaining span lengths shall be shored. (b) clean exposed steel reinforcement to remove all rust and scale and clean the newly exposed chipped sound concrete surfaces. Remove all loose material, wet concrete,traces of oil,grease, laitance,form treatments,etc. (c) completely coat the exposed steel reinforcement with a rust inhibitor such as corroseal to isolate the bars from the new repair concrete material that will be used. BUILII ANC RELATIONSHIPS BASM ON'T'RU aT AND RESUYLI'S. PROF.REG.AA26001 059 I CAS Lic,No� 30945 P 1,0.5,289 4496 1 EU C3 (d) add anchors, stirrups, etc., as necessary to provide for proper attachments of the repair material as detailed in the specific repair instructions or design. (e) use approved bonding agent to improve cold joint bond between all exposed old surfaces and the new concrete or patching material. (f) apply patching material to match the existing concrete. 7) The bonding and patching agent shall be speed crete redline or equivalent and shall be applied according to the manufacturer's recommendations. 8) Nonstructural minor cracks should be opened to remove loose material. Such cracks may be sealed with polyurethane prior to resurfacing with concrete. 9) If any reinforcing steel is found to be degraded by more than 30% of its original diameter it shall be removed and replaced with new steel. 10) Forms shall be constructed to match the existing finished shape unless specified otherwise. 11) Any concrete used in the repair shall have a 28-day compressive strength of 5,000 psi minimum. 12) The contractor shall contact the engineer for further design detail if there is believed to be any need for a special admixture or procedure during the repair. 13) Contact k2m design, inc.For further guidance if the above instructions cannot be achieved or result in a conflict. BUILII ANC RELATIONSHIPS BASED ON'T'RU aT AND RESUYLI'S. PROF.REG.AA26001 059 I CAS Lic,No� 30945 P 1,0.5,289 4497 K, V1 Eu C3 Location/ID Comments Photo COURTHOUSE Grade A—Spalling at base of 8"x16" Atrium Column 1 rectangular concrete column.Main I vertical reinforcement and dowels are visible at both corners of the column. Spalling travels approximately 30"up from finished slab. Pa� , Vertical reinforcement and dowels have degraded enough to require IIO reinforcement repairs. This condition occurs at all 8 concrete columns visible in the atrium area "ice COURTHOUSE Grade A—Vertical reinforcement and h r�F Atrium Column 1 dowels have degraded enough to require reinforcement repairs.Shear ties are also visible and have degraded g significantly. � i f Wpm n � �,�� ,� y, �� Ire I'i✓�� 7i,�„ BUILE ANd: REhATAONSHIPS BASED ON'TRUST AND RESULTS. i'ROFAEG.AA26001 059 I CA Lic,Noy 30945 P 305,2 9 4498 KIEu VI rrrrrrrrr C3 COURTHOUSE Grade A—Spalling at base of 8"x16" Atrium Column 2 rectangular concrete column.Main vertical reinforcement and dowels are �ppp visible at both corners of the column. Spalling travels approximately 36"up from finished slab. �J r ` Vertical reinforcement and dowels l have degraded enough to require reinforcement repairs. r � li 9r w✓p+, r r It✓i j r��fr/off�� y; I' / fib Y n lii k V!r!��i r /� ii/i �i�l+r xr✓� �r t r��ur/l, � � C r COURTHOUSE Grade A—Spalling at base of 8"x16" u Atrium Column 3 rectangular concrete column.Main ! 0� vertical reinforcement and dowels are visible at both corners of the column. Spalling travels approximately 30"up A from finished slab. �f Vertical reinforcement and dowels have degraded enough to require reinforcement repairs. �imTYQ : r✓ faf I / r r r/ �/�jr %u�Y BUILI`:)ANd: RELATIONSHIPS BASED ON'TRUST AND RESULTS. i'ROFAEG.AA26001 059 I CA Lic,Noy 30945 P 305,2 9 4499 KIEu VI rrrrrrrrr C3 COURTHOUSE Grade A—Spa I I in at base of 8"x16" Atrium Column 4 rectangular concrete column.Main vertical reinforcement and dowels are visible at both corners of the column. i ,� Spalling travels approximately 36"up from finished slab. Vertical reinforcement and dowels have degraded enough to require reinforcement repairs. , r COURTHOUSE Grade A—Spalling at base of 8"x16" Atrium Column 5 rectangular concrete column.Main vertical reinforcement and dowels are visible at both corners of the column. ro Spalling travels approximately 30"up from finished slab. �� r � Vertical reinforcement and dowels have degraded enough to require �� reinforcement repairs. ff/ III N I A i BUILI`:)ANd: RELATIONSHIPS BASED ON'TRUST AND RESULTS. i'ROFAEG.AA26001059 I CA Lic,Noy 30945 P 30.5,289 4500 Eu K, V1 C3 COURTHOUSE Grade A—Spalling at base of 8"x16" i/ Atrium Column 6 rectangular concrete column.Main r vertical reinforcement and dowels are r �, visible at both corners of the column. s; Spalling travels approximately 36"up from finished slab. ` Vertical reinforcement and dowels / have degraded enough to require reinforcement repairs. it ...........�i�/i//r ii 1J�s %ro i 1// i / COURTHOUSE Grade A—Spalling at base of 8"x16" " � ''' umluuglllll�di�� Atrium Column 7 rectangular concrete column.Shear ties visible at base and degraded. Di Spalling travels approximately 24"up wQ from finished slab. r r r/ro Iry, i 4u � / r/ W!>§ U i RE o i � BUILE ANd: RELATIONSHIPS BASED ON'TRUST AND RESULTS. i'ROFAEG.AA26001 059 I CA Lic,Noy 30945 P 305,2894501 KI VI Eu C3 COURTHOUSE Grade A—Spalling at base of 8"x16" � ��Atrium Column 8 rectangular concrete column.Main vertical reinforcement and dowels are o P Jrf ,/I visible at both corners of the column. Spalling travels approximately 36"up from finished slab. Vertical reinforcement and dowels have degraded enough to require reinforcement repairs. / i r r � r d r i COURTHOUSE Grade A—Vertical reinforcement and Atrium Column 8 dowels have degraded enough to require reinforcement repairs. ) U" d uu ,��r £ rV�pY; r"✓ v' a iiu'vvr ! � /N,„�„� � , ✓ sum y, �+'1^ il' /�i/� i 4 i sir r BUILI`:)ANd: NeiEhATAONSHIPS BASED ON'TRUST AND RESULTS. M D E S G N C 0 IA 3000 Overseas, INSagh ay - Marathon, II"L 3�a� i'ROFAEG.AA26001059 I CA Lic,Noy 30945 P 30.5,289 4502 KI VI Eu C3 COURTHOUSE Grade A—Spa IIing at top of concrete Exterior Corner stem wall with horizontal Near Sheriff's Office reinforcement visible. Entrance i µs Approximate length of horizontal crack =6LF Vertical crack appears to be in stucco finish following the wall/corner column d u edge. f� E q� t' a/ fa ri COURTHOUSE Grade A Horizontal rebar degraded g Exterior Corner and visible in 2 LF section,requires Near Sheriffs Office rebar repair. Entrance � 7 r, BUILI`:)ANd: RELATIONSHIPS BASED ON TRUST AND RESULTS. i'ROFAEG.AA26001059 I CA Lic,No� 30945 P 30.5,289 4503 EU K, V1 C3 The undersigned attests without prejudice that the above statements are true and correct to the best of my professional abilities. Investigation performed & report prepared by: E01 01 '?'La VLoo Eddie Blanco, E.I. Engineer B U I L 1)A N G R E L AT�0 N S H I P S B A S I-D 0 N TR U ST A N 1) RESULTS. ............................................................................................................................................................................................................... K 2 M D E S � G N . C 0 M 3000 Overseas, Mghway - Marathon, "L 3 PROF.REG.AA26001 059 I CA Lic,Noy 30945 P: -305,2894504 Nor, z JOB „` ,. ,�. �.. k2mdesign.com SHEET NO ......... OF ......... W 855.866.4K2m K ? MC3 CALCULATED BY,,, ...... ......... DATE CHECKED B�Y,e........... ...... DATE. SCALE .. Y l �--- .m ......._....._ _... b „ a� �.._... @rye a % f R _._. .........�.. ... 0 OLb AiokritoE Camay C N Ouse ° f 4505 r� arr� ref D PRODUCT207 EXHIBIT B Spalling Repair Details Page 45 of 46 4506 O40££l3'153M A3N'1S NOlNOIrV N5.IL Smom orond AINnoo 30bNOA - O' .1 0 3� Q OLO£E l3 3'IN213�V1 HSO NLL88 �~ � ONII]VdS-AsnOHI2jno0 P OO - _ = al0 AlNnO3 30bNOW - - - W oz�= u) - O 0 ( F Lu O J U a� e � Lu O - - Lu )- Q o� J d Z Z � O Q U U U W O} }W & G U W Q W U �Z 02 Q U a Q W Of fr W Q J — U d W W W W d u) —— C7 > ® UO ~U - H O - w o o cD �F w z W ~ Lu z m z Z a » J :i - U � w W O w€w - W ti e LL w x Z y O cn = 3x 3' LL W a�_ � - z- z 3 CD �Ew W cn — —U _ - -Pm w 0 m LL 5= � z � mE a t�_ `� �O Lu - E H W Lu Lu W 4507 DATE(MM/DD/YYYY) ACCO " CERTIFICATE O LIABILITY INSURANCE 9/12/2 24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION O YAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN ,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI TE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLD R. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED a policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lie of such endorsement(s). PRODUCER CONTACT Sophie Lopez NAME: The isk Management Group,Inc aCNN. Ext: (786)581-5550 ac No): (786)551-0156 7300 N Kendall Dr#202 ADDRESS: coi@trmg.net INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 3315 INSURERA: Sutton Specialty Insurance Co 16848 INSURED INSURER B: Capcon Construction Corp. INSURER C: 353 Sound Dr INSURER D: INSURER E: Key Largo FL 3303 INSURER F: COVERAGES CERTIFICATE NUMBER: CL 2032408 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITIO OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY H E BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY MBER MM DY EFF MM DDY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F OCCUR PREMISES Ea occurrenc $ 50,000 MED EXP(Any on p rson) $ 5,000 A Y ISCP040000239 2/21/2024 02/21/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PE : GENERAL AGGREGATE $ 2,000,000 X POLICY OJECTPRO- LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per per on) $ OWNED SCHEDULED BODILY INJURY(Per acci ent) $ AUTOS ONLY AUTOS HI ED NON-OWNED P OP ER DAMAGE $ AUTOS ONLY AUTOS ONLY P r accid nt UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE r '. AGGREGATE $ A'7 DED RETENTION$ $ WORKERS COMPENSATION �p PER OTH- AND EMPLOYERS'LIABILITY ,,,y,„„, - STATUTE ER YIN ANY PROPRIETO /PARTNER/EXECUTIVE . .-, E.L.EACH ACCIDENT $ OFFICE /MEMBE EXCLUDED? ❑ N/A 9. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If ye,d scribe un er y,y0 { DESCRIPTION OF OPERATIONS below 'P"�' ' -`,, E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remark Schedule,maybe attached if more space is required) License Number CGC1528760 Certificate Holder is an additional insured and r General Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 3304 Fra4,Lk @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name a logo are registered marks of ACORD 4508 79/12/2024 E(MM/DD/YYYY) A�R`" C RTIFICATE OF LIABILITY I URANC THI CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS C RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSUR D,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). PRODUC R CONTACT NAME: Workers'Comp Department SUNZ Insurance Solutions, LLC. ID: (TLR) PHONE o �: 727-520 7676 X3 FAX No: 727-525 3862 c/o TLR of Bonita, Inc E-MAIL 700 Central Ave, Suite 500 ADDRESS: CertS encorehr.com St. Petersburg, FL 33701 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: SUNZ Insurance Company 34762 INSURED INSURER B, TLR of Bonita, Inc dba EnterpriseHR 700 Central Avenue Suite 500 INSURER C: St. Petersburg FL 33701 INSURERD: INSURER E INSURER F: COVERAGE CERTIFICATE NUM R: 81858816 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYP OF INSURANC ADDL SUBR POLICY NUM ER MM POLICY EFF MM POLICY EXP LIMITS LTR COMMERCIAL GEN RAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE TO S(RENTED CLAIMS-MADE PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ PRO- POLICY JECT LOC I '�ISX „'T PRODUCTS-COMP/OP AGG $ OTHER: w) ^p $ AUTOMO ILE LIABILITY 4 ^ _. „„,",,,,,.� COMBINED SINGLE LIMIT $ Ells" � Ea accident ANY AUTO 9 13 24 BODILY INJURY(Per person) $ OWNED SCHEDULED ; I -- AUTOS ONLY AUTOS ,.n, BODILY INJURY(Per accident) $ HIRED NON-OWNED 1 PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UM RELLALIA OCCUR EACH OCCURRENCE $ EXC SS LIA CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKER COMP NSATION WC039-00001-024 6/1/2024 6/1/2025 �/ SPER TATUTE EORH AND EMPLOY RS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1 00O 000.00 OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in H) E.L.DISEASE-EA EMPLOYEE $1.000.000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000.00 DESCRIPTION O OPERATIONS/LOCATIO S/VEHICL S(ACORD 101,Additional Remarks chedule,may be attached if more space is required) Coverage Provided for all leased employees but not subcontractors of:Capcon Construction Corp Client Effective:6/5/2023 CERTI ICATE HOLDER CANCELLATION 2720 HOULD A OF TH ABOV DE CRIBED POLICIE BE CA CELLED B OR The Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPRESENTATIVE / Rick Leonard �J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4509 81858816 1 TLR of Bonita PEO 039 MASTER CERT I Francine Jackson 1 9/12/2024 10:56:34 AM (EDT) I Page 1 of 1 ® DATE CERTIFICATE OF LIABILITY INSURANCE Fo911212024 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 SIMON INSURANCE CORP DBA ESTRELLA INSURANCE NAME: FAX 672 N UNIVERSITY DR A/CON No, Ext: AC, C No: PEMBROKE PNES, FL 33024-6738 EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Kemper Auto Commercial 39497 INSURED Capcon Construction Corp. INsuRER B: 353 Sound Dr INSURER C: Key Largo, FL 33037 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLIC POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDY EFF MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ❑ CLAIMS-MADE [:]OCCUR ❑ ❑ DAMAGE PREMISES O RENTED ence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO ❑LOC PRODUCTS-COMP/OP AGG $ JECT OTHER I $ COMBINED SINGLE LIMIT 300,000 X❑ AUTOMOBILE LIABILITYAUTOMOBILE ❑X ❑ 50017339001 09/12/2024 09/12/2025 Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED X SCHEDULED IT AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY p Per accident) ccident $ �m UMBRELLA LIAB OCCUR 9.13 24 � EACH OCCURRENCE $ LAB LB CLAIMS-MADE DA �� - AGGREGATE $ DED RETENTION$ WANM ""� $ WORKERS COMPENSATION STAPERT OTH- AND EMPLOYERS'LIABILITY YIN UTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Number: Vehicle: 2024 CHEVROLET 2GClYNE74RIl79287 CERTIFICATE HOLDER CANCELLATION The Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights 14510 d. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4511 cw'� omniom LUMM Z Q c c E u i p u LV a� p� LLI N +� Q W W N Z D o Z % N u w�/l JO % L •/! f / �r /j i� %r 1 f i f� %� r t N N u O LL Wcc uj N �_ C C N [a 41 %OR ,�r j, ri%jii%/ji N /�j f �,1 � f� r : �/ r/ //r i' ' r ,r r %r, jD� /�// Dr✓/l�/ 00 LL +j A rP� ��/ /////%pa cc I� u O %�// �� /�� 1 /„ % r //1 W O�� // r / r / I, O /�„ „ / „ ,r �, O �, //////////Oaa��i�/aoaoD/r�fa��%////1//� �r,J� I>� � LLIi 1//i 9 i / "U JJJ Q •C L J FISSIF!" rf Tj Z N ( cB /r r .r U �rra L �t t 1; 1 �� /// N O W O��/ o i / r/�%r t� %� ra ///iii / �rr/� ��/ i� N / O (U wO O tea/ p C , la/// / fj f aj fj j Lai 0 fie W \ Q L Z Z Z LU O w a = ~ V ~ 0 Q .N a o W H � Q o,o GEIVf¢lu 't^' kr ,4 n P 4512 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30�, 2025 RECEIPT# 30140-138972 Business Name: CAPCON CONSTRUCTION CORP Owner Name CARLOS A PADRON MO CTY Mailing Address: Business Location: KEY LARGO, FL 33037-4676 353 SOUND DR Business Phone: 786-719-0033 KEY LARGO, FL 33037-4676 Business Type: CONTRACTOR(CERTIFIED GENERAL) Employees 1 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 0.00 0100 0.00 20.00 Paid 402-23-010002254 0 7/2 3/2 0 2 4 20.00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU: MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS, MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: CAPCON CONSTRUCTION CORP RECEIPT# 30140-138972 MID CTY Business Location: KEY LARGO, FL 33037-4676 Owner Name: CARLOS A PADRON Mailing Address: Business Phone: 786-719-0033 353 SOUND DR Business Type: CONTRACTOR(CERTIFIED GENERAL) KEY LARGO, FL 33037-4676 Employees Tax Arnount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 0.00 20.00 0.00 0,00 0.00 20.00 .................. ....................... Paid 402-23-00002254 0 7/2 3/2 02 4 20.00 4513 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $1,00,000.00 and Under Contract with- Precision Contractors o Effective Date: See Terms Below Expiration Date: Contract Purpose/Description: Proposal for the Ellis Building A/K/A Monroe County Government Center Annex 88770 overseas Highway, Tavernier, FL 33070-Replacement of Railing and Stairwell Hand Rails Effective Date:Within ten(10)calendar days of Mate of issuance by owner of a Notice to Proceed.Purchase order,or Task Order Exp date:The undersigned shall accomplish Final Completion of project within thirty(30)days after project is completed,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: $ 57,750.00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the iot411 ainni.hliir c 4u1tt una is 1 00.000.00 or I ss). Budgeted? Yes■❑ No ❑ Grant: $ 57,750.00 County Match: $ N/A Fund/Cost Center/S end 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 pages 46,47,48,&49 for Insurance Information signed by RISK CONTRACT REVIEW Reviewer Date In Department Head Signature: William DeSantis Patricia Eables Digitally signed by Patricia Eables County Attorney Signature: Date''2024 09'1210''43'26-04'00' Jaclyn Platt Digitally signed by Jaclyn Platt Risk Management Signature: Date''2024'09'1214''32''17-04'00' Purchasing Signature: Lisa Abreu Digitally 20240913ned yLisa Abreu Date'.2024.09.13 14'.06'.31-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date'.2024.09.13 16'.31'.63-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4514 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR ELLIS BUILDING, 88770 OVERSEAS HIGHWAY, TAVERNIER, FL 33070 - REPLACEMENT OF RAILING & STAIRWAY HANDRAILS i BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 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 8/22/2024 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 53 4515 Monroe County Facilities Maintenance General Scope of Work Job Name: Ellis Building, 88770 Overseas Highway, Tavernier, FL 33070- Replacement of Railing and Stairway Handrails Job Location: Ellis Building, afkla Monroe County Government Center Annex 88770 Overseas_Highway_ Tavernier, FL 33070 Contact: Chrissy Collins - Facilities Maintenance ".P.�.��ii 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 -vN,ith a qualified Contractor to remove and dispose of existing railings and handrails throughout the entire Wilding and install approximately 525 linear feet of new aluminum railings and handrails at the F;llis Building, a/k/a as Monroe County Government Center Annex located at 88770 Overseas Highway, Tavernier, FL, 3 3070. 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: Village of Islamorada, Monroe County Building Page 2 of 53 4516 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 Tuesday,September 3,2024,at 12:00 P.M.,via email to collins- chrissy(a monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to complete the replacement of railing and stairway handrails at the Ellis Building, a/k/a Monroe County Government Center Annex, at 88770 Overseas Highway,__ Tavernier, FL 33070: • While replacement of the railings and handrails are being done, the work shall be conducted in such a manner that isolated sections being worked on are marked with barricades and caution tape • Remove and dispose of existing railings throughout entire building in sections/phases • Install approximately 525 linear feet of new raw aluminum railings and handrails in such sections/phases • Patch holes as necessary and leave all areas clean and debris free 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. Page 3 of 53 4517 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. J) The Contractor shall provide a lump sum price by Tuesday, September 3, 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 Page 4 of 53 4518 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 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 Page 5 of 53 4519 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 hannless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. 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 Page 6 of 53 4520 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,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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 I) 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. Page 7 of 53 4521 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(PI,92-255),as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss,_ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article lI, 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 11,T 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 Page 8 of 53 4522 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 employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or Page 9 of 53 4523 suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. - 8) The Contractor will include the portion of the sentence immediately preceding paragraph(1)and the provision of paragraphs (1)through(8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 1.1246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity,denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. II) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein Page 10 of 53 4524 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 finds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 Page 11 of 53 4525 this Agreement. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,Florida Statutes, running from the date the monies were paid by the County. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c)and 603(c)of the Social Security Act,Treasury's regulations implementing that section,and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. IV) Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not Page 12 of 53 4526 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 disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Chrissy Collins via email at collhiis- ch The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: Page 13 of 53 4527 (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records_that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upoil completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305- 292-3470, BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Page 14 of 53 4528 VII) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: 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 perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control. without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, Page 15 of 53 4529 was unavoidable: (a)acts of God; (b) flood, fire, earthquake, explosion,tropical storn-I., 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) g ovenirnent order or law in the geographic area of the Project: (c) actions, eiribargoes. M' [flockades in eflect oil 01, after that" date of"this Agreement; ( ) action by any governmental authority prohibiting work in the geographic area of the Project-(cacl i. as "Uncontrollable Circunistance"). Coritractor's finarickif inability to perf6rn'i. cliangLs in cost or ,ivailability of)-naterials. cornponen its, or services.market conditions.M Supplier actions or contract diSPUtCS will 110, excuse perforrilance by Contractor tinder this Section, Contractor shall give C,ounty written nonce within seven (7) days of'any cvent or ci rcun'i stance 11-cal is reasonably likely to result in an 1,Incontrollable Circumstance. or as soon as possible afIer such I fncontrolkrbk Circumstance INIS OCCUrred if' rea",_"Onably ariflcipalcd. and the anficipaled dttrahori of stic1i L,JncontroHable (.1'irCL1H_1S1A1h:C% (,'ontractor shall Use all (.1iligent erfort.:; to end the, tIncontroflable Cil'Ulfllstance. ensure flutt the effects of, any Uncontrollable Circumstance are minimized and rcsunie full performance under this Agreement. Th e County will riot pay, additional cost as a result of an t,J ncontro I I able Circumstance. The Contractor may only seek a no cost Change Order or Amendment for Such reasonable time as the Owners Representative may determine. X) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 1, Nondiscrimination, or Section 11, concerning Termination or Cancellation. 4. FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act (42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387), as amended. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §§1251- 1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000.00. The contractor agrees to include these requirements in each Page 16 of 53 4530 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. 443701-3708). 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. ,13702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work,which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(1) of this section,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph(b)(1)of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty Page 17 of 53 4531 hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1)through(4),and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1) through (4). C) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at vvww ,a s?o� . - _. . Contractor is required to verify that none of the contractor's principals (defined at Page 18 of 53 4532 2 G.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and_2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. E) Byrd Anti-Lobbying Amendment (31 U.S.C. 41352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceeds $100,000, the attached certification must be signed and submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR 200.323. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— Page 19 of 53 4533 1.Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G) Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR&200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or 7TE 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). (h) 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. -4200.322. 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 Page 20 of 53 4534 be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. I) Copeland "Anti-Kickback" Act (2 C.F.R. 200, Appendix II (D); 40 U.S.C. 43145). This section applies if the contract is in excess of 52,000 and pertains to construction or repair, and,in-ther,_if required by Federal.program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 5. Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury)to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 1990 (ADA), as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of Page 21 of 53 4535 contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically_feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's 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 Page 22 of 53 4536 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 find this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the naives and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if. (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320; (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 about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.G. 78m(a), 78o(d))or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at htt )WXNwkw.S C S)sT�apisv% F) No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non- Federal entity,contractor or any other party pertaining to any matter resulting from the contract. G) Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for Page 23 of 53 4537 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 Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or_providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. I) The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. ,n The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. K) Energy 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)(ii)(III) of the Act, as applicable. N) Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury Page 24 of 53 4538 pursuant to Sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 G.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 Page 25 of 53 4539 activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. P) False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. Q) Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part,by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 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 promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. S) Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. Page 26 of 53 4540 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 ofpersons and entities referenced-in-the paragraph-above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. U) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997),the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. V) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 27 of 53 4541 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 123 Overseas Highway—Rockland Key Key West, FL 33040 PROPOSAL FROM: baic3ionC V + "7-1 C01 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: ELLIS BUILDING, 88770 OVERSEAS HIGHWAY, TAVERNIER, FL 33070 REPLACEMENT OF RAILING AND STAIRWAY HANDRAILS 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 4542 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. .� -'1"Y"1 � �►l�t. ._� _.....�_ Dollars. (Total ase Proposal- words) •00 Dollars. Total Base Pro posal osal—numbers I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No.----Dated No. Dated Page 29 of 53 4543 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 Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http //fl-monroecount cy ivicplus com/Bids.aspx?CatID=�-18; AND 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 executed by their duly authorized representatives, as follows: Contractor: ( �U. ........ ®._ Mailing Address: 2AA U( (ahn� 1R s"LL)t5s Phone Number: 0 CJ" E.I.N.: 44 .. ._._.........._................. Email: Q Date: Signed: Nam Title Contractor's Witness signature: Witness name: —A. - _� -..... Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA �' °�-•--- Date: 09.20.2024 By: Acting County Administrator or Designee +a Mo COUNTY ATT�eo�sTo0 o M°F�r Page 30 of 53 PATRICIA EASLES ASSI3TA�iT �TTOMEY OAT@: � tS� „- 4544 nn NON-COLLUSION AFFIDAVIT I,� C'1 of the city of minmi according to lawon my oat , and under penalty of perjury, depose and say that: a. I am of the firm of VIP 2EDW 0550ND611 the bidder making the Proposal for the project described in the Request for yP pos Is fo 15 1 - R 10�1 Yrt,W 1 I I&/0A_ &4vaiK and that I executed the s id proposal with full auth ity to do so; a 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. V_' '�/"'J� z a Ir-)l (Sign re of Prop er) (Dale) STATE OF: COUNTY OF: Von Doe, Subscribed and sworn to (or affirmed) before me, by means ofhysical presence or ❑ online not arizatin, on V�`� (date) by (name of affiant). He/ She is personally known to me or has produced ' r (type of identification) as identification. Notary Public State of Florida Arliet Vita My Commission HH 249109 NOTARY PUBLI xp. 4r4i2026 My commission expires: AVY1 (SEAL) Page 31 of 53 4545 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS rUSE (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signa )' Date: AJLZ7 Oonbo,V STATE OF: COUNTY OF: �m L Subscribed and sworn to r affirmed) befoirp me, by means ofhysical presence or ❑ onliMe notaV* atimn, on 20 (date) by (name of affiant . / She is personally known tome or has produced as identification. (Type of identification) NOTARY PUBLIC Notary Public State of Florida My commission expires: A Arliet vita (SEAL) My Commission ftim Exp.24/42026 Page 32 of 53 4546 DRUG-FREE WORKPLACE FORM The undersign do in nc da i FloridaSS . 1 8�,�87 h y ce ifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. - 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,for any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ro F®r re -0 5 f I 17ok- Date STATE OF: Vl COUNTY OF: Subscribed and sv.Kn ehe affi med) before e, by means of�hysical p sence or 0 online notarization, on (date by ( e of affiant) He/ personally known to me or as produc • (type of i e catV i cation. NOTA IC SEAL My Commission Expires: h [:Notary Public State of Flo] 33 of 53 Ariiet Vita My CommissionHH 249109 Exp. 4/412026 4547 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." have ead theAabo and state that neither IL r1�,QZ (Respondent's name) nor any Affiliate has been pla ed on the )icted vendor list within the last thirty-six (36) months. (Sin re) Date: Y STATE OF: I� COUNTY OF: I'Y) Subscribed and sworn to (or affirmed) before roe, by means of�physical presence or ❑ onli a notarization, qn the _�ta of , 20 (date), by (name of affiant). He/ h ers ally n wn to e� r has produced • (p•�}� (type of identification) as identificati n. oil A Notary Public State of Florida Arliet Vita JIomsion OTARY P LI iu MyHH 249109 4/412026 My Commission Expires: 41 Page 34 of 53 4548 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): (i r.nJ __ Respondent Vendor Name: f f 1` I Vendor FEIN: 01 Vendor's Authorized Represen .ve Name and Title: 1�Y1.�`Z Addres : ��(p City: f State: Zi • ` Phone Number 104;,35q Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is-engaged-in-a-Boycott-of Israel. Section-287.135,-Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran 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 of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. Certified By: ® Anmvwho is authorized to sign on behalf of the ab refer e _cM p ny. Authorized Signa re: . A Print Na Title: JZ1 Note: The List are available at the following Department of Management Services Site: Fittp.//wvrvr drn s ropy iprid a ccirn/busines ape„rations/stag....paw Egtpsum yfff dgr_,onfc)rrw"iation/ onvic tecc ...,su ended di cAe um inatQ[y qqMpHgints vendor lusts Page 35 of 53 4549 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR AB SE V S .,� /�� Entity/Vendor Name: T V►! _..__._.._..._ ...........��._ .a_..._....._.... __—"'r� "` ► I ► .." Vendor FEIN: Vendor's Authorized Representative: �. L. (Name and Title) Address ...._... _... _.. __. _. _. _, ._._._.. _ ..,. ._� _ .._. City: Yl�l State: Zip: ne Nu ber: Emoail Address: T � _...._ ...1 ........ ... ........._.... .___..r '/1...C..................:...._..�..................... . 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; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Sign ure: OiL�f—1 Jl�� Print Nam Title: Page 36 of 53 4550 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 1°d°dkn d;uhai:ruwpn°iautndl fumdls W c been paid m,mmaill he pa►d1„by or on MHtfke aumaldrordWwd., flMa.mnnnmben �m0dl�n d�mmmnmmrew ndas►�ima�8`dir n rl�mtadulnem��ulmloyeminoff' dmmn�a�,n"apuu,�,f,foi eau►mm��Muu�nl:nmN�bpyd�e�,do nla:u.um 9�n,n�miner wa i �� 1 �� . � <d i' °ekrami con n�act. the n u ldinml; dm1'�an) l d°d�fd��mn��ai 9iuumtgdQllh;4^ umpsllaing dml�n�mu�u�mmi*a��i�uimri loam tplpndm�Qel�utid�umiianmm.: �nndam of amw* d:°dndmp �nm r� amaHreaumaiNo. wd:l Viuu C"m p c-N.td Ilnsud,7n'u conmtnnnuaadnonm Ile@�ne,,e%,M aianmu md:rnen i, oil- nnuddanducdm onm of any W1d°nrya�mi onnIIQn`aJld Q wow, 1d„bamnm d:un"6::ocigdda'radnmd amgreenV'I,ell t. 2. f f aanmm I'u.unmds od md:n t1ma��mnu i ed�n�mn.mni �nimpmu•dupmn°Wed iullnndi�s lmamve i:uu�d�nm luamndl or"ul1 be Im,uid� U) on, Ilmcn sauna .......... _ fd�w "M mm�oo3ve of rnn q �dg ty an ��d°nmmimu��mn Girl" dnu° amtdd;nwnlrtnnw�l tdr nmm6'inucnmdae Munn au6l"iu�:,a°u° d,u► � � �n�. Umnmm�.n nd,,nmammm�officer o ellu' h f::e (W C�'onp s. d� p y'�a a� � rs�rs in p graant� idmu<aa damn awodr ma ►�aatlii�d�m a��na �°u��nma t,ntl e unmdlersi enn nd., d;d>►umdd IGuoum mm�ntl�m th►s lC°�d�:md6d,na�ui d��::dmnmtu'amd�wta �� i �, solsnnm°d1 shaulp conmpkAe and subnmU StaumdWrd Form-LI.A. -11sclosa►re Form to Report Lobbying." in accordance Nv►th its instructions. 'geed shall reWdre than the lar►aru�alge, of this certification be inclucled in d murd ",mi. T'he a►ndd,n s► , � � �.. docurnewas Rw all sub mmaard^�s at ,mil tiers heluding asubamusd.°ts, sunNi,u°amnm k and ed'mntmdats_s u.nnmdhm• grans 1dra:un% and cmycrativd agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance mvas p1aced "lien this transaction ®m°as nmade mm entered into. Submission of this certification is a prerequisRe for Ming or entering into this transacthAi inmpsm ed by section 1352. tithe 31, U.S. Code. if any funds have been paid or will be paid to any person for influencing or attempting to influence an oflid.;d r or employee of mW amgd°owy. a Member of Congress, an officer or employee of Congress„ or an employee ofa Maim r duff`Congress in connection with this axmmna"tme,rmt pmvidihW Wr the. United States to insure or g;maaraantee a loan, the unde,rsigr ed shall complete and submit Standard Fromm h.iA. '°1:)isclosu V 41aobbying Activities," in accordance with its instructio►ms. Submission of this statement is a prerequisite for making or er►tering into this transaction imposed by sec:tlon 1351 title 31, US. Coda Any person who fails to file the required statement shall be subject a) a civil penalty of not less than $10.000 and not more than $100.000 for each such failure. The Contractor, r' � , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.Chap.38,Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. JUVo 12-, WA,,---` Sigrll kf Contractors ut rized Official A5k�AName and Title of Contractor's Authorized Oicial Page 37 of 53 4551 DISCLOSURE OF LOBBYING ACTWIIIES Approved by OMB GoynpMe this forrn to d�sql-0 se lobbying activifles,pursuant to 31 t.1,S,G 1352 U&M), (See reiverse for pubk burden&closkjire) 1 fype of Fed_e'ial Ac-q-�o'n:_ 2. S-ii511118 o-[, Fe-Weial—Action: " " ' 3."_Ro?j)irnt'Ty"j)"e�, a contract ]a Wdlolfe0af pikaflon C11 hiftW fifing L - 1 Mal aw' ) 11 1 b grant b, n ard b, matenal change yeai ... c. coope�iifive agmerneW c. post awwd Foi M ateuial Change Only: d ban - —quartei e. Wioan guaiaintee date of last qepoit f, kwan humirance i',,, Nain`ie'and-A"'ddir-e-'s"s of$1 e'poirfii'�g' En'-fli-y",� If Repoiting Erilky in INo. 4 is a Sub awlidee, Enteg Name sutwwarfte and Address of Prime: I ier if k,2QW1_ qqqro"Iowial Dktrict, W era.oom. t owogressaonal Disbict, if knagiai. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if qgp&M& .......... . .....F''' ' a"" " ""n'-k.................... ii o wa —wa,r"d ....m......."--ou"n" I.........i..f-- �ederiActiojmbet ifk ...................... ....... '10.a. Name and Address of Lobbying Registrant b.Individuals Performing Services (including address if (if individual,, last narne, first name:, Yll,-. different from No 10@1 1 (last name, first name, Ml): odwynm�w on quested thmuol krrin ua n'thavired by Signature, 115", rNs ds'AM�M d khbby�ng mhW�5 u!11; a OmWMA rTPmxWflAbW d Uct ..................................... up NMmh m^wxr.ws%p orad by Me Ydrvr mbrvir Mien ftim tramuxlKm wrm mvR Print Name-, hti;, flhis dkcknure u&mqRAed VVqVAwJr4 11 V SC 1352' INS AiN be mp:p"ol hD thr i'a,yetz smu w vwmpy wd'MM bn 3"Minbk.he FulUk 4W�V�6cw Any PeMMI ahl:�ji�ajv Me 1�hp mpaived jmckiuipv awal he Title. nvhped io a dwd pwnjlijy rg jjjma pe,uA&pa ia yii wi,�mA wixor,flhan JIM,0W hr L%Ach Mch fiduir. �Telephone No Date- Zi;;'iz'_e"d''''f'—o r L—o c a-1:::Re p r o oi_ucfi.@ Federal Use Only: Standard Form Lit(Rev. ....................... Page 38 of 53 4552 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be conipletcd by the reporting entity,whether subawardee or prhnc 1,ederal recipient,at the initiation or recept ol'a covered Fedo-al action,gar niaterlal change to a previous�kHing,pillt suant to title 3 l I 1 S.('. section l 35111he filing,ol as fbitln is reql.dred 1'or each payment or aorceluent to Inake p'ayqnent to aliiy lobby lng cridly for infuencili oil,".11temptim, to illfILICA-lCe all OffiCCil"Or elliployee of'anN a0ency.a Member ofConoress,an officer or enlplovec'�of or an employee ofa Member of('ongress in conneclion witha covered Federal acdon.('ornplete, -)ort' 1?'O'cn-I o ll'W lilllp I CfflCll I ill" �!kddWkC'pub I khed afl items 0iat apply for both dile, hAial'filtiw and materhil Change lef by the Office of Managernent and ffild'gel for additional information. 1. Identify the type ofcovered 1,ederal action lor which lobbyinIg activity is alld,,or has been secured to influenice the outcome of covered Federal action, 2 J(Jelrt4y thesululs offfie covered 1`ederA acion. 1 Identify the appropriate ciassification ofthis reP011. Kthk is a follow up report callsed b) it Inaterkil Change to the irtformation prev4)wdy reported,enter the year nand quarter in which the chU)"C OCA-Afflvd.FnIer the date ofthe last lWeViOLO)�submitted report lby his reporting.cnthi 'for this covered FelikX'd 'h;tkffl. 4. Enter the fall narne,address.city,, State and zip code of the reporting entity. 1111CIUCIC('1'0llq"1_eSSi0r1aI District, it known. Check the. appropriate classification of the reporting entity that designates if it is, or expects to be, a z'rime or subaward recipient. Identify the tier of the subavvardee.e.,,., the first SUbawardee of the prime is the e.g.,Z� I st tier. Subavvards include but are not limited to SUbcontracts, subgrants and contract awards under grants. 5, [fine organization filing the report in item of checks "Sl.lbawardee,"then enter the full mine, address, city. State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the nalineofthe Federal agenc),making tile award or loan commitment.111CILide at least one organizational level below agency name,if known.For example, Department ot"Fransportation, United States('oast Guard. '). Enter the Federal prop rant name or description for the covered Federal action(item i). irknown.enter the full Cali of Federal Domestic Assistance(Cl=DA)111.11niber for-rants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in iteill I (e.g., Request for Proposal (RFP) (lumber: Invitation for Bid (I FB) llll,lniber: grant announcement innilber, the contract, grant, or loan award number;the application/proposal control IlUrnber assi,"fled b), the Federal agency). Include prefixes,e.g., "RFI"-DE-90-001." 9. For a covered Federal action where there has been all award or loan commitment by, the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in itein 4 or 5. 10.(a)Enter the full name,address,city,State and zip code of the lobbying registrant Under the Lobbyin- DisclOSUre Act or 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performingL,services and include full address if different from 10 (a). Enter Last Name,First Maine,and Middle Initial(MI). 11.The certifying official shall sign and date the form.print his/her name,title,and telephone number. According to the papemork Redaction Act,as amended,no persoris are required to respond to a collection ofiril'ormation unless it displays a valid ON113 Control Number Fhe valid ON413 control number for this infonriation collection is ON113 No(0348-0046 Public reportirig,burden for this collection or information is estimated to average 10 minutes per response,including firre for reviewing instructions,searching existing data sources.-atherhig and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or art%,other aspect of this collection ohnformatiori.including suggestions for redU6112this burden,to the 011i of Marlagelliclit and Budget.paperwork Reduction project(0.348-0046),Washington,DC'20503. Page 39 of 53 4553 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,either: • Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 40 of 53 4554 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 41 of 53 4555 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage,fine,penalty or business interruption,and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 42 of 53 4556 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. 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. 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. PROPOSER Signature ... Page 43 of 53 4557 I I'mme reviewed Itie abovem4L.111"017101'AS VAIJI ter roposm rr rrned mve, I her Wlliuwing rlarmlructi W ppll to 01le a o,rrrrrrporiffi g, pa hcyPOL ICY DEDUCTIBLES ... ns Page 45 oI'54 4558 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor/Vendor: Project or Service: Contractor/Vendor Address& Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: Date:.. .... Approved _ _Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 45 of 53 4559 CERTIFICATEwOF INSURANCE _....._. _. .___ _ ........ .w. .w.__.. ISSUE DATA_._. .._ _9/04/2024 THIS CERTIFICATE 0.ISSUED A8 A MATTER�INFORMATION ONLY AND CONFER8 NO RIGHTS UPON THE CERT�tCATE iIOIDER TNT CERTIFICATE DOE8 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 ),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT:IF THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED,THE POL.ICY(IES)MUST BE ENDORSED.M WBROGATIONI 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 00 LIEU OF SUCH (S). .__. .... _.. _......_ ..o. PRODUCER ( OCOVERAGE _E••__�E ,,._.INSURER 81 AFFORDING CO......�...,��.............................VERAG ..............� ..�................,....... Neighbors Insurance Agency,Inc. INSURER A Mesa Underwriters Specialty Insurance Company 7149 West Flagler St ...............................� ...... .....� ...�„�,w..n .._r...........�. m� 11Wiarni,FL 33144 INSURER B:r NIA INSURED INSURER C. Precision Contractors of South,Florida INSURER D. 7751 SW 34th Terrace ....��................M.�w�......m..,........ .......................�..,...,........n,.�...M. .............,..... ........,.,................,.. ..................................._..,............,.... .. Miami,FL 33155 INSURER E. N/A .. COVERAGES ....................�w...��.,..,.............w.,.. ,,...��.��.�..............,.. IS IS TOCERTiFY ....................�.,.....��...,.,.� ...........,......,,...........� m..... ..... .....................................,,........ ........ ..w........,... .,. ,.........................w......,..... ..........�.,......�.... THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID&§4".C�TYPE f F'"—.."._........................LICY ....._.,�.,...........................P— 16Yw......................._..., )LICY LIMITS........ ...w...................................„.....,.... MITTS LTI .. ....__..INSURANCE._.. NUMBER................... ............... T.__..__._......__..., EXPIRATION DA TE _EFFEE CTIVE DATE XP _�._. _.. ............ A GENERAL,LIAMUTY MP0009019009905 {{i 09/02f24 09/02/25 ..�.�....,.._..._�GENERAL,AI'XaRL°�(AT ........................_,_... ._�_�.. �„��._.......2, 0 00 PRODUCTS-COKOP A. ., _ ..........., 1. 000 ... "RS &ADV,INA.#RY 11 Iq EACH OCCURRENCE 1,000,000 /V! 100,000 EXPENSE .(Any ,,.......„,..�..w...,,,.,.,.n.. ..,.,.,.. MED BPERSONAL LJASIUTY .,, ..,....�,....,..�.................................. CX)4nSIHEi.I'b SIhY.......,....�.IkIIT ...,...,...,. .w,.,,.......,._.....,....................,,,...�..,...�.., GLF OTHERS E " �' " tl,kl OCCURRENCE ff NCE T�'$ ... P ar°Ess L ILI�. �.. ..w�._ .. � MEDICAL By . �� F PAYMENTS �.. .. ..,� ,., . ...... .� . _.,,... ..m tY b I 9.10. ACAAEGATE �_. WAN" KtkXYW�, ....... ..... .. ...._...�................................ . ..._...._......................._ ............ E PROPERTY SU113ING : ._.m .�,m ............ ....o.Po, .......... VN 'NT _....BUVNESS INNOIL.__........._...................._ i3 INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW.PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER. SURPLUS LINES INSURERS'POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. S. .W.�.ONI OF OPERAMNS .�_ SPECIALTY ITEMS Corbatftrs E ve Stoevosors ex E S m tr sub a ,m "r 0bukhr nBoard of I C aemni na di'mej tm s kth r I to al II QEx° ir��R it a- ur SURPLUS ..LINES..AGENT VIRGINIA CLANCY LICENSEII A206695 13577 FEATHERSOUND DRIVE PO BOX 17069 CLEARWATER.FLORIDA 33762 CERTIFICATE HOLDER SHOULD ANY OF� .®....�� . � �..��.�... T .�� BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL.._ ....HE ABOVE DESCRIBED POLK:IES BE CANCELLED BE DELIVERED IN rxCounty Board of County CommssOners ACCORDANCE WITH THE POLICY PROVISIONS, Key West,FL 3 AUTHORIZED SIGNATURE� 1100�S St 4560 ACC>Ra CERTIFICATE OF LIABILITY INSURANCE °A s o4/2024 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(les)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 endorsemenL A statement on this certificate does not corder dOte to the certificate holder in lieu of such!2tM=x9!L9)- PRODUCER corrAcT ORGE RAMOS , NEIGHBORS INSURANCE AGENCY J7 � . 305 26 8585° _ ...... ,."A'. 775 a9 Y..@....... ....,nexomm 7149 W FI !er St ton naisoaon+O MI a FL 33144 IMSURERA INFINITY INSURANCE INSURED INSURER e Procision Contras Of nth Floroda INSURER c '7761 SW 34TH TER INSURER0 ...... INSURER E Miami FL 33155 F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE EWEN ISSUED TO THE INSURED NAMED ABOVE,FOR THE POLICY PERIOD INDMATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID POLICC MS, „TYPE OF INSURANCE ,,......_. „„ , ...,w,.a, Y EfF Y EJfA LIMITS; ... (COMMERCIAL GEr1ER11L„LIABILITY ( y { OCEACH CURRENCE ,...1 S 0 TI5 T CCUR I PERSONAL$AOV_"!INJURY �S NL A(MWEGATE 1 JMff APPLMS PER f J GENERAL ACsGREGATE o- �S OT1 -R. I AUTOMOBILE LLMIILnY ( S COMBINED'IN.ni.E LAsetGT S $ 0 ANY AUTO { � l j � BWLY 91YJURY(PIN perup) �s . A 509 8200 s94 1 05f0224 i 11/02/24 KITAL° URY rt 1 s tWNECk HIRED Aasvaa��S LY A�k(E y } a Y A& d NON-OWNED PRC.9'ERTY DAMAGE — � x r Ba��ua.ED � ., 1 ._... ,......... s UMBRELLA LIAB 1 CCCUR { f EACM0(XUdRWjMNC ?EXCCESS Lu8 (,'. e m . DED AND�rRai COIU49MT �� PER oT W s v ..�3E NoYIRw WAMM INIOPMETa,',IR.PP Y 1 oYEas•LIABILrrr F +EM w ExXCIMI ncE> :° ��E J N e A g c 9 10 2 PN� .. s Ira, E4 S l4 ACE�N". E ,. .._. f ��A1�°� 996 ;aC.RfiP RAT NS ,.... E L '%ASE FM'XeCy LUT S i I DESCRIPTION OF OPERATIOMS I LOCATIONS r VEHICLES IACORD 101„AddMaW Rem2ft Sc M aftdmd d mar spwo Is Monroe Countyof County Commissioners is lasted as an Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. I 100 Simonton St. AUTHORMEO REPRESENTATIVE Key Wets FL 33040 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4561 JIMMY PATRONIS CHIEF FINANCIAL.OFFICER STATE or m0r.0f. DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS`COMPENSATION jif;CA il:OF C.LLC,-i';OA iO LE LXL..iPTIFilO fiOA LAW CONSTRUCTION iNDUS-1 RY EXEMP I—ION This certifloG that ti wv individual listed bob w haci ek-1cied to bia axornpt fcurvi nu,ija wuawiv cui-i-porisation law. EFFECTIVE DATE: 9/30/2022 EXPIRATION DATE: 9/29/2024 PERSON: JOSE R GAMEZ EMAIL: ARLIETVITA(PAOL.COM FEIN: 823876447 BUSINESS NAME AND ADDP.ESS: PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. 7761 SW 34THTER MIAMI, FL 33155 SCOPE OF BUSINESS OR TRADE: Contractor-Project Manager, Construction Executive, Construction Manager or Construction Superintendent IMPORTANT:Pursuant to subsection 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may riot recover benefits or compensation under this chapter.Pursuant to subsection 440.05(12),F.S.,Certificates of election to be exempt issued under subsection(3)shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to subsection 440.05(13),F.S.,notices of election to be exempt and certificates of election to be exempt shelf be subject to revocation 9,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01574669 QUESTIONS?(850)413-1609 4562 JIMMY PATRONIS CHIEF FINANCIAL.OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION *•CER°TiF ICATE OF ELECTION TO BE EXC4.APT F.90'.0 FLO.910A:'JOB 1:CE17S'CO 110,01SA TION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elciUcd to be exompf fron-, n ridu Coy ipcn�4ion law. EFFECTIVE DATE: 9/29/2024 EXPIRATION DATE: 9/29/2026 PERSON: JOSE R GAMEZ EMAIL: ARLIETVITAQAOL.COM FEIN: 823876447 BUSINESS NAME AND ADDI:ESS: PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. 7761 SW 34TH TER MIAMI, FL 33155 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation.To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder,go to www.myfloridalicense.com. IMPORTANT:Pursuant to subsection 440.05(13),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(11),F.S.,Certificates of election to be exempt issued under subsection(3)apply only to the corporate officer named on the notice of election to be exempt.Pursuant to subsection 440.05(12),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shalt revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E01974913 QUESTIONS?(850)413-1609 RULE 69L-6.012, F.A.C.REVISED 01/2023 4563 ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 47 of 53 4564 ON]B Appro,,ed No. 1505-0271 Expif ation Date: 11,30,202 1 C(-',)R(-')NAVIRt-.S STATF AND Lt)CAL FISCAL RECOVERY Fl..'\DS Recipient narne and address: DUM Number 07387(5757 Monroe Countv Board of Commissioners Taxpayer ldeiitificationNuniber, 596000749 1100 Sillronton Street. Room 2�213 Assimance Listing Niunber and'Firlo:21 key'West,florida 33040 Sections 602(b)and 003(b)ofthe Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act,PUb. 1_- 1 17-2(.1daich 11,2021.)authorizes the Department ofthc Treasury iTicasury)to make payments to certain recipicnts fi-orn the Coronavuris Mate FiscA Recovery Fund and the Coronavirus Local 1"iscal Recovery Fund. Recipients hereby agrees,as a condition to receiving such payment fi-orn Freasurv,agrees to the terms,attached hereto Rocipient� TDigitally signed by Tina Boan ina Boan Data 2022.08.02 09:11:02 -04'00' Authorized Representative Sigflai[LIVC(above) Authorized Representative Naine firm 13oan Authorized Represcirtativc Title: Senior Director Budget&Finaoce Date Slgreed. (.',S Department of"the'I rcasm-y: _7 Aulhorized Signature(aboNre) Authorized Representative'Narne Jacob Leibeffluft Authorized Representative Title: Chief Recoverti,0411cer, Office o(Recovery Programs Date Signed: May 14.,2021 P!',PERWORK REDUCT10\1 ACT NOTICE The int'onvustion kx)VIevtf.d A ill tW Med for the U.S ("wernment to pmcess requests foe suppokt.'Tlw estimated buiden mmiated vIfli this Mlection of nfonnation is 15 minutes pet iespmse.Cortunents ovncerinng the RUCUracy ofthis burden estimHte and m.5ggemiom For l-ed06ngthis hLij-den S111)Uld N,dirvoted to the Office of Privacy,Tiiimrarvnoy and Rem-&Depm-twerit of the Treasury-1500 PennsyhanigAve,If W,Mashmpton,D C.20220 DO NOT rwd the hmn to this addi,ess."m agency may not conduct 01 SPIAISOI,aild a tru'soit is n,A Tcquired v)ruspondto,n uifless it(,hspkt/s a valid corti-ol nutnber assigncd by O 413, Page 48 of 53 4565 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on 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.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4.Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic 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 returned 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.Administrative 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 provided by Recipient. 8 Conflicts 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.Compliance with Al2plicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury 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 Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part I80,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. Page 49 of 53 4566 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. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI 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 Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et 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 II 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. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11.Hatch Act.Recipient 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. 12.False Statements.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. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amountto which Recipient is finally determined 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 misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Page 50 of 53 4567 15.Disclaimer. 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 losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General, iii. The Gov ernmentAccountability 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. 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.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 51 of 53 4568 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or fiords 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. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,policies,memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted 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 form of national origin discrimination prohibited under Title VI 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,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.len.2ov. 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 VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal 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 11 regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title 11 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any Page 52 of 53 4569 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination 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 VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VT and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The 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 of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Tina Boan ��g'Pa��g��a�eu g'�4B.'3 L Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments conceming the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. Page 53 of 53 4570 ATTACHMENT B PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. PROPOSAL FOR THE ELLIS BUILDING A/K/A MONROE COUNTY GOVERNMENT CENTER ANNEX 88770 OVERSEAS HIGHWAY TAVERNIER, FL 33070 REPLACEMENT OF RAILING AND STAIRWAY HAND RAILS 4571 I� PRECISION PI is 7861-759-3555 September 101", 2024 88770 Overseas Highway Tavernier, FL 33070 ATT: Chrissy Collins, Williams Desantis RE: Replacement of railing and stairway hand rails We are pleased to submit our proposal for your project at the above referenced location. Our proposal is based on the information provided to us by owner and by our field observations. Our total sum quote inclusive of the description and specifications included in the breakdown is for the amount of$57,750.00 This project is proposed to be constructed and reach substantial completion within 35 days from the date we receive notice to proceed. Scope of work: • Isolated sections to be worked on with barricades and caution tape • Remove and dispose of existing railings throughout entire building in sections/phases • Install approximately 525LF of new raw aluminum railings and handrails in sections/phases • Patch holes as necessary and leave area clean and debris free. * Note: This price is good for 15 days due to material availability and daily price increases. RECEIVED By M Thompson at 11:39 am,Sep 10,2024 ........... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ....................... Precison Contractors of South Florida,Inc. 1 Phone:786-759-3555 Email:V. ,,irm7c.:.�.p!r2 lIsiiioir7 oir7tira toirs;flll,;.,coiry7 4572 PAYMENT SCHEDULE: Balance at completion 100% $57,750.00 TERMS: Any alterations, deviation and/or changes in plans from above specifications involving extra cost will be executed only upon written request by the owner and will become an extra charge over the estimate. This proposal does not include costs for testing and remediation of hazardous materials, costs for removing, relocating, repairing, or modifying existing framing, surfacing, HVAC, electrical, and plumbing systems (or bringing those systems into compliance with current building codes), costs for testing and remediation of hazardous materials (asbestos, lead, etc.), and/or permit or inspection fees required by local building department for the overall project, if any. All agreements are contingent upon strike, accident, or delays beyond our control. Payments shall be made in accordance with this agreement. Precision Contractors of South Florida, Inc. shall impose a 1.5%monthly late charge fee on any payment received more than 30 days after due date. In the event that payments are not timely made, Precision Contractors of South Florida, Inc. shall be entitled to recover all costs associated with collection of funds due, including but not limited to reasonable attorney's fee for collection, litigation and appeal. This proposal is subject to final approval by an authorized agent or officer of Precision Contractors of South Florida, Inc.following acceptance by you. Only then so accepted and finally approved shall this proposal constitute a contract between us. If we can be of any further help please don't hesitate to contact us. Approved by: Accepted by: Jose R. Gamez, President Precision Contractors of South Florida, Inc. ........... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ....................... Precison Contractors of South Florida,Inc. 2 Phone:786-759-3555 Email:V. ,,irm7c.:.�.p!r2 lIsiiioir7 oir7tira toirs;flll,;.,coiry7 4573 ATTACHMENT C ADDITIONAL BID REQUESTS SEA TECH OF THE FLORIDA KEYS, INC. 4574 From: Thomason Marge To: Robin S RLon LaChaaelle Cc: DeSantis-William; Subject: Ellis Building-Replacement of Railings and Stairway Handrails Date: Friday,August 23, 2024 11:43:00 AM Attachments: RFS 88770 Overseas Hwv-Replacement of railing and stairway hand rails(Rev final legal stamped 8-22-24).Ddf Good morning, We are requesting bids to replace the railing and stairway handrails in the Ellis Building of the Monroe County Government Center, located at 88770 Overseas Highway, Tavernier, FL 33070. We are accepting bids through September 3, 2024, at 12:00pm via email to cQllins- -c hri �in n�r �n -fl.gov. Please see the attached Request for Service for additional information and Scope of Work details. If you need to see the jobsite, please contact Kevin Dillon at 305-363-9200. 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 LIL]ion,ll),soti-Margo((i)MonroeCouiitv-FL..L,ov WWW.M0ULQaLaUaI�1�1.20V Monroe County, Florida "The Florida Keys" 4575 From: N 0 �B I D ��R I U��R N D To: "Robin ]ly-on cu DeSantis-William;�� Subject: RE: Ellis Building Replacement m Railings and Stairway Handrails Date: Friday,August 30, 20249:**:00AM Attachments: RFS 88770 Overseas Hwv-ReDlacement of railina and stairwa�Lhancl rails(Rev final legal stamped 8-22-24).Ddf Good morning, We recently sent you an email regarding bids for the Ellis Building - Replacement of Railings and Stairway Handrails project. All bids are due back tous by Tuesday, Scptcnohcr 3, 2024, at |2:OOPM. lf you are not interested in bidding of this project, plcoacictuoknovv. Thanking you inadvance, Respectfully, Margo �,�� 0mys0Y/ Executive Assistant,Lower Keys Facilities Maintenance Monroe County Public Works Stop 9C l23 Overseas Highway (Rockland Kcy),Key West,[i33040 Office Phone: (305)295'43071Ccl|phooc: (305)393'2860 Monroe County, Florida "The Florida Keys" Fromn:ThVmpsVnMargo Sent: Friday, August 23, 2024l1:44AM To: Robin Szmansky<robins@seatech.cc>; Ryon LaChape||e <RyVnL@seatech.cc> Cc: De5ands-William <OeSantis-VVi||iam@ MonroeCVunty-FLGov>; Co||ins-Lhrissy<CV||ins- [hrissy@MVnrVeCVunty-FL.Gov> Subject: Ellis Building Replacement Vf Railings and Stairway Handrails Good morning, We are requesting bids to replace the roiling and stairway handrails in the Ellis Building of the Monroe County Government Center, located at 88770 Overseas Highway, Tavernier, FL 33070. We are accepting bids through Soptcmhcr3, 2024, at |2:O0prn via email to . Plcooc see the attached Request for Service for additional infVon0tionuud Scope ofWork details. lf you need no see the johsitc, please contact Kevin Dillon ut305-3h3-92O0. Respectfully, 4576 14argo 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-Marco(i)MonroeC'ounty-FL.,Lyov www.monroecounty� I � Monroe County, Florida "The Florida Keys" 4577 ATTACHMENT D ADDITIONAL BID REQUESTS DAVE GABLE WELDING 4578 From: Thomason Margo To: daveaableweldinaC6ama il.com Cc: DeSantis-William; Subject: Replacement of the railing and stairway handrails in the Ellis Building Date: Friday,August 23, 2024 11:48:00 AM Attachments: RFS 88770 Overseas Hwv-ReDlacement of railina and stairway hand rails(Rev final legal staMDed 8-22-24).Ddf Good morning, We are requesting bids to replace the railing and stairway handrails in the Ellis Building of the Monroe County Government Center, located at 88770 Overseas Highway, Tavernier, FL 33070. We are accepting bids through September 3, 2024, at 12:00pm via email to cQllins- -c hri �in n�r �n -fl.gov. Please see the attached Request for Service for additional information and Scope of Work details. If you need to see the jobsite, please contact Kevin Dillon at 305-363-9200. Respectfully, 14argo 7homyson 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-MarLyo((i)MonroeCountv-FL.Lyov W W W.M 0 aLQLLQ.0 y-fl•� Monroe County, Florida "The Florida Keys" 4579 NO �� From: I�z�smm��o� To: ^ gC Cc: Ce5antis-William;�d��o1�u Subject: RE: Replacement m the railing and stairway handrails m the Ellis Building Date: Friday,August 30, 20249:*7:00AM Attachments: RFS 88770 Overseas Hwv-ReDlacement of railina and stairwa�Lhand rails(Rev final legal stamped 8-22-24).Ddf Good morning, Wc recently sent you ouemail rcgurdiughidofVrthoBUioBuilding - FlcplooccncntofFluiliugo and Stairway Handrails project. All bids are due back tous by Tuesday, September 3, 2024, at |2:OOPM. lf you are not interested in bidding of this project, plcoacictuoknovv. Respectfully, Margo 7homyson Executive Assistant,Lower Keys[uoi6doo Maio\u0000u Monroe County Public Works Stop 9C l23 Overseas Highway (Rockland Kcy).Key West,[i33040 Office Phone: (305)295'43071Cul|phooe: (305)393'2860 Monroe County, Florida "The Florida Keys" From:Thompson-Margo Sent: Friday, August 23, 2024 11:49 AM To: davegab|evve|ding@gmai|.cVm Cc: Oe5ands-William <DeSantis-VVi||iam@ MonroeCVunty-FLGVv>; [V||ins-[hrissy<CV||ins- Chrissy@Monroe[ounty-FL.GVv> Subject: Replacement Vfthe railing and stairway handrails in the Ellis Building Good morning, We are requesting bids no replace the railing and stairway handrails in the Ellis Building of the Monroe County Government Center, located at 88770 [h/coycua fliohxruy, Tovcu)ic[, Fl. 33070. We are accepting bids through Soptcn)hcr3, 2024, at |2:OOprn via email to . Plcoao see the attached Request for Service for additional infbon0tion and Scope of Work details. lf you need to aco the johsinc, please contact Kevin Dillon ut305-363-92O0. Respectfully, 4580 '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 Thon7pson-MarLyo((i)MonroeCounty-F'L. ovv www.monroecount 4 ..Vov I � Monroe County, Florida "The Florida Keys" 4581 ATTACHMENT E ADDITIONAL BID REQUESTS COTTRELL WELDING 4582 From: To: cu Collins- Subject: Fw: Ellis Building Replacement m Railings and Stairway Handrails Date: Friday,August 23, 2024 zz:sy:uupIVI Attachments: RFS 88770 Overseas Hwv-ReDlacement of railina and stairwa�Lhancl rails(Rev final legal stamped 8-22-24).Ddf From:Thompson-Margo Sent: Friday, August 23, 202412:44P�� To: Cot . |svve|din ~ hoozom Cc: De5ands-William <De5ands-VVi||iam@MonroeCounty-FLGVv>; Collins-Chrissy<[o||in* Chrissy@MonroeCVunty-FLGov> Subject: Ellis Building Replacement of Railings and Stairway Handrails Good afternoon, We are requesting bids no replace the railing and stairway handrails in the Ellis Building of the Monroe County Government Center, located at 88770 Overseas Highway, Tavernier, FL 33070. We are accepting bids through Scptcnzhcr3, 2024, at |2:0Opno via email to . Please see the attached Request for Service for additional infVon0tionoud Scope ofWork details. lf you need no see the johoinc, please contact Kevin Dillon ot305-363-9200. Respectfully, MargoMargo �,�� 0mys0Y/ Executive Assistant,Lower Keys Facilities Maintenance Monroe County Public Works Stop 9C l23 Overseas Highway (Rockland Koy).Key West,[i33040 Office Phone: (3U5)295'43071Cd|phoou: (305)393'2860 Monroe County, Florida "The Florida Keys" 4583 From: Christine Harrelson To: Thomason-Maroo Subject: Re: Ellis Building-Replacement of Railings and Stairway Handrails Date: Tuesday,September 3,2024 12:05:44 PM CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. On this project I will not be submitting a bid Matthew Cottrell 101801 Overseas Highway Key Largo, FL 33037 305-451-1551 Office 305-522-6932 Cell On Friday, August 30, 2024 at 09:49:20 AM EDT, Thompson-Margo <thompson-margo@monroecounty- fl.gov>wrote: Good morning, We recently sent you an email regarding bids for the Ellis Building - Replacement of Railings and Stairway Handrails project. All bids are due back to us by Tuesday, September 3, 2024, at 12:00PM. If you are not interested in bidding of this project,please let us know. 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 ( Cellphone: (305)393-2860 Thompson-Margo a)MonroeCounty-FL.gov www.m o n roecou ntyzfl.gov ,p Monroe County, Florida "The Florida Keys" From: Thompson-Margo Sent: Friday, August 23, 2024 1.00 PM To: cottrellwelding@yahoo.com Cc: Collins-Chrissy <Collins-Chrissy@MonroeCounty-FL.Gov> Subject: FW: Ellis Building - Replacement of Railings and Stairway Handrails 4584 ATTACHMENT F 2024 FLORIDA PROFIT CORPORATION ANNUAL REPORT FOR: PRECISION CONTRACTORS OF SOUTH FLORIDA, INC 4585 2024 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P17000101249 Mar 06, 2024 Entity Name: PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. Secretary of State 5587541758CC Current Principal Place of Business: 7761 SW 34TH TER MIAMI, FL 33155 Current Mailing Address: 7761 SW 34TH TER MIAMI, FL 33155 US FEI Number: 82-3876447 Certificate of Status Desired: No Name and Address of Current Registered Agent: GAMEZ,JOSE R 7761 SW 34TH TER MIAMI, FL 33155 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 Officer/Director Detail : Title P Title OFFICER Name GAMEZ,JOSE R Name GONZALEZ,ALEX J. Address 7761 SW 34 TER Address 7761 SW 34TH TER City-State-Zip: MIAMI FL 33155 City-State-Zip: MIAMI, FL 33155 FL 33155 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/am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes,and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:JOSE R. GAMEZ PRESIDENT 03/06/2024 Electronic Signature of Signing Officer/Director Detail Date 4586 ATTACHMENT G FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. 4587 IH 0 II: F: II C II o"II S II F 0 IF: F 1 0 Iltio II II o� i�� II o" F ,z II 4 r 0 II: , U1 S II I b II S S 18, o 0 II S S II 0 //"'A" G IU, IL.UA" F II 0 l""'l „ tr:==��l y y� q^ p� . la � I I �� i �Ipp I�W:::: KnPoX. 111•T�'"G gC .� �w i�;i .l ON LJII I I('mm SEER, III I('mmS ( I(mm°T III ILL 10:41:55 AM 81112024 Apply foir a Il...li(;eiruu3e Licensee Information V,urity a I ,m51', Name: GONZALEZ,ALEX JASON (Primary Name) PRECISION CONTRACTORS OF SOUTH Vew Il ood & Il..ardgiiirng Ilirn ,Ilrs;^a;fliio n,us FLORIDA, INC. (DBA Name) idle CoirnIl:rll iiirnfl Main Address: 15733 SW 43 TER MIAMI Florida 33185 G,o nfl nuuiurng I[E.duucaflo n Course County: DADE Search V e Allr:flhcafl rirn Status License Location: 7761 SW 34 TER MIAMI FL 33155 I iirnd Il::x irn Ilirnfoirimafliio n County: DADE l,➢irflhcen ,ed Aa;fliwrofly Search License Information Al[3��i Il)s;^Iliiirnr�u.us;^irnfl Ilirn°��ua;a;^��Aa;fliiwriifly ust Search License Type: Certified General Contractor Rank: Cert General License Number: CGC153175 Status: Current, ctive Licensure Date: 03/24/2022 Expires: 0 /31/2024 Special Qualification Effective Qualifications Construction 03/24/2022 Business Alternate Names V&dv 6::flaYi8d IceI sr� I"I'ficiilrn'i t:ciiI I 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 4588 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. 4589 IH 0 II: F: II C II o"II S II F 0 IF: F 1 0 Iltio II II o� i�� II o" F ,z II 4 r 0 II: , U1 S II I b II S S 18, o 0 II S S II 0 //"'A" G IU, IL.UA" F II 0 ""'1 „ tr:==��l y y� q^ p� . la � I I �� i �Ipp I�W:::: KnPoX. 111•T�'"G gC .� �w i�;i .l ON LJII I I('mm SEER, III I('mmS ( I(mm°T III ILL 1:07:05 PM 911012024 Apply foir a Il...li(;eiruu3e Licensee Information V,urity a I ,m51', Name: GONZALEZ,ALEX JASON (Primary Name) PRECISION CONTRACTORS OF SOUTH Vew II ood & Il..aralgiiirng Ilirn ,Ilrs;^a;fliio n,us FLORIDA, INC. (DBA Name) idle a CoirnIl:rllaiiirnfl Main Address: 15733 SW 43 TER MIAMI Florida 33185 G,o nfl nuuiurng I[E.duucafliio n Course County: DADE Search VoewAylr:flhcafliio n Status License Location: 7761 SW 34 TER MIAMI FL 33155 I iirnd Il::xairn Ilirnfoirimafliio n County: DADE l,➢irflhcen ,ed y,a;fliwrofly Search License Information y,ll 3��l Il)s;^Iliiirnr�u.us;^irnfl Ilirn°��ua;a;^��y,a;fliiwriifly ust Search License Type: Certified General Contractor Rank: Cert General License Number: CGC153175 Status: Delinuent, ctive Licensure Date: 03/24/2022 Expires: 0 /31/2024 Special Qualification Effective Qualifications Construction 03/24/2022 Business Alternate Names V&dv 6::flaYi8d I IceI sr� I"I'ficiilrn'i t:ciiI I "h?&dv Cicrrqo4iit 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 4590 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. 4591 ATTACHMENT H LOCAL BUSINESS TAX RECEIPT PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. 4592 Local Business Tax Receipt Miami—Dade County, State of Florida —THIS IS NOT ABILL—DO NOT PAY 7340258 RECEIPT NO. \ILBTJ RENEWAL BUSINESS NAME/LOCATION 7632735 EXPIRES PRECISION CONTRACTORS OF SEPTEMBER 30, 2025 SOUTH FLORIDA INC 7761 SW 34TH TER Must be displayed at place of business '' Pursuant to County Code MIAMI, FL 33155-3523 Chapter 8A—Art.9&10 �� , OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED PRECISION CONTRACTORS OF 196 GENERAL BUILDING BY TAX COLLECTOR SOUTH FLORIDA INC CONTRACTOR C/n Al FX.I r.nN7A1 F7 01JAI IFIFR 75.00 08/29/2024 Worker(s) 1 CGC1531875 INT-24-474092 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 4593 Monroe County Purchasing Policy and Procedures ATTACHMENT D--'; COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- Motorola Solutions, Inc. Contract 4 U,SC000006829 Effective Date: 10.'01.2024 Expiration Date: M30,2025 Contract Purpose/Description: Annual Depot Direct Support ervices for APX Radios from Motorola Solutions,,Inc. The;term commences on 10.01.2024;::grid expires on 09.X,2025, Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: GheH Tem"borski 3015180.60188 MCFRl top #14 101-11001-530341 SC_00062(4%) $ 86.15 141-11500-530341 SC_00062(93%) $2,002.88 404-63100-530341 SC_00062(3%) $ 64.61 CONTRACT COSTS Total Dollar Value of Contract: $ 2,153.64 Current Year Portion: $ 0 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the N�7";,Bd �.Kod�R ihlY d��,.nRoo�a4.tua is $NtffP t,lt,lif ff�,l,vr d;,.; Budgeted?Yes No� Grant: $N/A County Match: $ N/A Fund/Cost Center/Spend Cate of : see above ADDITIONAL COSTS Estimated Ongoing Costs: $0 /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES El NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: .lames K. Callahan Dig,2024.09.0YJe0443 0400 a° oa,e:zsza.os.zs 16 sa:as-oa�oo ro e County Attorney Signature: Risk Management Signature: 9.24.24 Purchasing Signature: ,rQ�2 2u Digitally signed by John Quinn OMB Signature: John Q U Inn Date:2024.09.24 09:41:57-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4594 0 MCaTOROLA SOLUTIONS SERVICE AGREEMENT 500 WMonroe St Contract Number: USC000006829 Chicago, IL 60661 Contract Modifier: R19-APR-24 17:44:25 (800) 247-2346 Date: 17-J U N-2024 Company Name: Monroe County Board Of County P.O.#: N/A Commissioners Customer#: 1000961187 Attn.: Cheri Tamborski Bill to Tag#: 0023 Billing Address: 490 63rd St Contract Start Date: 01-OCT-2024 City, State, Zip Code: Marathon, FL 33050 Contract End Date: 30-SEP-2025 Customer Contact: Cheri Tamborski Payment Cycle: IMMEDIATE Phone: 305-289-6088 Currency: USD QTY MODEL/OPTION SERVICES DESCRIPTION MON E T LY EXTENDED AMT ***** Recurring Services***** LSV01S00023A ESSENTIAL W ACCIDENT DAMAGE $189.58 $2,153.64 Sub Total $189.58 $2,153.64 Taxes $0.00 $0.00 SPECIAL INSTRUCTIONS -ATTACH STATEMENT OF WORK FOR PERFORMANCE Grand Total $189.58 $2,153.64 DESCRIPTIONS THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA Annual Service Agreement for Monroe Fire Department to cover APX SOLUTIONS radios with Depot Direct support for radios included in the attached inventory. 4595 I have received Applicable Statements of Work which describe the Services and cybersecurity services provided on this Agreement. Motorola's Terms and Conditions, including the Cybersecurity Online Terms Acknowledgement, are attached hereto and incorporate the Cyber Addendum (available at https-://www motorolasolutions.com/enus/managed-support-services/cybersecurity.htmi) by reference. By signing below Customer acknowledges these terms and conditions govern all Services under this Service Agreement. Assistant County Adminstrator 9/24/2024 AUTHOR ZED CUSTOMER SIGNATURE TITLE DATE Kevin Wilson CUSTOMER (PRINT NAME) anctwAtaAm esm 6-17-204 MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE CINDEE MARKES 954-520-8868 MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE ANISE CSOt1 A BNE .w FORM PED9OJ-MERCA0G ASSISTA�&=UNTY A Date 9-23-24 2 4596 Company Name Monroe County Board Of County Commissioners Contract Number USC000006829 Contract Modifier R19-APR-24 17:44:25 Contract Start Date 01-OCT-2024 Contract End Date 30-SEP-2025 3 4597 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer') hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date" indicated in this Agreement. Section 4.SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; 4 4598 excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6.TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers) that will be available twenty-four(24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period.All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3%during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the New Year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base) Section 9.WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of 5 4599 termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three(3)years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise,will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property,will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY 6 4600 During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a"Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. 4601 Section 18 Insurance Requirements. Motorola shall furnish Certificates of Insurance indicating the required coverage limitations in the following amounts: Coverage Required Limits Form 4 Commercial General Liability $500,000 GG 001 0413 Vehicle Liability $300,000 C CA204 81013 Workers' Compensation Statutory WC00 Wl1 Employers Liability $500,0001$500,0001$500,000 Monroe County Board of County Commissioners must be listed as Certificate Holder and included as Additional Insured on General and Vehicle Liability as follows: Monroe County Board of County Commissioners, 1100 Simonton Street, Key West FL 33040. $ 4602 Addendum to Motorola Solutions Service Agreement Contract Number: USC000006829 1) Payments. A) County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and within forty-five(45)days of the submission of invoice by Motorola Solutions. B) Motorola Solutions shall submit to County invoices with supporting documentation acceptable to the Clerk, on an ANNUAL schedule in advance of the service period. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 2) Books, Records and Documents. Motorola Solutions shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Motorola Solutions pursuant to this Agreement were spent for purposes not authorized by this Agreement, Motorola Solutions shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Motorola Solutions. 3) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Motorola Solutions agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 4) Attorney's Fees and Costs. The County and Motorola Solutions agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 5) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Motorola Solutions and their respective legal representatives, successors, and assigns. 9 4603 6) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7) Adjudication of Disputes or Disagreements. County and Motorola Solutions agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The County and Motorola Solutions representative shall try to resolve the claim or dispute with meet and confer sessions. 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. 8) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Motorola Solutions agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Motorola Solutions specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;9)The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 10) Covenant of No Interest. County and Motorola Solutions covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 10 4604 11) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 12) Public Records Compliance. Motorola Solutions 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 Motorola Solutions shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Motorola Solutions in conjunction with this contract and related to contract performance. The County shall not have the right to access proprietary or confidential information. The County shall have the right to unilaterally cancel this contract upon violation of this provision by Motorola Solutions. Failure of Motorola Solutions to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Motorola Solutions is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Motorola Solutions is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer,at no cost,to the County all public records in possession of Motorola Solutions or keep and maintain public records that would be required by the County to perform the service. If Motorola Solutions transfers all public records to the County upon completion of the contract, Motorola Solutions shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Motorola Solutions keeps and maintains public records upon completion of the contract, Motorola Solutions shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify Motorola Solutions of the request, and Motorola Solutions must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If Motorola Solutions 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 Motorola Solutions. An entity who fails to 11 4605 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. Motorola Solutions 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 MOTOROLA SOLUTIONS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MOTOROLA SOLUTIONS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 13) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Motorola Solutions in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. 14) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 15) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 16) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Motorola Solutions agree that neither the County nor Motorola Solutions nor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 12 4606 17) Attestations. Motorola Solutions agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 18) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Monroe County Tit e Assistant County Adminstrator Date 09.24.2024 Al" PROVE FORM 7 d,naaa: . P. O.J. ACC _.:. - Motorola Solutions A 8t T UNTY ATTORNEY Date 9-23-24 eitaw .4twdica Cindee Markes 13 4607 MOTOROLA SOLUTIONS Statement of Work Service From The Start (SFS) SFS Comprehensive 1.0 Description Service From The Start(SFS)Comprehensive provides all-component level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work (SOW) is attached or any of the agreement's subsequent revisions. Services are performed at the Radio Support Center(RSC),or Federal Technical Support Center. SFS Comprehensive is only applicable on XTS,XTL,APX and some MOTOTRBO model radios.A radio model may be added to an SFS Comprehensive service agreement while it is currently being manufactured by Motorola,or for up to one (1)year after manufacturer cancellation date of said model. SFS Comprehensive includes: A. Repair and or replacement of cracked housings, frames,covers,crushed components, shields,missing components,circuit boards,warped circuit boards B. Damage to LCD screens(cracks to screen, or any damage that does not pass Motorola test parameters) C. Damaged foils/traces/lands D. Electrical damage E. Water/chemical corrosion F. Contaminants visible which cannot be cleaned up reliably The customer will incur additional charges at the prevailing rates for any of the following activities,which are NOT covered under SFS Comprehensive: A. Replacement of consumable parts or accessories,as defined by product, such as batteries,antennas, and other similar items B. Damages from natural or man-made disasters where normal use of the product was not a factor, such as but not limited to fire,theft, and floods that would cause internal and external component damage or destruction. C. Non-remedial work,such as but not limited to firmware or protocol upgrades, reprogramming,and product configuration D. Repair of non-covered products E. Damages caused by using the device outside of the product's operational and environmental specifications F. Damages caused as a result of the device being modified or repaired by a third party Motorola reserves the right to monitor the customer's repair history under this SFS Comprehensive service agreement. Motorola may take appropriate action if the customer's repair history under this SFS Comprehensive service appears to be in violation of this Statement of Work. MOTOTRBO,XTS,XTL and APX model radios that are presently on a standard service agreement may be transferred to an SFS Comprehensive service agreement. These transferred units must either be models that are currently being manufactured by Motorola or models where manufacturing by Motorola was canceled within the prior 364 days. Customers who wish to add MOTOTRBO,XTS,XTL and APX model radios that are currently being manufactured by Motorola that are not presently on a standard service agreement must be operating in accordance with Motorola specifications,and are not damaged. if Customer attempts to add radios to the SFS Service Agreement that are not operating in accordance with Motorola specifications or are damaged,Motorola may either terminate the Service Agreement,as provided in the Service Terms and Conditions,or in its sole discretion, Motorola may terminate just those services covered by this SFS Comprehensive Statement of Work. Motorola recommends a Preventative Maintenance check be completed on radios that are not currently under an SFS service agreement so the customer can confirm radios are operational and aligned with Motorola specifications, and are not damaged. 14 4608 In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start Comprehensive includes single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. SFS Comprehensive excludes repairs to: optional accessories; standard mobile palm microphones;non-standard mobile microphones;iDEN mobile microphones;portable remote speaker microphones; optional or additional control heads; mobile external speakers;mobile power and antenna cables; and power supplies.Engraving service is not covered under SFS Comprehensive. SFS Comprehensive is non-cancelable and non-refundable.If Equipment is added to the agreement subsequent to the Start Date,these units are also non-cancelable and non-refundable for the agreement duration.Equipment may only be added to the agreement,via a customer signed or emailed Motorola Inventory Adjustment Form(IAF). Complete and accurate serial numbers and model descriptions must be supplied. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the 1 st of the following month.Equipment add-on requests received after the 15th of the month will be effective the 1 st of the next succeeding month. Equipment deletions from the agreement may only be deleted under the following limited conditions: a) Equipment was stolen and proof of theft is provided to Motorola;or b) Motorola determines Equipment is damaged beyond repair;or c) Motorola determines Equipment is no longer supportable or is obsolete; or d) Equipment had already been under a previous contract for at least the twelve month requirement. Equipment deletions,where applicable,will be effective at the end of the month in which the request was received. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable agreement and this Statement of Work, the provisions of this Statement of Work shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual(FM),and Mine Hazard Safety Association(MHSA). 2.2 Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup..If the Customer template is not usable,a generic template or code plug utilizing the latest Radio Service Software(RSS)or Customer Programming Software(CPS)version for that Equipment will be used. The Equipment will require additional programming by the Customer to restore the original template. All Firmware is upgraded to the latest release for each individual product line. 2.3 Clean external housing of the Equipment.External components of unit will only be replaced when functionality has been diminished. 2.4 Replace currently manufactured Equipment if it is determined that the Equipment is unrepairable.Motorola will contact the customer to inform them if Equipment needs to be replaced and that the cycle time may be increased because of the replacement.If unrepairable Equipment is no longer manufactured, the Customer will have the option of having the radio returned unrepaired to them. 2.5 Pay the outbound freight charges.Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 2.6 Provide Customer with the Motorola repair request form and Inventory Adjustment Form(IAF). 2.7 Perform covered services as requested by Customer on the Motorola repair request form. 2.8 Process inventory adjustment requests received by email or fax from Customer.If the request is received by email,Motorola will email an acknowledgement to the sender. 2.9 If applicable,notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.I Supply Motorola complete and accurate serial numbers and model description. 3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping 3.3 Access the Motorola repair request form and Inventory Adjustment Form(IAF)through Motorola On Line. 3.4 Initiate service request via Motorola On Line or complete a Motorola repair request form with contract number referenced,and submit it with each unit of Equipment sent in for service.Mobile control heads or palm microphones sent in must reference the serial number of the main unit. 15 4609 3.5 If desired, supply Motorola with a backup Software template or programming in order to assist in returning the Equipment to original operating parameters. This step must be completed for Equipment that will not power up. If applicable,record the current flashcode for each radio. 3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition,Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.7 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. 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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 L' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT a NAME: Aon Risk services central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 d Chicago IL office (A/C.No.Ext): (A/C.No.): a 200 East Randolph E-MAIL p Chicago IL 60601 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC q INSURED INSURER A: Liberty Insurance corporation 42404 Motorola solutions, Inc. INSURER B: Liberty Mutual Fire Ins Co 23035 Attn Stephanie Lampi SOO West Monroe INSURER C: Chicago IL 60661 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:5701 071 71 744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY Y TB26410OS169074 07 Ol 2024 07 01 2025 EACH OCCURRENCE $S,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED $S,000,000 PREMISES fEa occurrence MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $S,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $S,000,000 r X POLICY PRO- ❑LOC PRODUCTS-COMP/OP AGG $S,000,000 a OTHER: LUJ B Y As2-641-005169-014 07/01/2024 07/01/2025 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,OOO,OOO Ea accident X ANYAUTO BODILY INJURY(Per person) C Z OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE U ONLY AUTOS ONLY (Per accident — 41 UMBRELLA LIAB OCCUR EACH OCCURRENCE L) EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND Y WA764DOOS169084 07/01/2024 07/01/2025 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY ER v/N All other States ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $SOO,OOO A OFFICER/MEMBER EXCLUDED? F9 NIA WC7641005169094 07/01/2024 07/01/2025 (Mandatory in NH) WI E.L.DISEASE-EA EMPLOYEE $S00,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $SO0,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe county Board of commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. A waiver of Subrogation is granted in favor of Monroe county Board of commissioners in accordance with the policy provisions of the workers' compensation policy. CERTIFICATE HOLDER CANCELLATION DATa 1024 D SHOULD ANY OF THE ABOVE DESCRIE r-u +rc, EXPIRATION DATE THEREOF, NOTICE WIL POLICY PROVISIONS. _y Monroe County Board of AUTHORIZED REPRESENTATIVE r county commissioners 1100 Simonton street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4613 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 4614 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 4615 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 4616 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 4617 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 4618 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 4619 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 4620 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 4621 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 4622 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 4623 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 4624 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 4625 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 4626 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 4627 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 4628 i l 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 4629 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 4630 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 4631 (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), in 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 4632 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 4633 1 I i I G) Prohibition on certain telecommunications and video surveillance services or c ui ment as set forth in 2 CFR 200.216. 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 4634 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 4635 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 4636 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 4637 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 4638 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 4639 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 4640 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 4641 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 4642 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 4643 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 duly 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 Email: 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 Date: BY: Acting County Administrator or Designee MONROE COUNTY ATTORNEY'S OFPCE ED^S TO Page 30 of53 PATRICAEABLES ASSISTANT, fORNEY DATE: 4644 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 Expires 04/2112025 4645 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 4646 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 9E] 4647 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 4648 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 4650 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 4651 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 4652 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 4653 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 4654 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 4655 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 4656 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. In 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 4657 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 4658 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 4659 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 HCNE. 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 BEL0WHAVE 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(Per 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 O2/19/2O2S (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 4660 i ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT i i I Page 47 of 53 E 4661 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 4662 € 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 4663 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 4664 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 4665 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 4666 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 4667 ATTACHMENT B KEYS STEAM MASTER ESTIMATE FOR GATO BUILDING - SECOND FLOOR AIR DUCT CLEANING 4668 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 4669 1 / 1 ATTACHMENT C KEYS STEAM MASTER EMAILS REGARDING BID 4670 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 4671 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 4672 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 4673 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 4674 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 4675 ATTACHMENT D 2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT EE&G CONSTRUCTION & RESTORATION, LLC 4676 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 I 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 4677 ATTACHMENT E FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LICENSE DETAILS EE&G CONSTRUCTION & ELECTRICAL, LLC 4678 H 0II : IICIIo"II SII 0 1II : II 0IltioIIII o� i II o"Iltio ii I,zII sir 0II: , U1SIIIbII SS 18, o 0 S S II 0 l,b l/'"IL... II o II II[ G IU, IL.../!'" 0 l'"'l d b' " Ir tuiYui aid„is iva IluyllW::. ��O�II�ITAB u, KY I,,",: P ul ilr IrI 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 ,m51', Name: WOODS,ADRIAN BRUCE (Primary Name) EE&G CONSTRUCTION &ELECTRICAL Vew Il:ood & Il..ardgiiirng 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 nfl nuuiurng I[E.duucaflo n Course County: ORANGE Search n V e Allr:flhcafl rirn 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. 4679 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 4680 (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 4681 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 fees)are stthntitted 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 ENIORALES a 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 ot'Coq)orations Division of Corporations P.O. Box 6327 The Centre of"Tallahassee Tallahassee, 1-L 323E 4 241 5 N. Monroe Street, Suitc S 10 Tallahassee, FL 32303 4682 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. 4683 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 4684 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 4685 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 4686 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 4687 Filing Fee: 525.00 ATTACHMENT G LOCAL BUSINESS TAX RECEIPT MIAMI-DADE COUNTY, STATE OF FLORIDA EE&G CONSTRUCTION & RESTORATION, LLC 4688 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 4689 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Check Electric LLC Effective Date: See Terms Below Expiration Date: Contract Purpose/Description: Proposal#24-101 Rockland Clerk's Office Storage Building Lighting Installation Contractor shall commence performance within ten(1,0)calendar days of date of issuance of a Notice to Proceed,Purchase Order,or Task Orde 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 I Stop#9C CONTRACT COSTS Total Dollar Value of Contract: $ 23,580.00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the iot411 ainni.hliir v 4mlltwnw is 1 00.000.00 or I ss). Budgeted? Yes■❑ No ❑ Grant: $ 23,580.00 County Match: $ NIA Fund/Cost Center/Spend Cate o : 125-06067-00061 1 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 COI 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 092711''30''46-04'00' Jaclyn Platt Digitally signed by Jaclyn Platt Risk Management Signature: Date''2024'092712''0623-04'00' Purchasing Signature: Lisa Abreu Digitally 20241008ned yLisa Abreu Date'.2024.10.08 16'.12'.36-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date'.2024.10.08 16'.10'.46-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4690 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR ROCKLAND CLERK'S OFFICE STOAGE BUILDING LIGHTING INSTALLATION BOARD OF COUNTY COMMISSIONERS Mayor Molly Merrill Raschein, District 5 Mayor Pro Tem Janes K. Scholl, District 3 Craig Cates, District 1 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 I of 53 4691 Monroe County Facilities Maintenance General Scope of Work Job Name: ROCKLAND CLERK'S OFFICE STORAGE BUILDING— LIGHTING INSTALLATON Job Location: Rockland Clerk's Office Storage Building (formerly Mama's Rock & Sand) 11 I Overseas Highway Units 101 and 203 Rockland Key, FL 33040 Contact: Chrissy Collins - Facilities Maintenance Collins-chi-iss , ii,iiii)iiri)ecotitN,-tl.LyoN, 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 provide and install a new lighting system at the Rockland Clerk's Storage Building, located at I I I Overseas Highway, Units 101 and 203, Rockland Key, Florida 33040•1 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. Conti-actor 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 h`, Owner of a Notice to Procce(l, 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: Monroe County Building Department and ally other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. Page 2 of 53 4692 ...........- B) All quotes are due by Tuesday, September 17, 2024, at 12:00 P.M., via email to collins-chrissyCa,,monroccounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to provide and install a new lighting system at the Rockland Clerk's Storage Building, I I I Overseas Highway, Units 101 and 203, Rockland Key, Florida: • Demo and discard the existing eight (8) track lights/heads, five (5) ceiling fans, four(4)4' strip light fixtures and bulbs,two(2)2'x4' surface mounted light fixtures and three (3) light switches • Provide and install four (4) 20a duplex quad receptacles and covers • Provide and install two (2) 20a 3W switches and covers • Provide and install sixteen (16) 2x4' LED drop-in fixtures • Provide and install eighteen (18)4' LED suspended fixtures • Provide and install four(4) 4' LED surface mounted fixtures • Provide and install four (4) 4' LED surface mounted fixtures with a dedicated toggle switch and cover for rear office • Provide and install four (4) 4' surface mounted fixtures and two (2) toggle switches and covers in the bathrooms 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Chrissy Collins at 305-304-9711 13) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures 11. 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. Page 3 of 53 4693 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 1) All materials must be approved by submittal prior to commencement of work. ,1) The Contractor shall provide a lump sutra price by Tuesday, September 17, 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 Page 4 of 53 4694 or $300,000 Combined Single Lit-nit 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 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 perforn-i 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 $I 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 Page 5 of 53 4695 occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination or 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 Conti-actor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. United States Department of the'Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treas►zry 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 tennination 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 at-rived 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 subtrilt 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. 0 10-1990 or any County officer or Page 6 of 53 4696 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 112.3 13,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation-, misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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 ill 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. Page 7 of 53 4697 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 nondi scirim i nation on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12.101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, 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 &iployment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Aniending Executive Order 11246 Relating to Equal Eny)1o'i.,ment OpportunitV, 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 11,¶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 then-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 Page 8 of 53 4698 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 mariner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of' other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless Such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish infon-nation. 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 Page 9 of 53 4699 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 I t 246 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 (I) and the provision of paragraphs (I) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et scq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency"in any program or activity receiving federal financial assistance,42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 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 tenrunate this agreement for cause with Contractor should the Contractor fall to perform the covenants herein contained at the time and in the manner herein Page 10 of 53 4700 ---------- provided. In the event of such ten-nination, 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 ten-ninates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid Linder this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 terrilinates 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 287.13 5(5)(a). Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 111) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance Linder 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 arty to Z� p 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 ten-nination of Page 11 of 53 4701 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 See, 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 I by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Oft-ice of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. IV) Rimht to Audit. ,4iwdabilitv 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 unsuccessftil 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 confirniations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project, If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not Page 12 of 53 4702 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. Slat., See. 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 disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Chrissy Collins via email at collins- chrissv('a monroecou1rtN,_JJ.1J(),.r. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to., and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Slat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required tw Page 13 of 53 4703 (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor, A Contractor who falls 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, MAN BRADLEY AT PHONE NO. 305- 292-3470, BRADLEY-BRIANraMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12" Street, SUITE 408, KEY WEST, FL 33040. Page 14 of 53 4704 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 ten-n. Any subcontractor shall provide all 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. Vill) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed ill writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: ` ' -Chff-� E C 3355, H ,a For Owner: Facilities Maintenance Department Attention: Chrissy Collins 123 Overseas Highway —Rockland Key Key West, Florida 33040 And Monroe County Attorney's Office till 12 h Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations Linder this Agreement will be excused to the extent that the delay or failure was caused directly by all 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, Page 15 of 53 4705 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, 47 invasion, hostilities (whether war is declared or riot), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project-, (d) government order or law ill the geographic area of the Project; (c) 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 perfon-n, changes in cost or availability of materials, components,or services,market conditions,or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after Such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. X) Adsudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 1, Nondiscrimination, or Section 11, concerning Ten-nination 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 11 to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act (42 U.S.C. §§7,401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 01251-1387), 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. §51251- 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 Page 16 of 53 4706 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 Trcasury/Fcdcral 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. M702 and 3704, as supplernented by Department of Labor regulations(29 CFR PaiT5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do, not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability lbr unImid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(I) 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 cornputed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(I) of this section, in the sum of S27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty Page 17 of 53 4707 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) ff"ithhoNing fvr• unImid 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 ender any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work.Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1)through(4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, Paragraphs (1) through (4). C) Bights to Inventions Made Under a Contract or Alyeement. If the Federal award meets the definition of `funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implernenting regulations issued by the awarding agency. D) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award under a "covered transaction" (see 2 CFR §180220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235). "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at V11%k%�,s r�m:(Yo_v. Contractor is required to verify that none of the contractor's principals (defined at Page 18 of 53 4708 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to Include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. E) Byrd Anti-Lobbying Amendment(31 U.S.C. �1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the cer-tification(s) to the awarding agency. If the award exceeds $100,000, the attached certification must be signed and submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CFR 200.323. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act, The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of th Is contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired Page 19 of 53 4709 1. Competitively within a timefrarne providing for compliance with the contract performance schedule; 2. Meeting contract performance requirernents; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, JN�o-Val The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G) Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR�200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawet' 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). (H) 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 Page 20 of 53 4710 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. 1) Copeland "Anti-Kickback" Act J2 C.F.R. 200, Appendix 11 (D); 40 U.S.C. 43145). This section applies if the ('017traCt is in excess of$2,000 and pertains to construction or repair, andfio-ther, if required h'V Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give Lip any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 5. Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 1. 1, 2021), authorizes the Department of the Treasury(Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds), Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 1990 (ADA), as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by tile Contractor pursuant thereto. B) Disadvantaized Business Enterprise (DBE) Policy and Obli2ation. 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 Page 21 of 53 4711 contracts financed in whole or in part with County funds tinder this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S-BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to aSSLIN that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affin-native steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential Sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, (4) Establishing delivery schedules, where the reqj Lirentent 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(I)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: ( I) 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 Page 22 of 53 4712 the right to examine and copy records, accounts, and other documents and sources of information related to the grant and pen-nit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports, D) Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change Must be approved in writing by both the County and Contractor. E) Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if'. (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds S30,000.00 as defined in 2 C.F.R. §170.320-1 (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 S25,000,000.00 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 about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at L�,_,Secgox '111 S,""c I-SI/ex ecol lit Ill. F) No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non- Federal entity, contractor or any other party pertaining to any matter resulting from the contract. G) Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for Page 23 of 53 4713 False Claims and Statements) applies to the Conti-actor's actions pertaining to this contract. H) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors perfori-ning work or providing Services pursuant to the Contract to likewise utilize the U.S, Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 1) The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. J) The Contractor shall hold the United States and County han-riless 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 Linder 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 recoupirient as provided in Section 602(c) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(Ill) of the Act, as applicable. N) Compliance with Federal Law, Reizutations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only, The Conti-actor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury Page 24 of 53 4714 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: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than Such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. ii . 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. I.V. 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 X11 to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20, VIL New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniforin 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. 0) 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 Page 25 of 53 4715 activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. P) False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,debarment from participating in federal awards or contracts, and/or any other remedy. Q) Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 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(c) and 603(b)(2)(D) of the Act and have not been repaid by Conti-actor shall constitute a debt to the federal government. b. Any debts deten-nined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. S) Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the perfon-nance 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. Page 26 of 53 4716 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, inforrnation that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: I. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; III. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management" v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii, A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided Linder this section, in the predominant native language of the workforce. U) Inereasinp_Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217(Apr. 18, 1997),the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. V) Reducini! Text Messaginp, While Driving, Pursuant to Executive Order 13513, 74 FR 51225 (Oct, 6, 2009), the Contractor should encourage its employees, subrccipients, 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. Pa-c 27 of 53 4717 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 123 Overseas Highway—Rockland Key Key West, FL 33040 PROPOSAL FROM: „ " l ` ;") c The undersigned, having carefully examined the Work and reference Drawings,. Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: ROCKLAND CLERK'S OFFICE STORAGE BUILDING, LIGHTING INSTALLATION, 111 OVERSEAS HIGHWAY, UNITS 101 AND 203, ROCKLAND KEY, FL 33040 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 4718 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. Ap= �WCC +hU)5C(ffj HVC hLfd(Cdf_,,,jOM' Dollars. (Total Base Proposal- words) $ Cy ",3 , r__ cc Dollars. 0 (Total Base Proposal —numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 29 of 53 4719 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 Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set C, forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://fl-i-nonroccounty.civicplus.coi-n/Bids.aspx?CatlD=18; AND 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 executed by their duly authorized representatives, as follows: Contractor: 0 ICC�, COT C Mailing Address: BL,7) rioni,ov twc -Oa3 I kc itco Phone Number: 330 E.I.N.: Email: Date: -9 101LI 0H Signed: Name Title Contractor's Witness signature: Witness name: Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA Date: 10/10/24 By: Acting County Administrator or Designee MOON ROE COUNTY ATTORNEY'S OFFICE #gWED,.STO�f7R Page 30 of 53 PA'710A MLES ASSfnffl�� RNEY DATE: 4720 NON-COLLUSION AFFIDAVIT I of the city of anw- e perjury,according to law on my oath, and under p malty of perju " depose and say that: a. I am QIC5,I(Arn /0 U fy-r of the firm of clic(7c F I ff-*y-i C the bidder making the Proposal for the project described in the Request for Proposals for: ROUMI'm cicr ct (0 R.J1 ldc)� 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. (Signature &-Proposer) (Date) STATE OF: 6 n d CA COUNTY OF: Mmffle Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization, on rE( 3L4 I jCb_)A (date) by (name of affiant), !jp/ She is personally known to me or has produced (type of identification) as identification, 3 2 TARY 0 NOTARY PUBLli; PUBLIC HH My commission expires: (SEAL) or r\-o\\�11'1 Page 31 of 53 4721 ------------- LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ChCC - Occff(c, (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee" ww (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of Lohysical presence or El online notarization, on ---L-20 (date) by �&L (name of affiant). He/ She i$ pe�rsonally Known to.Me or has produced as identification. (Type of identification) \\'t �.— 7 7 NOTARY PUBLIC 1�\\\ O-�-.Vv7o771 My commission expires: (SEAL) :Z NOTARy PUBLIC cot. HVA OFFI-0 Page 32 of 53 4722 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: accy- elf("'HIC (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1 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 set-vices that are Linder bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are tinder 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 contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Finn complies fully with the above requirements. Pro poser's Signature 4 4 Date STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before tric, by means ofphysical presence or El online notarization, on<I-e A047c (date) by -cl (name of affiant). W/ She is persona kntijwn to me or has produced (type of identification) s id ratification. NOTARVP LIC (SEAL) 20 0 2 y R ,P*. -;: My Commission Expires: Z puwoc. Page 33 of 53 < A4 # .......... 1111,1,7'E OF 0w Ofill W0\0 4723 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." I have read the above and state that neither KQ(C I IQ °_ (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: q- STATE OF: 1;:�_� COUNTY OF: CY-mom Subscribed and sworn to (or affirmed) before me, by means of, physical presence or E online notarization, on the i Z L- v q da f ftAr,_,,r — k�_ 20S��L (date), by k I, — (name of affiant). _Ete/ She is p2Lsonafly-known to me or has produced identification. (type of identification) as C NOTARYPOBLIC (SEAL , My Commission Expires: 151 CD 7 A R Y P U RL 0 & 11m[11OF 100 Page 34 of 53 4724 � � VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: cllfc� Elccf7�c Vendor's Authorized Representative Name and Title: KQ re-1, a Y)IO14 - 0-U-11fr PhoneNumbe Email (k"Addreso� |L^^�' �>~r~�� ' '�� Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time nfcontracting or renewal,the company Is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 2154725. Florida SUstutee, or is engaged in e Boycott ofIsrael. Section 287.135. Florida SUatu0aa, also prohibits a company from bidding on, submitting o proposal for, or entering into or renewing a contract for 0uud or aomioee of $1.000.000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" im not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of|enae| and for Projects of$1.000.000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I uinderstand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be torminated, at the option of the Counh/, if the company is found to have submitted m false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the /nao Terrorism Sectors List orbeen engaged in business operations in Cube or Syria. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida |aw, is eligible tobid on, submit proposal for, or enter into or renew a contract with K4onma County for goods orservices. Certified By: who is authorized bnsign on behalf f the above Authorized Signature:!-`��— Noks� The List are available at the following Department of Management Services Site: Page 35of53 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES .Entity/Vendor Name: c. 1 B c Vendor FEIN: 7- ( C 3 80 30 Vendor's Authorized Representative: I GX (Name and Title) Address: City: State: (, Zip: , CB Phone Num er: - Email Address: Ch e-CY,e Ck-e C)�-etCCtYj C iIC. Off 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 7. Providing a controlled' substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under-penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida. Statutes, and agrees to abide by satire. Certified By: MM who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name: Title: t3t, `� Page 36 of 53 4726 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: I No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awardinO of any Federal contract, the making of any Federal ,rant, the making of any Federal loan, the entering into of'any cooperative agreement. and the extension, Continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 0 2 If any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and Submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under I- grants, loans, and cooperative agreements) and that all SLibrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a NJ ember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Forin-l-l-I.— "Disclosure of Lobbying ActiN itics," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each Such failure. The Contractor, KWO certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature ofContractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 37 of 53 4727 DISCLOSURE OF LOBBYING ACTIVIT'IES Approved Jryy 00.16 Complete this form to dJ,s.cl9sg lobbying activities Pursuant to 31 U S.C. 1352 0348-0046 (See reverse for pub4c burden disclosure 1. Type of Federal Action: ,2. Status of Federal Action: 3. Report Type:! a. contract f a bidlofferiapplication a initial filing Ll Ll F-1 b. grant i b initial avvard b material change c r-ooperatiNe agreement c. post-avyard For Material Change, Only: d. loan year—quarter e. loan guarantee j date of last report I loan insurance 4. Name and Address of Reporting Entity: 5, If Reporting Entity in No. 4 is a Subawardee, Enter Name Prime j Subawardee and Address of Prime: Tier— JkmkiL Congressional District, rf kagzLn- 6. Federal DepartmentlAgency: 7, Federal Program NamefDescription: CFDA Number, 8. Federal Act-ion Number, ;fL' qQim-: 9.Award Amount, 10. a. Name and Address of Lobbying Registrant b.Individuals Performing Services(.;nc;LicJ;-1g addresz-,if (If t,ndw duai, iaztnarrie., fir5t nwrfe &fferent from No 10a-1 (,'ast narrie, FIrSt laP'6, 1114;)r 11. Signature, t�, �—,v � '1-—1 60j.il.'-�7 Print Name- Tftle: Telephone No Date 7- Federal Use Only: AUtlIC07ed for Local ReprodUcton Standard Forin LILL'Rev. 7-97, Page 38 of 53 4728 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBVING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352,The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. I. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported,enter the year and quarter in which the change Occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardec of the prime is the 1st tier, Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5.If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment,Include at least one organizational level below agency name,if known.For example, Department of Transportation,United States Coast Guard, 7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8, Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g,, Request for Proposal (RFP) number; Invitation for Bid (IF13) number; grant announcement number; the contract, grant,or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "PFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10,(a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the fall names of the individual(s)perfon-ning services and include full address if different from 10 (a), Enter Last Name,First Name,and Middle Initial(Ml). 11.The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number,The valid OMB control number for this information collection is OMB No,0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information-Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503. Page 39 of 53 4729 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 40 of 53 4730 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. Paae 41 of 53 4731 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/S500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key 'West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere iru this agreement,Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage, fine,penalty or business interruption, and(m)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, sulk-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 42 of 53 4732 contract shall be equal to the dollar value of the contract and not less than S I 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. 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PRQPOSER'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. kOM Q�-- -'' PROPOSER Signature Page 43 of 53 4733 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The fallowing deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are /Occurrence -,--.--CIaiDi5,Made d" t. - . Insurance Agency Signatu re Wage 44 of 53 4734 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor/Vendor: Project or Service: Contractor/Vendor Address & Phone #: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: Date: Approved Not Approved Risk Management Signature: Date: Date: County Administrator appeal: Approved: Not Approved:. Date: Board of County Commissioners appeal: Approved: -Not Approved: Meeting Date: Page 45 of 53 4735 CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIYYYY) 09/24/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(lies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME,: Ayden Phillips Island Insurance Agency,Inc. PHONE 3fl5 294-6668 A G No Ext. 305 294 6566 �?J No): 3229 Fla ler.Ave#112 _ast,n...� 9 AOIDIiEsg. �slar7dtnsurancecorncast.nel INSURER(S)AFFORDING COVERAGE NABC p Key West FL 33040 INSURER A: Security National Ins Co 19879 _ INSURED INSURER B Check Electric,LLC INSURER C 3255 Flagler Ave INSURER D Unit#303 INSURER E Key Vilest FL 33040 INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTI'FY'THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING;ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,. LTR TYPE OF INSURANCE INSR I WVD POLICY NUMBER MMIDOIYYYY MM(DOiYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE. $ 1.,,000,000 COMMERCIAL.GENERAL LIABILITY PREMISES IEa occurrence) $ 100,000 C:LAIM'.,5.-MADE X OCCUR MED EXP IAn one person) $ 5,000... A X SBS165539906 05/2012024 05/20/2025 PERSONAL&ADVINJURY $ 1,000,000 . GENERAL AGGREGATE $ 2,000,000 ...� GENT AGGREGATE LIMIT APPI[ES PER PRODUCTS COMP/OP AGG $ 2,000�000 POLICYI Ea �I VwCJIJ $ AUTOMOBILE LIABILITY Ea aCCudent. $ ANY AUTO BODILY INJURY(Per person) '$....IT ALL OWNED SCHEDULED —.._....— _� AUTOS I AUTOS ,. BODILY INJURY RY(Peraacidenl) $ HIRrTDA41TL7S r AUTOS '- $ NON-OWNED 1 s UMBRELLA LIAROCCUR 24 244 EACH OCCURRENCE $ EXCESS LABCLAIMS-MADE DIED RETENTION$ °. AAGGREGATE $_ .•WORKERS COMPENSATION ,N _..----- WC STATU OIH- $ AND EMPLOYER S'LIABIL,IrY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER1Ek;£CUTIVE E.{..EACH ACCIDENT $ -� OFFICIPRIMEMBER EXC',LUDED'r N 1 A (Mandatory On Ifes,dedescribeundnd er a E.L..DISEASE.EA.EMPLOYEE S I y -.-,DESCRIPTION OF OPERATIONS below E..L,.DISEASE-POLICY LIMIT S.. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach.ACORD 101,Additional Remarks Schedule,R more space is required) Monroe County BOCC is listed as additional Insured to the General Liabllity policy '*'*'Certificate Holder is Additional Insured".<. 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 REPRE. µ Key West FL. 33040 ACORD 25)2010105) 479124f2024�1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marNcs°,of ACORD 4736 CHECELE-02 TMARKEE ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(M/202YYY) 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 David Wissel NAME: Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd (A/C,No,Ext): (239)261-3646 (A/C,No): Leesburg,FL 34748 E-MAIL DWissel@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Casualty and Surety Company of America 31194 INSURED INSURER B:FCCI Insurance Company 10178 Check Electric,LLC INSURER 7 3255 Flagler Ave#303 INSURER D: Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR T DAMAGE TO RENTED Alp PREMISES Ea occurrence $ .. p � MED EXP An one person) $ "^ PERSONAL&ADV INJURY $ 9.27.24 GEN'L AGGREGATE LIMIT APPLIES PER: DATE "_ �' GENERAL AGGREGATE $ POLICY PELT LOC ' PRODUCTS-COMP/OPAGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA6T1125682442G 8/28/2024 8/28/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER WC0100091316 4/1/2024 4/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (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 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as additional insured with regards to Auto Liability including Waiver of Subrogation per form CAF079 0321. Waiver of Subrogation in favor of the Certificate Holder with regards to Workers Compensation perform WC000313 0484. CERTIFICATE HOLDER CANCELLATION ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights res----' The ACORD name and logo are registered marks of ACORD 4737 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE A ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights res----' The ACORD name and logo are registered marks of ACORD 4738 ATTACHMENT A CORONAVIRUS STATE ANC► LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 47 of 53 4739 1 Wptram Ito I 1 10 AcI I S 01 1'\M\11 N I OI"I III IR1 \SI R1 0 W(A1\MISSI %I F `a` DIW11 1 NC M RHI A FR) 1INDS Ree(plent11ameandaddleia i)1 \SNtmbvr (P38 r777 1.Cc+U.t''mm% E3rtard ufG arrrunrsstotters Takpo4er Identificatton\umber 51)000074c1 1 InO Simonton Str,Co Room 2-2 fl3 \,simmwc I.r,tine"*uml7er and Ink 21 027 ISee WM MOM MW t,t,QW o the SM ut1 SCamo to{tMm \,ct I m added he seeriton 9901 of 11tc \merrti•an Resaaxe PI,nt Ad. I'Llb, I. No 102 7-2 AI.arch I L TQ I I at lorws A I paninmt ldre 'Frcasun f 1 reason)to mak,:pas aunt,tt7 c:r.'rt«tin rccrpientm Iron,the ('01 EW(ra,State l 11COI and and tlue('tiruttM trus 1,01�d1 I Isc�ttl R,LM LI' Fntld Rempwms li Nby agree,_a,a actndrnwi to mcm, ng sua pas mem Wn 1 reasu,agmes to the toms attached hemto R"Iplk�n'tt /'"'�+ Tin ""'I 1 �VCi� D�e2022�0802o 1�102an 0400' \uthatiree6 Rvprescntrttt�� gaatttic°tatt�owc^9 \1111wlt/cd Rcp(csen 11vc\aune I ma 13c7an udiorrzed Representatnc-title: 5etaor Dir,:ctot budget l..1 maunce low m4wd I `5 17epartment u(thc° I reasatr� \uthanaed Repre,cntmive Sn„nmiac(al)me 1 \athamnd \ame AS Lclhenlut! \utltorvedfdel,"wreu'ntGm; Me Chid'Rut meery ()fhccr t}fiwc°A RLCco%er, Programs Date S OMI Slav 1-1, :?r)2I I' t'F:f At OR4,t`I?W (T(- 01HT }I x , Mk tvd 'iI t,c,I e t ,m 1v e.I ti (;,,,�ainn vi�t lu la ,vr,;.rurui A I o I,r,ag^+µx¢I t�4ie tlsI rn x4c;+1 k,ui..a n u4�„�.o.n tirl Eki'Lftc,,u i c,•c1�s nr:rf "It oll"t i,it dir ac rc' "Ne m,d°e,, r,�k ke C�HYi�4 cent.�(Clri s� ,,.,.11 iu iJ^r'u, vli�7 arve.! utii.in+o ec V.aci i Ir I>t¢rt9Miu ,uld i ,,C �;d vi t iFe(Atl'fi cvtl'd„a, (��npxo� i r 1,6ttiPormi 1 u,o.' c d Rt '^i7S7nr Il1T .tiv119k.tit i,fr c�i n�uvr trc� ��s-�n�:d r rv}^lr5 Page 48 of 53 4740 U.S.DEPARTMENT OF THE TREASURY (_70RONAVIRUS STATE FISCAL RECOVERY FUND) AWARD TERMS AND CONDITIONS 1 LTsc Qf 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. 1), Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 22ujod of Performance The period of performance for this award begins on the date hereof and ends on December 31„2026 As set forth in Trcasur3,'s implementing regulations,Recipient may use award funds to cover eligible costs incurred dicing the period that begins on March 3,2021 and ends on December 31,2024.' 3,Zel2orting Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award 4 Maintenance of and Anvp<c to Re Qrds a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic 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 returned to Treasury.whichever is later, 5_2r_-&-&ard Costs, Pre-award costs,as defined in 2 CT.R §200.458,may not be paid with funding from this award C�s - Recipient may use funds provided under this award to cover both direct and indirect costs Cost sharing or matching funds are not required to be provided by Recipient. 8 Conflict5QfTntercst Recipient understands and agrees it must in aintAin 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,(70111,121tanc.with ADnl icA le I- w a a. Recipient agrees to comply with the requirements of sections(X)2 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 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 Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award ii. Universal Identifier and Systemfor Award Management(SAM),2 CT R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.F 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 terns set forth in Appendix A to 2 C.F.R.Part 170 is hereby mcorporated by reference, tv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 CT 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 CT R_Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19 Page 49 of 53 4741 v. Recipient Integrity and Performance Matters,pursuant to which the award terns set forth in 2 C.F',R,Part 200, Apperidix.XII to Pad 200 is hereby incorporated by reference. vi. Govermnentwide Requirements for Drug-Free Workplace,31 C F R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21, viii. Tinifortn 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. c- Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation the fallowing: i Title Vl of the Civil Rights Act of 1964(42 T.J,S.0 §§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 Mousing Act,Title V1I1 of the Civil Rights Act of 1968(42 U.S C.§§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.(7 §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 11 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. 10.Remedial Actions In the event of'Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R.§200 339,In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided,in sections 602(e)and 603(e)of the Act. 11 Match Act Recipient agrees to comply,as applicable,with requirements of the Match 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. 12.False'Statements 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. 13 Publications Any publications produced with funds from this award,must display the following,language:`"'flus project[is being][was]supported,in whole or in part by federal award number[enter project FA:lN]awarded to Monroe County Board of Commissioners by the U.S.Department of the'I'reasury." 14 Debts Owed the Federal Goyy'ernrnent a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined 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 misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Page 50 of 53 4742 15 Disclaimer 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 lases resulting in any way from the performance of this award or any contract, or subcontract under this award- b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States. and Recipient 16 Protections for Whistleblowers a. In accordance with 41 U&C §4712,Recipient may not discharge,demote„or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross in ismanagement of a federal contract or grant„a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following. i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General, iii. The Government Accountability Office, iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency, vi. A court or grand jury,or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. 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 r r aymg Seat Bi-.lt JJse in the United Saes Pursuant to Executive.Order 13043,62;R 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18 Pursuant to Executive Order 13513,74 FR 51225(Oct 6,2009),Recipient should. encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Page 51 of 53 4743 O M Approved No 1505-0271 Expiration Date 11,130,2021 ASSURANCE OF COMPLIANCI�WITH CTV11,RIGHTS REQUIREMENTS ASSURANCE OF(" MPLIANCF WITH TTTLENI OF THE ClN7L RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe Comr, Baard of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal Irnanc al assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the u_se,.,r rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements i h the swt intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee,��r insUrdnc C'regulated program,;,licenses,procurement contracts by the Federal government at market value,or Programs that provide direct benefits This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all )'�the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the rnariner proscribed abc,r C 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States oil the ground of race,color,or national origin(42 U.S.C.§2000d et seq.),as unplemented by the Department of the Treasury Title V1 regulations at 31 CFR Part 22 and other pertinent executive Orders such as Executive Order 13166�directives,circulars policies; ts memoranda andlor guidance documen 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 form of national origin discrimination prohibited under Title VT Of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations Accordingly,Recipient shall initiate reasonable steps,Or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands-and agrees that meaningful access may entail providing language assistance 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,the Department of the Treasury his published its LEP guidance at 70 FR 606T For more information on LEP,please visit 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, transferees,and assignees to comply with assurances successors, 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,su or.S I contract Or agreement subject Co Title- 1-4 above,and agrees to incorporate the following language in every VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees� The sub-grantee, contractor subcontractor,succ,essor,tran#eree,and assignee shall comply with Title T1 of the Cl Rights.4 ct o('1964,which prohibits recipients offederal ol-aarvir; - firiancial assistance fromexcluding from a program ,� denying benqfits of,or otherwise disclinunating against a person on the bans q1'race,color, or national Origin(42 US.(.y 2000d ot seq.),as implemented by the Department of the Treasury's Title 17 regulations,31 CFR Part 22, which are herein incorporated bil-- �Ierence andm' agreement). Title T'7 also includes protection to persons with ,Ll Ode 0ency"aPQO-t Ofth'S contract(oj� mitedEnglish PrOfi in any,program W activity receiving federal financial a.Y-Yi-ytance,42'US(7 h 2000d et Seq.,as implemented by the Department o the Treasuyys Title f,7 regulations,31 CFR Part 22, and hereiia �f contract 0)-agreement rely,incorporated reference and made a part of this 6 Recipient under-stands and agrees that if,any real property of structure is Provided or improved with the aid of federal financial assistance by,the Department of the Treasury,this assurance obligates the Recipient,Or in the case of a subsequent transfer,the transferee,for the period during which the`real Property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the Provision Of similar services or benefits if any Page 52 of 53 4744 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7, Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements, 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by"Title'vT of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.- 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title W and efforts to address the non-compliance,including any voluntary compliance or other agreements between the.Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10 If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Tithe VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The 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 of this document or applicable federal law. Under penalty of perjury„the undersigned official(s)certifies that he/she has read and understood its obligations as herein desen that any ormation submitted in conjunction with this assurance document is accurate and complete,and that th ci nt,is i fiance with the aforementioned nondiscrimination requirements. Recipient Date Tins- Boar q¢zfty^,3 7ry� dE ar GGii ©VGI f�ji 1p� ear 3]�:�.fi f,c rtn' Signature of Authorized Official PAPERWORK RMUC ION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated Burden associated with this collection of information is 15 minutes per response.Comments concerning the accuracy of this burden estimate mid suggestions for reducing this burden should be directed to the Office of Pnvacy,Transparency and Records,Department of the Treasury.1500 Pennsylwa tua Ave.,N.W.,Washington,D.C.20220,DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond io,a collection of information unless it displays a valid control number assigned by OMl3. Page 53 of 53 4745 ATTACHMENT B CHECK ELECTRIC, LLC PROPOSAL # 24-101 ROCKLAND CLERK'S OFFICE STORAGE BUILDING LIGHTING INSTALLATION 111 OVERSEAS HIGHWAY - UNIT 101 & 203 4746 3255 Hagler Ave.#303 Proposal #24-101 Key West, FL 33040 Office:305-292-3369 License#EC13004515 Date: September 23, 2024 SUBMITTED TO WORK TO BE PERFORMED AT, Monroe County BOCC Rockland Clerks Office Storage Building Collins-chrissy@monroecounty-fl.gov 111 Overseas Hwy-Unit 101 &203 We propose to furnish the necessary materials,labor,and equipment to complete the electrical portion of the subject job based on information provided by Chrissy Collins and site walk-thru with Lance. SCOPE OF WUIK: • Demo existing(8) track lights, (5) ceiling fans, (8) 4' fluorescent fixtures and (4) 2x4 fixtures throughout existing space. • Furnish/install (6) boxes/conduit/devices in marked locations around office/warehouse. • Furnish/install (3) gang switchbox in office to control storage room lighting. • Furnish/install (2) 3W switches in warehouse. • Furnish/install (16) 2x4 LED lay in fixtures in existing ceiling. • Furnish/install (28) 4' LED surface mount fixtures to bottom of concrete beam (per job walk). • Demo existing conduit/wiring in warehouse for new boxes/conduit. EXCLUSIONS • Permit&Administrative fees. • Private inspector fees(if required). • Unforeseen electrical issues. • Patching/painting repairs. • Moving of furniture/appliances. • Disposal of fluorescent bulbs. • Dumpster fees. • Damage to existing utilities. • Any additional work not listed in scope above. ' if (,..i"1' i uu' iu'''uu(.)' (.)'(.)'IIIII AA,, Acceptance of proposal:The above prices and specifications are satisfactory and are hereby accepted. Print Name: Acceptance Signature: Date: ol"lh s us Ilwa 'i::Id on fok&c�i",Ong un,suranr e Ifunuft,s Gcininu,:r�::au Genera II uaLuRl, $1 oHQ,oGW II achi� 1'\rnuuaV,,"oolgrii "Va "ou,uN:rroan,bHe II ru'Lak yl� h V,:G+:,G:;',G,:G Q II k "o tl;,k,l a l; \Aloe �:D s u;:;ciniper,saio,un and ua'La&Hy� $ tl,:G::G:;'G,:HQ II :chi C� aderl for I[:WrcrtlHy Ilriq ur Ilal "c� aderl and$'V,:G:G:G,:G::,G:;'G II achii Il:inpki ,, for Iln u.,ury Il'l)y Il:)k :",usc. ory aftV::uadci,n or de 6a V,un lli-cinu uL,7 ,c tea a8u+; ulu u ^ iia of uu'u;:V :D tra co is�aOH Ilan " :,;wuN ,°tl 000nly upon�,v teri i.iaderanid�,A Ila& onie an :" tra luk ory�'Vor urv�:D(Vuested lug Ilae con et:Dd iuiNV sage rici iicy uk�,vcir IlICHH S VOH Ilae an add,toand co,st 4747 This prdp sa tray be wvnthdta n'ant supplier qiro es void If nort accepted within thir@;y,(30)days from dvie bf subnr iaaion. 3255 Hagler Ave.#303 Proposal #24-101 Key West, FL 33040 Office:305-292-3369 License#EC13004515 Date: September 23, 2024 SUBMITTED TO WORK TO BE PERFORMED AT, Monroe County BOCC Rockland Clerks Office Storage Building Collins-chrissy@monroecounty-fl.gov 111 Overseas Hwy-Unit 101 &203 We propose to furnish the necessary materials,labor,and equipment to complete the electrical portion of the subject job based on information provided by Chrissy Collins and site walk-thru with Lance. SCOPE OF WUIK: • Demo existing(8) track lights, (5) ceiling fans, (8) 4' fluorescent fixtures and (4) 2x4 fixtures throughout existing space. • Furnish/install (6) boxes/conduit/devices in marked locations around office/warehouse. • Furnish/install (3) gang switchbox in office to control storage room lighting. • Furnish/install (2) 3W switches in warehouse. • Furnish/install (16) 2x4 LED lay in fixtures in existing ceiling. • Furnish/install (28) 4' LED surface mount fixtures to bottom of concrete beam (per job walk). • Demo existing conduit/wiring in warehouse for new boxes/conduit. EXCLUSIONS • Permit&Administrative fees. • Private inspector fees(if required). • Unforeseen electrical issues. • Patching/painting repairs. • Moving of furniture/appliances. • Disposal of fluorescent bulbs. • Dumpster fees. • Damage to existing utilities. • Any additional work not listed in scope above. ' if (,..i"1' i uu' fu'''uu(.)' (.)'(.)'IIIII AA,, Acceptance of proposal:The above prices and specifications are satisfactory and are hereby accepted. Print Name: Acceptance Signature: Date: ol"lh s us Ilwa 'i::Id on fok&c�i",Ong un,suranr e Ifunuft,s Gcininu,:r�::au Genera II uaLuRl, $1 oHQ,oGW II achi� 1'\rnuuaV,,"oolgrii "Va "ou,uN:rroan,bHe II uaLak yl� h V,:G+:,G:;',G,:G Q II k "o tl;,k,l a l; \Al r �:D s u;:;ciniper,saio,un and ua'La&Hy� $ tl,:G::G:;'G,:HQ II :chi C� aderl for I[:WrcrtlHy Ilriq ur Ilal "c� aderl and$'V,:G:G:G,:G::,G:;'G II achii Il:inpki ,, for Iln u.,ury Il'l)y Il:)k :",usc. ory aftV::uadci,n or de 6a V,un lli-cinu a of uu'u;:V :D tra co is�aOH Ilan " :,;wuN ,°tl 000nly upon�,v teri i.iaderanid�,A Ila& onie an :" tra luk ory�'Vor urv�:D(Vuested lug Ilae con et:Dd iuiNV sage rici iicy uk�,vcir IlICHH S VOH Ilae an add,toaa uV co,st 4748 "rhis proposa may be vvithdira n'ands supplier quo es void if riot accepted within fif"feei (1 ) 4ys'frorn dale of submission ATTACHMENT C NEARSHORE ELECTRIC, INC. PROPOSAL: JOB # 240808 PROJECT: LIGHTING UPGRADES/ MISC ELECTRIC ROCKLAND CLERK'S OFFICE STORAGE BUILDING LIGHTING INSTALLATION III OVERSEAS HWY (MAMA'S GARDEN) KEY WEST, FL 33040 4749 iwarsnare Hecirlic, in,c, State Certified Electrical Contractor ctor Owner:Monroe County Public Works Phone: (305)304-9711—E-mail: Collins-Chrissy@monroecounty-fl.gov Scope Of Work Project.Interior Lighting Upgrades/Misc Electric Job#240808 Project Address: III Overseas Hwy(Mama's Garden) Confidential Key West,FL 33040 August 29,2024 To all concerned, We are pleased to offer you our proposal for the electrical work required at III Overseas Hwy in Key West Florida. All work performed by Nearshore Electric,Inc.shall conform to current codes,regulations,and project specifications. All work performed by Nearshore Electric,Inc.shall be warranted for a period of one year.The following breakdown describes the items and services that Nearshore Electric,Inc.shall provide as well as any exclusion from our scope of work. INCLUDED IN BASE BID: ➢ Demo and discard(8)track lights/heads,(5)ceiling fans,(4)4' strip light fixtures/bulbs,(2)2 x 4 surface mounted light fixtures,and(3)light switches Office ➢ Provide and install(4)20a duplex quad receptacles/covers ➢ Provide and install(2)20a 3W switches/covers Front&Rear Reception/Storage Provide and install(16)2 x 4 LED drop-in fixtures Provide and install(18)4'LED suspended fixtures ➢ Provide and install(4)4'LED surface mounted fixtures Bathrooms ➢ Provide and install(2)4'LED surface mounted fixtures and(2)1P toggle switches/covers Rear Office Provide and install(4)4'LED surface mounted fixtures and(1)1P toggle switch/cover ♦ Workers Comp/General Liability Insurance ♦ Taxes/Warranty EXCLUDED FROM BID: ♦ Permit App/Fees,Private Provider(PP)Plan Reviews/Inspections,and Utility Fees ♦ Existing House Panel/Breakers,Raceways,Branch/Grounding Conductors,and Telco Equipment/Grounding ♦ Any Scope of work not clearly shown on drawings or within the bid documents and/or specifications is not included in this proposal We propose to furnish material and labor,complete in accordance with the above specifications,for the lump sum of: Twenty-Four Thousand One Hundred Eighty Dollars and 00/100................................$24,180.00 Authorized Signature Date 8/29/2024 Kevin Adams—Estimator Acceptance of proposal: I understand that I am bound to this agreement to pay the balance upon completion of work.I further understand and agree that any cost incurred by Nearshore Electric,Inc.caused by collection action on my account,including attorney's fees,court cost and interest due to delinquency,or returned check fee($50.00)will be my responsibility and will be paid as part of my balance.If this is a corporation,the undersigned agrees to be personally responsible for any purchases made by the corporation pursuant to this agreement.The above price,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do work as specified.Payment will be made as outlined above.Any purchases made with credit card will incur a 2%surcharge.Purchaser agrees all materials to remain seller's possessions until paid in full. Owner's Signature Date 5680 lst Avenue#3—Stock Island—Fl.—33040—Phone(303)294-3991—Fax(303)294-3043—Nearshore@bellsouth.iiet 4750 ATTACHMENT D 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT CHECK ELECTRIC, LLC 4751 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 30140-104182 Business Name: CHECK ELECTRIC LLC 303 Owner Name: KAREL BUBLAK Business Location: 3255 FLAGLER AVE KEY WEST, FL 3304040 Mailing Address: 3255 FLAGLER AVE Business Phone: 305-890-3332 KEY WEST, FL 33040 Business Type: CONTRACTOR (ELECTRICAL) Employees 15 STATE LICENSE: EC13004515 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 35.00 0.00 35.00 0.00 0.00 0.00 35.00 Paid WRB-23-00084524 08/05/2024 35 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: CHECK ELECTRIC LLC RECEIPT# 30140-104182 3255 FLAGLER AVE #303 Business Location: KEY WEST, FL 33040 Owner Name: KAREL BUBLAK Mailing Address: Business Phone: 305-890-3332 3255 FLAGLER AVE Business Type: CONTRACTOR (ELECTRICAL) KEY WEST, FL 33040 Employees 15 STATE LICENSE: EC13004515 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 35.00 0.00 35.00 0.00 0.00 0.00 35.00 Paid WRB-23-00084524 08/05/2024 35 . 00 4752 ATTACHMENT E 2024 FLORIDA LLC ANNUAL REPORT CHECK ELECTRIC, LLC 4753 2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT#L09000098392 Feb 15, 2024 Entity Name: CHECK ELECTRIC LLC Secretary of State 3250012378CC Current Principal Place of Business: 3255 FLAGLER AVE. #303 KEY WEST, FL 33040 Current Mailing Address: 3255 FLAGLER AVE. #303 KEY WEST, FL 33040 US FEI Number: 27-1138030 Certificate of Status Desired: No Name and Address of Current Registered Agent: BUBLAK, KAREL 2616 HARRIS AVE. KEY WEST, FL 33040 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 MGRM Name BUBLAK, KAREL Address 2616 HARRIS AVE. City-State-Zip: KEY WEST FL 33040 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 I 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:KAREL BUBLAK MGRM 02/15/2024 Electronic Signature of Signing Authorized Person(s)Detail Date 4754 ATTACHMENT F FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATIONS LICENSE CHECK ELECTRIC, LLC 4755 IH 0 II: F: C II o"II S II F 0 IF: F 1 0 Iltio II II o� i� II o" F ,z II 4 r 0 II: , U1 S II I b II S S 18, o 0 II: IL S S II 0 yA,, `.a U1 IL.oA,, F II 0 "",J i I,.,=��l�a r" tuiYl�Io iiY �ni�"BG31u4�� II�yllW::::l t�tIlyl1At�"1 �.I � r u,� .Kil,l x NLJII I('mm SEER III I('mmS ( I(mm IIIILS 10:31:02 AM 912512024 Apply foir a Il...li(;eiruu3e Licensee Information s,/,^rity a I ei r,,, Name: BUBLAK, L(Primary Name) CHECK ELECTRIC LLC (DBA Name} //uaa II araral /� Il..arala�iiirn�� Ilirn ,Ilrs;^a;flii��irn,us Main Address: 3255 FLAGLER AVENUE 303 ull;^a G;�rirnIl:rllaiiirnfl KEY EST Florida 33040 County: MONROE G,oirnfliiirnuuuirnr 1 I[E.duucafliio n Course Search License Information //ue" Allsllmllua;afliioirn wlflaflu.u,us License Type: Certified Electrical Contractor I uirnd Il::xairn Ilirnfoirimafliion Rank: Cert Electrical V➢irflhceirn.•,ed Aa;fluwry ;°ofl Seairch License Number: EC13004515 Status: Current, ctive All &..i..Il)s;^Iliiirnqu.us;^irnfl Ilirnvdoce&Aa;fliiwriifly Licensure Date: 07/16/2010 u fl Search n Expires: 0 /31/2026 Special Qualification Effective Qualifications Alternate Names Vew Rsallafled II ua;eirn,•e Ilirnfoirimafliio n //&dv I eii!!51, Cicrrqo4iit 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. 4756 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Symbiont Service Corp Contract 9 Effective Date: TBD Expiration Date: 30 days after NTP issued Contract Purpose/Description: Removal and replacement of the heater/cooler equipment at Jacobs Aquatic Center Pool Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Breanne Erickson x4427 Project Mgmt/ Stop #1 CONTRACT COSTS Total Dollar Value of Contract: $ 33,995 00 Current Year Portion: $ 0.00 (All FY25) (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ��pti:d oiln iliiull�r�. ko "Ilwr1110 its p�ti�ti JY�Y�JY�Y V10 Ilk ,',) Budgeted? Yesv No� Grant: $TDC County Match: $ "0 Fund/Cost Center/Spend Cate o : 121-71040-sC_00062 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 ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Cary Vick Digitally 202i.09.24 Cary Vick Date:20signe b 12:09:0 -04'00' Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2024.092413:49:40-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date:2024.09.3016:03:42-04'00' Purchasing Signature: Lisa Abreu Digitally 2024.1e.by Lisa Abreu Date:2024.10.17 16:46:67-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2024.10.18 09:02:01-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4757 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the October , 2024 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Symbiont Service Corp. 4372 North Access Road Englewood, FL 34224 For the following Project: Jacobs Aquatic Center Pool Heater Replacement Scope of the Work The Scope of Work shall include, but not be limited to all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Work shall include removal and proper disposal of the existing inoperable GeoThermal Pool Heat/Cool equipment and installation of replacement equipment. The replacement equipment shall consist of one (1) Symbiont Model PH215BRGSWPM GeoThermal Pool Heat/Cool Unit including titanium condenser and evaporator heat exchangers. The Contractor shall be an authorized sales representative and certified installer of the Symbiont Model PH215BRGSWPM GeoThermal Pool Heat/Cool Unit so as to provide product assurance, warranty coverage and compatibility with existing equipment. All work is to be performed in accordance with the manufacturer's recommended instructions. Scope of work shall include the following: 1. The Contractor shall obtain all necessary permits, including any fees, as a part of the Proposal. 2. The Contractor shall provide labor, equipment, and all of the needed materials and hardware to complete the project and properly dispose of debris. See General Conditions. Page 1 of 29 4758 3. The Contractor shall provide storage containers for material, as needed. 4. The Contractor shall provide necessary waste disposal and daily clean up. 5. The Contractor shall provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. 6. Installation shall commence upon delivery and proceed without interruption until complete. Contractor Responsibilities: A) The Contractor shall coordinate all activities with the Monroe County Project Management Department. Contact: Suzi Rubio at 305-393-6277 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing pool equipment to remain ii. Existing fencing and building iii. Vehicles and Personal Property iv. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load,haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Times specified by Monroe County Project Management 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. L) The Contractor shall provide a safety lift plan for any crane/hoist work. M) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and Page 2 of 29 4759 maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. N) The Contractor shall provide a schedule for all phases of the project. O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), , Specifications, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Thirty (30) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ...._._................. Page 3 of 29 4760 Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a)acts of God; (b)flood,fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e)actions,embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Thirty-Three Thousand, Nine Hundred, Ninety-Five and 00/100 Dollars ($33,995.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments [Not Used] ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. Page 4 of 29 4761 The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: A. Warranties, bond and guarantees. B. Operating and maintenance data, instructions to the Owner's personnel. C. Spare parts and maintenance materials. D. Proof of permit closure. E. Evidence of release of liens, if any. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, 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 to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records- management/general-records-schedules/), whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7)years following the termination of this Agreement. Page 5 of 29 4762 b) Right to Audit (Availability of Records). The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates', estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. c) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. d) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 6 of 29 4763 e) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. f) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. h) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. i) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 9 concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)The Age Discrimination Act of 1975,as amended(42 USC§§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Page 7 of 29 4764 Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 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 during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. Page 8 of 29 4765 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 1) Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. n) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee Page 9 of 29 4766 working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,commission, percentage,gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o) Employment or Retention of Former County Officers or Employees.The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. p) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida.The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. a. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. b. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. Page 10 of 29 4767 (4) Upon completion of the contract, transfer,at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release,alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. q) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. r) Privileges and Immunities.All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and Page 11 of 29 4768 extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. s) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. t) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. u) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to,or superiorto the community in general or for the purposes contemplated in this Agreement. v) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. w) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. x) Execution in Counterparts.This Agreement may he executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. If any signature is delivered by email delivery of a".pdf format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf' signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. y) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, and/or to the fullest extent permitted by law, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, Page 12 of 29 4769 contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor).The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. z) 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 thatthe 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. aa) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. bb) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. cc) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Page 13 of 29 4770 ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. ff) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. gg) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery and delivery pre-paid. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Symbiont Service Corp. 4372 North Access Road Engelwood, Florida 34224 For Owner: Director of Project Management Assistant County Administrator, PW & E- 1100 Simonton St., Room 2-216 1100 Simonton St. Suite 2-205 ,Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12'h Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall Page 14 of 29 4771 be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. B. Employers' Liability Insurance with limits of$500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/ or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or$300,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. Page 15 of 29 4772 9.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days' written notification to the Contractor. 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days' written notice of its intention to do so. 9.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.7 For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately 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, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created Page 16 of 29 4773 pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated as follows: N/A 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: I'!Ikt gfI-nioiiiys� )ei;ouiu° t ymgi%0ic lgEw g2Mm B ids.a p ?(';a1°iQ .18 10.1.3 Not Used. 10.1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 29 4774 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Christine Digitally signed by Christine Hurley H u rl e Date:2024.10.18 By; y 09:12:33-04'00' County Administrator or Designee CONTRACTOR'S WitnessesAttest: CONTRACTOR: SYMBIONT SERVICE CO Contractor must provide tw witnesses Signatures ,/ Si nature Signature: Print Name: MUM BallarA Print Name: Erick fit Title: Date: Date: 4 and MONROE COUNTY ATTORNEYS OFFICE Signature:& t � "'-- _ / APPROVED AS TO FORM Print Name: Kennefli E it( tt -ter __�STkM T COUNTY ATTORNEY Date: DATE: 9-24-2024 STATE OF Florida , COUNTY OF III"'tar"°lo On this 24 day of t PMb . 20, „„.....:, before me, the undersigned notary public, by means of physical presence or ❑ online, personally appeared [ avid Ballard (name of affiant) known to me to be the erson whose name is subscribed above.or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the Jacobs Aquatic Center Geothermal Heater Replacement for the purposes therein contained. Notary Publi Print Name [�'A "ttt"" In My commission expires: "t" n Notary Public State of FIarida Tammy Burcheii orn. e 0 1 0 13Qt179 Page 18 of 29 4775 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 29 4776 EXHIBIT A Required County Forms Exhibit A Page 20 of 29 4777 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace,any available drug counseling, rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation this section. As the person authorized to sign the statement, I certify that this firm com full ith the above r9quirements. r Prop ignature Date STATE OF:. ] COUNTY OF: v Subscribed and sworn to (or affirmed)before me, by means of physical presence or 0 online notarization,on I I ' (date)by (name of affiant). He/She iUErsonally known to me or has produced (type of identification) as identification. z NOTARY PU IC My commission expires:,-,-, 00 Pow Notary Public Ststs Of Holif4 Tommy Burc it my t omgssion HH 134070 L. 0 kpw,.0711112025 Exhibit A Page 21 of 29 4778 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 94' �: -..:"a,wR T (Company) It ".., warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". r ( urej Date: STATE OF: r COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of Q-`physical presence or ❑ online notarization, on � ll QCA (date) by_ C (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NC)TAI1F. Pl LIC 4,P1w r= NtrC�r�ry Pubdac Stag ro9 Mt�rid Tammy B ur&W p " ( )ray comm;m, ,HH 1 79 My commission expires: Expires 07111120725 Exhibit A Page 22 of 29 4779 NON-COLLUSION AFFIDAVIT I, ou l. y_ of eY t according to law on my oath, and under penalty of p r*ury, depose and say that: 1. I am, of the firm of the proposer making the Proposal for the project described in the notice for calling for proposals for: C r \ _G L and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavi a rue and correct,and made with full knowledge of said project. nZZ—_ �L (Sugnatur aposer) (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or❑ online notarization, on r (date) by _ (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PU 1 (SEAL) My commission expires: 1)1 5 z a� Notaay P�El blic SPa4u r P Florida Tam rcrWil MyCcsaiunn HH 134079" Expir�aB1112t➢25 or w Exhibit A Page 23 of 29 4780 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: _a&ZLQ!2i ��r-,LL T Vendor FEIN: 01 _Jo,9; - C)I ............... Vendor's Authorized Re resentative- I - —(Name and Title) Address:—LL�7 �- �-cc .. ................... ............. City: State: Zip: 417 Phone Number: 9*�74V EmailAddress: KJS�2, 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; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined i n Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: . ,clu<'� who is authorized to sign on behalf of the above refe renced company. -- 7-1-1 Authorized Signature: Print Name:� rV t!L ............................... Title: Exhibit A Page 24 of 29 4781 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither �uZca� QJ Y (Proposer's name) nor any Affiliate has been placed on t on icted vendor list within the last thirty-six (36) months. (Signat L-21y Date: 7l~23 STATE OF: rs r i COUNTY OF: '11 Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization, on®5 c e c (date) by ; r (name of affiant) He/She is personally known to me or has produced (type of identification)as identification. NOTARY P LIC (SEAL) My commission expires:. I t I ,,,pad P Notary+Public State of Florida ' Tammy Sur"O * My Comrrwsaion lH 1340—t'9 of Expwes 07111t2025 Exhibit A Page 25 of 29 4782 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):, 00� Respondent Vendor Name: " Vendor FEIN: 1i ,M / IT I ' ' !' Vendor's Authorized Representative Name and Title.: �� I� �� p Address:� �CGcS� DI I City: State: Zip: Phone Nu er 7 — Email SVGC� c ! .C Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to s. 215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated immediately, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135, Florida Statutes,and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Certified By: �._ who is authorized to sign on behalf of the above referenced comp Authorized Signature'. A, —Z Print Name: ►�'� _ Title: V-,=<A6Y' „ °: � Note:The List are available at the following Department of Managemen Services Site 4YW [kI wls/staIIQ, 7iSdN;iVg�in livendor �i ,,,If Exhibit A Page 26 of 29 4783 Minoritv Owned Business Declaration . _ V_ .�T�, c . (1:' 12,a sub-contractor engaged by Monroe County during the completion of work associated with the below indicates. project (Check one) is a minority business enterprise, as defined in Section 288.703,Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(sce below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit_ F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor ma refer to F.S.288.703 for re information. Contractor Sub-Recipient: Monroe County Signatu'Te� " Signature Print Name V.<4 t Printed Name: Title: bit .w � u. � ��; � � Title/OMB Department: Verified via 1 ��;bl� Z`�! irr :..kerw rPla C�e£f r�,cr� djre r tx,�i.ies Address: -379 F"? DEM Contract: City/State/Gip_ � �. Date: "" � " >' FEMA Project Number: Exhibit A Page 27 of 29 4784 EXHIBIT B CONTRACTOR PROPOSAL Exhibit B Page 28 of 29 4785 Symbww 5i,'!,rvh,-:. Corp. � i wwa�lYlY n 1lfRll` �( mi��i�lY v''r�YIYI��FNV"ww�periWiy��p��rf minl�erM wouumn ui,ie a iM � rwx wsoam 6atmie � ��; 4372.North Access Ilhtoadw Mingtowood,0m aurlda 342.24 941,474,9306 BGDGDAM.14328 F.x 94"W a4"a°'3. 306 eaTherrinuaElladit cam 1u1o(f ymarnhlNa»nt•x*rv1c�*.Carn �. � ""9JN�!� +�°l�jp��Nry�12G�ai '�➢J�IA�� "�s�� `�Pd��G� ��a��W�jq.,�1G�i�n��K(1��+ �ll� p /� �V�`n aWllNiuiwrhm lR;iui� mioisuuum )7�tlrF,",',�.,BJ'h lrGmu irmm J.III�1l7lU)II r^ Lkk:CACD35549 • EC=2946f1, ir?r ur'rm i"m,r o B0One Company,One Call,Complete romf-O" G,;,,j 1, ., CBCL258380• CPCI456477 Jacobs Aquatic Center � �� 1 Jacobs Aquatic vatic�Center�� ............ �Submltledre: � �1.�10 Job Narm: pate: September 3,2024 q q Monroe County Parks and Recreation 500 Saint Croix Street 320 Laguna Avenue PO Box 1994 Key Largo,Florlda 33037 (� Key Largo,Florida 33037 1a�ruuw'!wrrcranaldu� Cu;l�UW�1/1d111;6CwudrJJGaaluim'�:wi'GtJG�'4(ruu�Nlldd��IC!I�IwiR;�G(��lll��vefldd((�(l�idlr��3/MlldfdddlhmldLO/////l�ffl,;+J/I/GG1/G/0/G/,�'✓y �r,"1tF77/C/�96tG/9r/owrew/l;/ We hembv submit spedfladam and esUmatas for. o Replace PHH250 with new Symbiont Pool Heater: 1 Symbiont Model_PH215BRGSWPM GeoThermal Pool Heat/Cool Unit Includes titanium condenser and evaporator heat exchangers Source Water: From existing well,pump&piping,if adequate I By-pass plate heat exchanger and remove loop pump Pool water Isolation valve upgrades Electric: Wire from existing disconnect, if adequate Complete Installation = 33,995.00 •Local permits additional as required. r Manufacturer's Limited Warranty; One year Symbiont Service Corp.all parts and labor on the installation. Five year manufacturer's labor on the new Symbiont unit. Seven year manufacturer's all parts only on the new Symbiont unit. Lifetime parts on titanium tube portion of the condenser and evaporator heat exchangers in new unit. Not le For na:pats any y dam Ve,to private or publk unmarked undarpnwnd lk*s,or repairs of landscape, panted or ffnlshed surfaces AN work done to code All current discounts and p►omotlons have been applied Exhibit B Page 29 of 29 4786 SYMBIA OP ID: PL I�FICATE DATE(MN7J'ftDID/YYyY) CERT OF LIABILITY INSURANCE 0913012024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S 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 INSUiRANCiE, DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I'NSUR'ER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is aln 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 Bela of such endor"sernent s . PRODUCER 941-474-9511 CONTACT Frey Agency Inc. Key Agency Inc PHONE 941-474-9511 FAX 941-474-7283 12011 South McCall Road IArC,No,Extl IAIC Nay: Englewood,FL 34223 E-MAIL s . Key Agency Inc. ... _. I'NSURIER(S),AFiFPF INCs COVERAGE ......_. NAIC# MSURER A:Southern Olwners Insurance Co 10190 INSURED INSURER 8,4LItol o wnersinsurance .. 18988 Mtaiont Service Corp,Kibo LLC N Access Rd INSURER C: Englewood,FL 34224 IiNSURBR 1 :, INSURERE: ...... .. ... ... .. ... _.. li INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NQMBER. THIS IS TO CERTIFY THAT' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT FO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR I LTRTYPE OF INSURANCE _._ A66L'SUBR _POLrCx NUMEE�r� _._ .. POLICY EPP...... POLICY EXP LIMITS _ .... IIDDrYYYXI A X COMMERCIAL GENERAL LIABILITY EACH Occur«N(r 1„000,000 CLAIMS MADE X OCCUR I DAMAGE TO RENTED _ ...300,000 X 209�91465' 0710112024,07d0112025 PREM Sha(Fa OCCUrremt;) ......... _ _... MED E1XP(Any one Fecrsan} 10,000, _PERSONAL SONAL&ADV INJURY � 11000„000' ._.GEN'9_A.�C`Cf;R GAPE LIMIT APPLIES PER.. ..... 2,000,0100 +,,L-'hIIERAd AG�Cldt'GATF.I. £ POl ICY ITPP LGC PRODUCTS, C0MPf0P AGG .t 2,00 ,000, cr rlll'ER ' I � AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (r4 acr,rder•it)_ X ANY AUITCA x 9599146501 07101/2024,07/01/2025 E01)OLY INLI,rRY(PE,r persoiiy S OWNED SCHEDULED AU �D TOS ONLY ALTOS POOR Y INJURY IPer as ci-oin@), S ... ld9R'C"D C7NLU" NON OWNED PROPERTY DAMAGE ...... ,..... 'r0S CNu.,h"' IP,et�acoidpnl)_. .S AX UMBRELLA ILIAB x, -.. OCCUR EA 14 OCCURRENCE 2,000,000 EXCESS LIAR c,I.AUMS MADE 9599146502 07101..12024 07/01/2025 2,,000,000 AGG-RE GATTF y nrn RETENOIONt 110000 WORKERS COMPENSATION PER '.., 0TH i AND EMPLOYERS°LIABILITY YfN ANY FCC PRIETORIPARTNERrE XEC6UTIVE -..... E L..EACH,ACCIDENT iM Mandatory n E;NrHd Lxr„Rl l�rr�EEa'P _._ N F Cu rr y.� y . EL:...EDNFASC_-FA rMPLOYEF $ T IDL'SCHWTIGN OF OPERATIONS I','1eR3M! e'r I_ DISEASE-PGLIG;Y V.,IMT DESCRXPTION OF OPERATIONS f LOCATIONS F VEHICLES (ACORD 1071,Addlit�iona.w Remarks Schedule,may he attached of more space is required) Certificate Holder is listed as additional insured per blanket additional insured form ##55373 on I the General liability and fornin t#58504 for auto liability. A 1Frtt T WAI Aft CERTIFICATE HOLDER CANCELLATION COIIUIONO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroelonroe County BdDCC ACCORDANCE WITH THE POLICY PROVISIONS. ' 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) Oc 1988-2015 ACORD CORPORATIION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4787 THIS E04DORSEMENT CHANGE, -rHE POLICY, PLEASE READ 11' CAREFUU-Y, BLANKEET ADDivown INSUREED kv at dwser e"MCKS MUMMe Wyaod urdo :50 hyow,'�g COMMERCAL GENERAL JANLRY COVERAW: PyA A SECT OPl H-WHO IS AN, 8NSURED amended. Tie fogconng Oro,,,, a anded a " ,100 "0 Q 1 pef 'soon;, A pN,m cu aMyWMU) I an AmMonj powed W"vj on f2 spen to Fandly camej or r inwrwye AM ra coprNpe Fan by 4mg WON'to lot AcdKonj w6WC: nj � lar jcv QrMMMM rcqwoc in a wnwn CuMaM ur aqerme" un 2 1 2, 1 InWhea by Rn wM cusoa W agmvmm", umv Ober Addlont In wed Covemp Nsued a cevkaw OHMUMVC was annj qvw� U�, c kt,ss indicsr ng tv"no, r,c p t c, to anV Acd yowl hsumo 8, SECT*N fly-LHMITS OF INSURANCE' ��,-; or�,H arn'eniac,d 1�,c s a Ine wris uf habhN fw lhu AWKwal wsood nur,,, ectficd j "M Cora= 0 jMuqMv VT 05 0 1)7.,wv0d yvOlve ol and usawme town M on Deomw C SEC TMN W- COMM ER0AL G�E�NERA 1, UAS�J.P'y C0NM"f'f0NS -,, r r�r Act,� v roe fossN., Other 0surance Sc n ry f pan M a z 1 on; 4788 Agency Code 12-0246-00 Policy Number 95-991-465-01 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the foi COMMERCIAL AUTO POLICY SECTION ill - COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION 11 - COVERED AUTOS LIABILITY COVER- Any person or organization is an insured for Covered AGE, A. COVERAGE, 1. Who Is An Insured, Autos Liability Coverage, but only to the extent that All other policy terms and conditions apply. 58504 (111-15) includes copyrighted material of Insurance Services Office, linc., wiffi its pert-nission. Page 1 of 1 4789 DATE(MM/DD/YYYY) AC "R" �, CERTIFICATE OF LIABILITY INSURANCE 09/25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lockton Companies for CoAdvantage HONE EXt: (866)854-5423 a/c No 444 West 47th Street#900 E-MAIL Kansas City, MO 64112 ADDRESS: coi@coadvantage.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B: CoAdvantage Corporation Alt.Emp:Symbiont Service Corporation 101 Riverfront Blvd Suite 300 INSURER C: Bradenton,FL 34205 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:24FLO901085052 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO CLAIMS-MADE OCCUR PREMISES Ea oND currence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY D PRO- OTHER LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY :A7, I, 4' COMBINED SINGLE LIMIT $ �i Ea accident ANY AUTO11 zr ,�,,,,,,,, BODILY INJURY(Per person) $ OWNED SCHEDULED """ BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED 9'30 24 """"'""""'""-""`""°""' PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY � Per accident $ I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N/A WC 56-11-942-10 04/01/2024 04/01/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Location Coverage Period: 04/01/2024 04/01/2025 Client# 108611-FL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage is provided for Symbiont Service Corporation only those co-employees 4372 North Access Road of,but not subcontractors Englewood, FL 34224 to: CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE m 4790 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loao are reaistered marks of ACORD Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT,SUMMARY FORM FOR CONTRACTS $100,000,00 and Under Contract with- Supreme Organics,, LL Effective Date: see terms below' Expiration Date: September 30,2026 Contract Purpose/Description: Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024-September 2[l25 Contractor shall,ooerrmence performance withlmten(1 b)calendar days of date of issuance of a Notice to 0rooeed,Purchase order,;or Task Order. Once commenced,Contractor shall diligently continue performance until comply tiorT of Project, This contract term expires on.Sept 30,2025. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: John T,Null 81036 Facilities Maintenance CONTRACT COSTS Total Dollar Value of Contract: $ 21 6i� 00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the gostfl cunmk e wrnomfl Ld E'd00,000 i0 or Budgeted? Yes❑■ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Cate 20501 00061 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES NO ❑ see page 28 of RFS for Certificate of Insurance approved by Risk Management CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis Patricia Eables Digitally S'9"edby Patricia Eabl- County Attorney Signature: Date.2024.102417.11.30-04•00• Risk Management Signature: Abreu Purchasing Signature: Lisa Abreu Digitally 20241028y 05 27-0 Date zoza.l0 2810stz7-oa•00• John Quinn Digitally aigried by John Ouinn OMB Signature: Date 2024.10 28 11'10 33-04•00• Comments: Revised BOCC 4/19/2023 Page 84 of 105 4791 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 r�}yr BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein Craig Cates,District 5 Mayor Pro Tern James K. Scholl, District 3 Craig Cates, District I Michelle Lincoln, District 2 David Rice, District 4 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis September, 2024 PREPARED BY: Monroe County Facilities Maintenance Department Page I of 30 4792 Monroe County Facilities Maintenance General Scope of Work Job Name:Monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center Job Locations: Marathon Public Library Branch 3490 Overseas Highway, Marathon, FL 33050 and Emergency Operations Center 7280 Overseas Highway,Marathon,FL 33050 Contact: John T.Null or Jessica Morris John T. Null null-iolingmonroecounty-fl.gov 305-587-8036 Jessica Morris morris-iessica,,@&,monroccouty-fl.gov 305-289-6036 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County("County"or"Owner")shall enter into a contract with a qualified Contractor to provide monthly maintenance groundskeeping at the Marathon Public Library Branch,located at 3490 Overseas Highway, and Emergency Operations Center, located 7280 Overseas Highway, with both locations being in Marathon, Florida ("Project"). The terim of this contract shall commence 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, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project thereafter within One (1) year, with an expiration date of September 30,2025, for the contract term. Page 2 of 30 4793 The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department,the City of Marathon 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 Monday,September 23,2024,at 12:00 P.M.,via email to Morris-Jessica@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120)calendar days from submittal due elate. 2. Project Intent and Scope Scope of Work: The Contractor sliall provide the following Scope of Work and provide alI labor and materials to perform monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center: • Mowing grass in all areas • Weeding around rocks and trees • Re-defining flower beds and grass areas • Edge walkways • Trimming all hedges and shrubs • Cleaning all flower beds and removing dead leaves • Trimming and shaping buttonwood trees • Power blowing parking lots and walkways • Weed control on entirety of both properties • Pick up and removal of all debris for proper disposal off property 3. Ceneral Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: JT Null at 305-587-8036 or Jessica Morris at 305-304-5437 B) The Contractor is required to provide protection for all existing surfaces including, but riot limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping Page 3 of 30 4794 Q The Contractor xhuU ensure that o|| non-cxcnnpt employees 0xUbis effort are compensated in accordance with all State and Local Laws. D) The Contractor xhu|| iuud' buuL and properly dispose of all construction dchdx and nuatedu|m. E] The Contractor shall provide and maintain appropriate (OSHA required) touy{,uodoo warning signs and barriers. F) The Contractor shall furnish all rnguirod work site safety cguipnoouL G) The Contractor sbo|| furnish and maintain on-site material safety data sheets (k43DS) for all materials used in the cousinuction. 0D Construction-work times shall hc limited to: Specified 6v the County l) All materials must be approved hvsubmittal priorto commencement*fwork. Jl The Contractor shall provide u|unupaum pricehyMonday,Smptembur23,20%4,a11Z:00 P.M.,via email usnoted herein. K) The Contractor needs to be aware of weather and location and plan accordingly. KJ The Cnoinmtoc needs to he aware of the facility, its residents, and staff with uousou| oohndu|es and plan accordingly. M\ The Contractor shall provide uxchodu|n for all phases ofthe project. N> If applicable, Contractor ahuU provide paper or electronic copies of all original device specifications,warranties,maintenance schedules,shop drawings,permits,repairand maintenance contacts, and any other iofbonohou necessary for the proper function and cnuiutnooucu of the equipment. 0) The Contractor shall coordinate all activities with ooucuouu(site work being,performed, i[ any. P) IonumuooRoguiromeuta: Workers Compensation SLu1u(wryLinoiio Employers' Liability $|OO'O00 Bodily Injury by &xcidoni $500,000 Bodily l jury6vWsmse,po|icyUmdy $lO0,O0O Bodily i 'ory6v Disease,each cmy}oyco General Liability $200,00U per Pet-son $3OO.0U0 per Oocurruuco page 4of3O 4795 $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 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. Q) 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. R) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, inderrrnify 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 tinder 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 I imitation of liability Linder this contract shall be equal to the dollar value of(lie 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 tine insurance requirements included in Paragraph 3 P. 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. Page 5 of 30 4796 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. S) 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. T) 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. U) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; anti disclosure or use of certain information. Page 6 of 30 4797 V) 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 drL[cl 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 tinder 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 C111111-111-Ce workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS 1) Nondiscrimination/Equal Emplovrrient 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 COLirt 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: t)Title V11 of the Civil Rights Act of 1964 (PI, 88-352) which prohibits discrimination in employment on the basis of race, color, religion,sex,or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s.794),which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records: 8)Title VIll of the Civil Rights Act Page 7 of 30 4798 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 11,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 or, this 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, COL111ty shall pay Contractor the sum due the Contractor Linder this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract;however,the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid Linder this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 Linder 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 Cornp-mies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification Linder 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 Page 8 of 30 4799 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. 111) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general-records-schedules, 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 the applicable retention period following the termination of this Agreement. 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 unsuccessfi►1 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 Linder 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 or 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 an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to See. 55.03 of the 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. Page 9 of 30 4800 V) Payment of Fees/Invoices. County shall pay pursuant to the Florida Local Government Prompt Pay►nent Act, Fla. Stat., Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and Unpaid Linder the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to Submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and Such laws, rules, and regulations as may govern the Clerk's disbursal of ftinds. Invoices shall be submitted to Monroe County Facilities Nlaintellance Department, Attention: Jessica Morris,via email at Morris-Jessica(a),monroecountv-fl.eov. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County,as the Owner,to the Contractor when the Contract has been fully performed by the Contractor and the work- has been accepted by the County. VI)Ptiblic 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 tinder its control subject to the provisions of Chapter 119, Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the teens of this provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall Survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., See. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that Would be required by the County to perform the service. (2) Upon request from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Page 10 of 30 4801 contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that Would be required by the Canty to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically Must be provided to the County, upon request fi-oni 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 shalt 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, BP,ADLEY-BRIANna,MONROECOUNTY-FL.GOV,MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 TH Street, SUITE 408, KEY WEST, FL 33040. VII) E-Verify Systern. 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 Page 11 of 30 4802 subcontract with all unauthorized alien,The Contractor shall comply with and be Subject to the provisions of Fla. Stat., Sec. 448.095. V111) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared,or by Courier with proof or 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: 9AKerne O(CiClOiCS L,(,C, bl3hq ,9140 Me I'S11 SOVIPA Se vceS I "i 1W u N Urome nd FmO(k Wf-640n- El, 3332tr For Owner: Facilities Maintenance Department Attention: John T. Null 10600 Aviation Blvd. Marathon, FL 33050 And Monroe County Attorney's Office 1111 12 lh Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond Such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, z:' T' 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 ormaterials,components,or services,market conditions,or Supplier actions Page 12 of 30 4803 or contract disputes will not excuse performance by Contractor Linder this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance tinder this Agreement. The County will not pay additional cost as a result of an Incontrollable Circumstance.The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. X) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not Subject to arbitration. This provision does not negate or waive the provisions of Sections 1, Nondiscrimination, or Section 11, concerning termination or cancellation. Page 13 of 30 4804 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 PROPOSAL FROM: — GS-i�SLC. J161-P ct S dtceS � y MSI'nr% FL 3332,U The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal,and Addenda thereto and other Contract Documents for the construction of: Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 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 clays 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 Page 14 of 30 4805 completion of the Project. The undersign ed shall accornplish Final Completion of the Project thereafter within One (1) year with an expiration date of September 30, 2025, for the contract term. The Base Proposal shall be furnished below in words and nuinbers. If there is an inconsistency between the two,the Proposal in words shall control. TU12A4 �P 1a Gad sly IT'vocil-ccl Dollars. (Total Base Proposal- words) $ z I I u 00.-CPO Dollars. (Total Base Proposal —numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 15 of 30 4806 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 Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://fl-monroecounty.civicp1us.coin/Bids.aspx?CatlD=18: AND 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 executed by their duly authorized representatives, as follows: Contractor: ....... .�aes (1 �� Cal , Mailing Address: WIN �10rn rce pnr4w" 1h�£u�L1T.�l,r �332�,p Phone Number: �� 1 3��(Qu ' E.I.N.: �" - 27,Le !q Email: 0, i,41A Date: < < Signed: Name Tide Contractor's Witness signature: Witness name: Jeoig sh I M Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA Christine Digitally s ig..d by Christine Hurley H u rl e mate:2024.1 0.30 Y 12-42-32-04'00' Date. of BY: County Administrator mmm. or MONROE COUNTY ATfORNEY'S OFFICE NA� a M Page 16 of 30 � PATRICIA EA LES asetsTI/?� zi`�n°p" . DATr- 4807 NON-COLLUSION AFFIDAVIT 1, AQ(YTS PC( MTC I I of the city of So,,r wesi PQrcks according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Q I MQ10. of the firm of Q(QginieS W010 Suprome UndfCcaDlim Seirvicrc the proposer making the Proposal for the project described in the nloti for calling for proposals for: and that I executed the said propos&I with full authority to do so; 2. The prices in this proposal 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 proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposerand will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of r cting competition; and purpose 5. The state ents ntained in this affidavit are true and correct, and made with full knowled e that M nroe County relies upon the truth of the statements contained in this idavit in a ding contracts for said project. !TI - q1/,q I m - (Signature of ron6ser) (Date) STATE OF: COUNTY OF: V'J a(Ck Subscribed and sworn to (or affirmed) before me, by means of lif"physical presence or 0 online notarization, on (date)by r:LQ u e_c n e'(f (name of affiant). He/She is personally known to me or has produced (type of identification) as identification, NOTARY PUBLIC ta*a My commission expires: rella suu r,97UR (SEAL) -T:t U011KII., Expires:Jul.20,2028 Notary Public.Slate of Flofida Page 17 of 30 4808 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ( poicS LLC bJM19 prfme I-godgma)jA Sfa. ," V (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this pro i ion he County may, in its discretion, terminate this contract without liability and may also i its discretion, deduct from the contract or purchase price, or otherwise recove , the full mount of any fee, commission, percentage, gift, or consideration paid to the fo er Cou t icer or employee". (Signatu e) Date: � U STATE OF: COUNTY OF: �"- Vj a Subscribed and sworn to (or affirmed) before me, by means of 54hysical presence or 0 online notarization, on --------J--20 (date) by 2awel 1`10- w (name of affiant). He/She is ,p2js�nail known_tom or has produced as identification. (Type of identification) NOTARY PUBLIC AureM WnIca My commission. fO:—oemm uu OTUA Expires Jul.20,2028 (SEAL) Notary public-State of Florida Page 18 of 30 4809 DRUG-FREE WORKPLACE FORM The unders ed vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: tpceme otwoics ux. b1gliq s ry i re (Name of Business) I Publishes a statement notifying employees that the tinlawfiil manufacture, distribution, dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations Of Such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are tinder proposal a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notifies the employees that,as a condition of working on the commodities or contractual services that are tinder proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893(Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or requires 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify t tthisfin cornplies fully with the above requirements. (i r_V s is Signature q ),Zq Date STATE OF: C�_ COUNTY OF: c 6 WCL CCE Subscribed and sworn to or affirmed)before me,by means of ,physical presence or 0 online notarization,on 0 . a�, a Ll (date) by_,�7akit,4 ho_Aono.(-_,1Y_ (name of affiant). He/She is personally known to me or has prMiced (type of identification) as identifleatioal.,�, NOTARY PUBLIC (SEAL) My CornmissiQn.,,�_ �,�pires: 5�, AU 0#8 Stanle2r Comm.:HH 527348 Expires:Jul.20,202 N ofAT Public-State of Flo t,4ge 19 of 30 4810 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." I have read the above and state that neither ,Aaft,� WbonneJ I (Proposer's name) nor any Affiliate d n t has been laced he convicted vendor list within the last thirty-six (36) months. (Si nat re Date: STATE OF: a' CQ C;k— COUNTY OF: �-co VJ a rzk_ Subscribed and sworn to (or affirmed) before me, by means of Plphysical presence or El online notarization, on the — (9q da Of SUKttLLDer) 20 y m_, b a e-i Fe— L 0 0 e-81 (name of affiant). tie/She is personally r has produced (type of identification) as identification. My Commission Expires: ALKeM Stanioa Comm,;HH 527348 NOTARY PUBLIC Ag.2o,2028 State of Flodda (SEAL) Notary Public Page 20 of 30 4811 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project ` -- - -,X. ge(ViceC. Vendor's Authorized Representative Name and Title: JQrre,& H cbmc&I - C $4(3 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725. Florida Statutau, or is engaged in o Boycott of |enaei Section 287.136. Florida Stetuteo, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods orservices of$1.O0O.O00 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the |:sn Terrorism Sectors List which were created pursuant to Section 215.473, Florida Statuhee, or is engaged in business operations in Cube or Syria. As the person authorized to sign on behalf of Respondent, | hereby oertily that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List orengaged in o boycott of |enae| and Projects of$1.O0O.O0O or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria.. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, sd the option of the COUNTY, if the company ie found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged inoboycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Terrorism Sectors List or been engaged in business operations in Cuba orSyria. Vendor has reviewed Section 187.135, Florida Stotuhae, and in accordance with such provision of Florida |ew, is eligible tobid on, submit proposal for, or enter into or renew a contract with Monroe County for goods orservices. Authorized Certified BY: / J a -Af C L\on ne, who is authorized to sign Print Name: Nota:ThoUstamoveiladetMhefollowingDepartmondofMenagementServiooaSite ended discriminatory comolaints vendor lists Page%2o[3O 4812 AFFIDAVIT ATTESTING 1[OPVONCOERCK9E CONDUCT FOR LABOR OR SERVICES Entity/Vendor N vlcr[ VeodorFE0N Vendor's Authorized Representative: (Narne and Title) Ij As a nongovernmental entity oxocudu�, renewing, or extending u contract with u government entity, Vendor iaceguiredto provide ou affidavit tinder penalty nfperjury uttoodog that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 7Q7.O6(2)(o),coercion means: l. Using orthreatin8to use physical force against any person; 2. Restraining, isolating, or confining or threadnQ to restrain, isolate, or confine any person without lawful authority and against her nr his will; 3. Using lending or other credit methods to establish a debt byany 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, vvithho|ding, or possessing any actual or purported passport, visa, or other immigration document,or any other actual or purported government identification document,of any person; 5. Causing orthrenUngto cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance as outlined|n Schedule |ur Schedule|| of Section A93.O3to any person for the purpose uf exploitation of that person. As a person aLithorized to sign on behalf of Vendor,I certify Linder penalties of perj Liry that Vendor does not osu coercion for labor or onrvimua in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.00,Florida Sto1uion` and agrees to abide by aocua. .p/ko is authorized to sign on be f of the ve referenced company. Authorized Signature: Print Name: Title: ce 0 - Page 3% of30 4813 FOREIGN ENTITIES AFFIDAVIT F.S.287.138 I, ,01MGS kC bMM I I of the city of SW Rgrr1(*4$ according to law on my oath,and under penalty of perjury,depose and say that: a. I am a Cie of the firm of $yp( A ©fea11(CS f D�g SAW"1.a11dr.SOU, ("Entity"), the bidder making the Proposal r the project described in the Request for Proposals for SCq 1 ftkw(1C-e and that I executed the said proposal with full authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes.(Source: §287.138(2)(a),Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source:§287.138(2)(b),Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern,as defined in Section 692.201,Florida Statutes.(Source:§288.007(2),Florida Statutes); e. Entity is not a partnership,association,corporation,organization,or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity.(Source:§288.007(2), Florida Statutes); f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property.Entity is either(a)not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2),Florida Statutes, to purchase the subject property.Entity is in compliance ' the requirements of Section 692.204, Florida Statutes.(Source:§§692.203(6)(a),692.204 )(a), lorida Statutes) i. The statements contained in this affidavit are true nd corre t, and made with full knowledge that Monroe County relies upon the truth of the sta ements c utained in this affidavit in awarding contracts for said project. (Sign Date:.---/. Z Z. STATE OF: Jj COUNTY OF: a at Subscribed and sworn to(or affirmed)before me,by means of Mphysical presence or D online notarization,on J ay (date)by,�C G -e4 M0_ o41C( (name of affiant). ;LWShe is personally known to me or has produced (type of identification)as identification. v NOTARYPUBLIC AU''11rOM'' SWiCa My Commission Expires: `r(f �" CO 1.:hiN 52734& ,.. o, EXIIICBS:Jul.20,2028 ,. Notary Public•State of Flotitla Page 23 of 30 4814 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules.Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,either: •Certificate of Insurance or •A Certified copy of the actual insurance policy. The County,at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 24 of 30 4815 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. Me 25 of 30 4816 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$l 00,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Z�l Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street,Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE,Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,appetlate proceedings, or other proceedings relating to any type of injury(including death),loss,damage, fine,penalty or business interruption,and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement,(B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes Linder the terms of this Agreement,except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability Linder this Page 26 of 30 Z-1 4817 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.P. 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 frorn 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. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if aw rded the co tract and will comply in full with all of the requirements herein. I fully a cept the inde nification and hold harmless and duty to defend as set out in this propo al. J4tMe� M-r. �a,nf,I I PROPOSER Signatur Page 27 of 30 4818 A �® E09/24/2024 TE(MM/DOfYYYY) !-1 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME ACT Adrian Guerrero Southern Insurance Providers,LLC A°NN I� -451-0952 I -1408 ,No) 954 F (954)451 _.. 12555 Orange Dr EMAIL ADDRESS: ADDRESS. Adrian mp s rovider.com ----.__ — — Suite 251 INSURERS AFFORDING COVERAGE _NAIC_#_ Davie FL 33330 INSURER A: WESTERN WORLD INSURANCE COMPANY INSURED INSURER B: INFINITY INSURANCE COMPANY SUPREME ORGANICS,LLC INSURER C: EMPLOYERS ASSURANCE COMPANY dba Supreme Landscaping INSURER D: 711 West Ocean Dr INSURER E: Key Colony Beach FL 33051 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP _ LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/Y MMIDD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ S 2,000,000 DAMAGE TO RENTED CLAIMS-MADE [XI OCCUR _PREMISES Ea occurrence S 100,000 _ MED EXP(Any one person) S 5,000 _ A r X X NPP6007035 07/18/2024 07/18/2025 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 APPROVED BY RISK MANAGEMENT —'� X POLICY�JET LOC „s;/$ PRODUCTS-COMP/OP_AGG S 2,000.000 BY OTHER: DATE .;�n�2RI��25 S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident _ ANY AUTO WAIVER N/A YES BODILY INJURY(Per person) S OWNED SCHEDULED B _ AUTOS ONLY X. AUTos X X 509-820006-4319-001 10/07/2024 10/07/2025 BODILY INJURY(Per accident) S fI HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Peraccident P.I.P. S 10,000 UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-NIADE AGGREGATE S DED I RETENTIONS S WORKERS COMPENSATION X STATUTE I EORH- AND EMPLOYERS'LIABILITY ANY PROPRIFTORIPARTNFRIFXECUTIVE YIN F.L.,EACH ACCIDENT S 1,000,000 C OFFICER)MEMBER EXCLUDED? aY NIA EIG5167314-00 01/06/2024 01/06/2025 (Mandatory in NH) E-L.DISEASE-EA EMPLOYE S 1,000,000 if yes,describe under DESCRIPTION OF OPERATIONS below E-I..DISEASE-POLICY LIMIT I S 1,000,000 . DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORO 101,Addillonai Remarks Schedule,may be attached if more space Is required) Monroe County BOCC is listed as additional insured to the General Liability and Automobile Liability Policy CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE fJ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4819 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 Western World - NPP6007628 1000 Employers Preferred - EIG5167314 1000 Infinity Insurance - 509820064319001 500 Liability policies are x Occurrence - lal s Made Southern Insurance Providers a: Insurance Agency SignaltUrf? Page 28 ol'30 4820 MONROECOlNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS I/ is requested that the insurance requirements,as specified in the COL111ty'S Schedule of Insurance Requirements,bu waived or modified on the following contract. Contractor/Vendor: PnoJootorService: Cootruutm/\/cndur Address 6l Phune#: General Scope ofWork: Reason for Waiver or Modification: Policies Waiver ur Modification will apply to: Signature ofCon1uuLor/Vcndnc I)uo: Approved Not Approved Risk Management Signature: uu'c County Administrator appeal: Approved: _Not Approved:__�____ Date: Board o{County Commissioners appeal: Approved: Not Approved: _______ Meeting Date: Page 30n[J0 4821 Form W-9 Request for Taxpayer Give form to the (Rev.March2024) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Before you begin.For guidance related to the purpose of Form W-9,see purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) SU t, C. 2 Business name/disregarded entity1name,if different from above. ch 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered online 1.Check 4 Exemptions(codes apply only to a only one of the following seven boxes. certain entities,not individuals; CU n see instructions on page 3): C ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate 0 ti LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(if any) ai c _ Q •0 Note:Check the"LLC"box above and,in the entry space,enter the appropriate code IQ S,or P)for the tax classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o i box for the tax classification of its owner. Compliance Act(FATCA)reporting L ❑ Other(see instructions) code(if any) 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to accounts maintained and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check outside the United States.) Nthis box if you have any foreign partners,owners,or beneficiaries.See instructions . . . . . . . . ❑ __. . -- tn 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 1ulS 0 Goon ce 6 City,state,and ZIP code e 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a _ I]] _ resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other Im entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and _ Number To Give the Requester for guidelines on whose number to enter. i- Certification __- ........... ...................._._...... ............... . . .......__.. ...._.m__..... _ _ ...... .__.- Under penalties of perjury,I certify that. 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signatureo Here U.S.pers n Date "l General Instructions New line 3b has been added to this form.Aflow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments. For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Line 3a has been modified to clarify how a disregarded entity completes Partnership Instructions for Schedules K-2 and K-3(Form 1065). this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3.2024) 4822 I.111"u'Il;�nllx_rbJ x_ah" i' x�l I .'rl'�;.r�lllx7l',U:, 9� 4 ,0 ,.�✓,.�. °�� n {Sir �rl.�,iif fi,r�, /,v i1 r./ir � .i�,�rs 1 irGi or u'iih e��SG aha��, /....................................................................... 11:1i !so 1C� ........................ u�! i � �ra. rh c arch b ...I: ..Y...Y .......................................................... ....................................................................... ................................... ...... i ...�.......a..z....lro....�....e...a.,. / Detail by Entity Name Florida Limited Liability Company SUPREME ORGANICS LLC E''ng Information Document Number L19000206235 FEI/EIN Number 84-2761452 Date Filed 08/16/2019 State FL Status ACTIVE Principal Address 711 W OCEAN DRIVE KEY COLONY BEACH, FL 33051 Changed: 01/05/2023 Mailing Address 1675 NORTH COMMERCE PARKWAY WESTON, FL 33326 RegisteredAgent Name&Address McDonnell , James E, IV 1675 NORTH COMMERCE PARKWAY WESTON, FL 33326 Name Changed: 06/28/2020 Address Changed: 06/28/2020 Authorized Persons} Detail Name&Address Title MGR MCDONNELL, JAMES E, IV 1675 NORTH COMMERCE PARKWAY WESTON, FL 33326 AnnualReports Report Year Filed Date 2022 04/30/2022 4823 2023 01/05/2023 2024 04/30/2024 Document Images ANNUAL R'll..F�OIRT Vlaw limage,iri,PIDIF:ronina� ............................................................................................ 01/05/2023 ANNUAL R11-IFIOIRIF VIE'W limage in PIDIF:format ................................................................................................................................................ 04/30/2022 ANNL,JA[.. 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View limage in PIE)IF forinriia� ...... ............................................ 4824 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 29240-133575 Business Name: SUPREME LANDSCAPING SERVICES Owner Name: SUPREME ORGANICS LLC, 3AMES E Business Location: MO C Mailing Address: MCDONNELL IV KEY WEST, FL 33040 1675 N COMMERCE PKWY Business Phone: WESTON, FL 33326-3205 Business Type: MOBILE (MOWING GRASS,WEED EATING, EDGING, BLOWING&PRESSURE WASHING.) 4 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 1 0.00 25.00 2.50 1 0.00 1 0.00 27.50 Paid WRB-24-00000258 10/01 /2024 27 . 50 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: SUPREME LANDSCAPING SERVICES RECEIPT# 29240-133575 MO CTY Business Location: KEY WEST, FL 33040 Owner Name: SUPREME ORGANICS LLC, 3AMES E Mailing Address:MCDONNELL IV Business Phone: 1675 N COMMERCE PKWY Business Type: MOBILE (MOWING GRASS,WEED EATING, EDGING, WESTON, FL 33326-3205 BLOWING &PRESSURE WASHING.) 4 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 2.50 0.00 0.00 27.50 Paid WRB-24-00000258 10/01 /2024 27 . 50 4825 ADDITIONAL QUOTES FOR Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 4826 Morris-Jessica From: courtney macias <gods4me86@gmail.com> Sent: Tuesday, September 17, 2024 1:57 PM To: Morris-Jessica Subject: Re: RFS for 2025 Monthly Maintenance Groundskeeping at Marathon Library and EOC Attachments: image001 jpg CAUTION Thankyou for the reminder. But we at cayo green are going to decline this time. We have a busy route and can not commit to these properties at this time . Thankyou for reaching out.You may reach out next year if you'd like. Thanks On Tue, Sep 17, 2024, 7:15 AM Morris-Jessica <IMoirir�ii5 J p_sica@@ r�i¢�inra,�¢ c ir�1.y fil...g¢ v>wrote: Good morning, Please find attached RFS for 2025 Monthly Maintenance Groundskeeping at Marathon Library and EOC for you review and consideration.We will be happy to schedule a time via email to meet if you wish to walk the properties. You can also reach JT at 305-587-8036 if you wish to discuss on the phone or text. You can submit a bid as an estimate, or you may use the "Proposal Form" on page 14 & 15 of the RFS packet. Bids are due Monday, September 23rd, 2024 at 12:00 P.M. If your bid is chosen,you will be required to complete the packet. We look forward to hearing from you. Thank you, _T r J Executive Assistant Middle Keys Facilities Maintenance ebsite: I1Jltt,1,.../ y ,,,,,g m, ii i„I „ ,I C,;y,,,,,;; ;y , Email: orris-iessica monroecounty- . ov Phone: 305-504-4327 Please note: Florida has a very broad public records lave. Most written communications to or from the county regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 1 4827 �i Brig �, yip � ie MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 � r ryesµ ^y,aa.1 rvi x.Ai..Y+lya".T BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein Craig Cates, District 5 Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Michelle Lincoln, District 2 David Rice, District 4 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis September, 2024 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 30 4828 Monroe County Facilities Maintenance General Scope of Work Job Name: Monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center Job Locations: Marathon Public Library Branch 3490 Overseas Highway, Marathon, FL 33050 and Emergency Operations Center 7280 Overseas Highway, Marathon, FL 33050 Contact: John T. Null or Jessica Morris John T. Null �muIDID„,,"oID�u�m�"a�>muo�mroecou�mt ,,,,lbw uv 305-587-8036 Jessica Morris muom m ,,,,jessi am,,,(fi).m�i.r e out ,,,,, „«,g2. , 305-289-6036 ........... ............ ............. .................... ...... ............ ......................... ............ ......................... ............ ......................... .................... PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("County" or"Owner") shall enter into a contract with a qualified Contractor to provide monthly maintenance groundskeeping at the Marathon Public Library Branch, located at 3490 Overseas Highway, and Emergency Operations Center, located 7280 Overseas Highway, with both locations being in Marathon, Florida ("Project'). The term of this contract shall commence 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, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project thereafter within One (1) year, with an expiration date of September 30, 2025, for the contract term. Page 2 of 30 4829 The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department,the City of Marathon 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 Monday, September 23, 2024, at 12:00 P.M., via email to Morris-Jessica@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to perform monthly maintenance groundskeeping at the Marathon Public Library Branch and Emergency Operations Center: • Mowing grass in all areas • Weeding around rocks and trees • Re-defining flower beds and grass areas • Edge walkways • Trimming all hedges and shrubs • Cleaning all flower beds and removing dead leaves • Trimming and shaping buttonwood trees • Power blowing parking lots and walkways • Weed control on entirety of both properties • Pick up and removal of all debris for proper disposal off property 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: JT Null at 305-587-8036 or Jessica Morris at 305-304-5437 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 Page 3 of 30 4830 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 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor shall provide a lump sum price by Monday, September 23,2024,at 12:00 P.M., via email as noted herein. I) 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 schedule for all phases of the project. 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 coordinate all activities with concurrent site work being performed, if any. P) 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 Page 4 of 30 4831 $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 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. Q) 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. R) 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 P. 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. Page 5 of 30 4832 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. S) 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. T) 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. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. U) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 6 of 30 4833 V) 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/Eaual 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 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 Page 7 of 30 4834 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. Monthly Maintenance II) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,prior to termination,the County shall provide Contractor with five(5)calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however,the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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 Page 8 of 30 4835 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. 111) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to perfor % WAWSGrAgreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7)years from the termination of this agreement or in accordance with the State of Florida retention schedules (https;,l/dos i ,. ov/iihn�n nchives/neconds n �n en ent/ enen i...reconds-scheduies/), 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 the applicable retention period following the termination of this Agreement. 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 an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the 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. Page 9 of 30 4836 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 disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Jessica Morris,via email at I.Kiwi r.i, ;;;;,dI„ ,s,sib;;,1m(a).ill u,tiro, �;oti,ti y;;;;;�;ID„. - The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner,to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI)Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers,letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Page 10 of 30 4837 contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY-BRIAN(c,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. V11) 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 Page 11 of 30 4838 subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: For Owner: Facilities Maintenance Department Attention: John T. Null 10600 Aviation Blvd. Marathon, FL 33050 And Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services,market conditions, or supplier actions Page 12 of 30 4839 or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. X) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Sections I, Nondiscrimination, or Section II, concerning termination or cancellation. Page 13 of 30 4840 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 e Services, Inc. Bri htView Landscape PROPOSAL FROM: 9 p 4155 E Mowry Drive Homestead FI 33033 r The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Monthly Maintenance Groundskeeping at Marathon Public Library Branch 3490 Overseas Highway, Marathon and Emergency Operations Center 7280 Overseas Highway, Marathon October 2024 - September 2025 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 Proj ect 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 Page 14 of 30 4841 completion of the Project. The undersigned shall accomplish Final Completion of the Project thereafter within One (1) year with an expiration date of September 30, 2025, for the contract term. 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. Forty Five Thousand and Thirty Nine Dollars Dollars. (Total Base Proposal-words) $ 45,039 Dollars. (Total Base Proposal—numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 15 of 30 4842 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 Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://fl-monroecouniy.civicplus.comBids.aspx?CatlD=18; AND 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 executed by their duly authorized representatives, as follows: Contractor: BrightView Landscape Services, Inc. Mailing Address: 4155 E Mowry Drive Homestead FI 33033 Phone Number: 305 258 801 1 E.I.N.: 95-4194223 Email: charles.gonzalez@brightview.com Date: 9-23-2024 Signed: Charles Gonzalez VP, GM 'iv art-,e Title Contractor's Witness signature: Witness name: Darren McDonough Date: 9-23-2024 The County accepts the above proposal: MONROE COUNTY, FLORIDA Date: By: County Administrator or Designee MONROE COUNTY ATTORNEY'S OPHU AP r cqm ... Page 16 of 30 WIaA EABLES ASW N o' 7TORNEY �D�XTE. .—� �. 4843 NON-COLLUSION AFFIDAVIT Charles Gonzalez of the city of 4155 E Mowry Drive Homestead FI 33033 according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am VP, GM of the firm of BrightView Landscape Services, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Monthly Maintenance Groundskeeping and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 9-23-24 (Signature of Proposer) (Date) STATE OF. Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on 9-23-2024 (date) by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification) as identification. Yanjanie Ballesteros NOTARY PUBLIC My commission expires: (SEAL) *'S YANAW SAUY.WR' Page 17 of 30 W COW"1014 0 HH$42466 * i '" 4844 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE BrightView Landscape Services, Inc. (Company) ... warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". f (Signature) Date: 9-23-24 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on 9-23-2024 20 24 (date) by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me as identification. (Type of identification) Yanjanie Ballesteros NOTARY PUBLIC My commission expires: (SEAL) y EXPM:FabnwyZsr x Page 18 of 30 4845 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: BrightView Landscape Services, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or requires 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. _, Proposer's Signature Date 9-23-24 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed)before me, by means of 0 physical presence or ❑ online notarization, on 9-23-2024 (date)by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification) as identification. NOTARY PUBLIC (SEAL) My Commission Expires: 'S _YAN'J"SAUEMROS Page 19 of 30 r . W COMMMWbN N NH 3424% EXPM-Febu Z,2W7 4846 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." I have read the above and state that neither BrightView Landscape Services, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. E (Signature) Date: 9-23-2024 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on the 23rd day of September , 2024 by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced VP, GM (type of identification) as identification. My Commission Expires- Y 'J"SALLEMR08 m NOTARY PUBLIC (SEAL) Page 20 of 30 4847 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Monthly Maintenance Groundskeeping Respondent Vendor Name: BrightView Landscape Services, Inc. Vendor FEIN: 95-4194223 Vendor's Authorized Representative Name and Title: Charles Gonzalez , VP GM Address: 4155 E Mowry Drive City: Homestead State: FL Zip: 33033 Phone Number 305 258 8011 Email Address: charles.gonzalez@brightview.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria.. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 187.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. BrightView Landscape Services, Inc. Certified By: �a,4A ZJdM�e� who is authorized to sign on behalf of the above referenced companv. Authorized Signature: Print Name:Charles Gonzalez Title:VP, GM Note: The List are available at the following Department of Management Services Site: Li a:��www.dirns.irn tlloiriida.coirn�li��usliir�ess o aeiratlioir�s�state a�uir�;ll�asliir� �veirndoir liiritoirirnatlioiri/coirivlicted sous a ................ ded d li..s c,iriiirmt,iiif.]atoLy, ,�4g.M,tang,iil2.t§........,r ,lrt, , i.r llii ,ts. Page 21 of 30 4848 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: BrightView Landscape Services, Inc. Vendor FEIN: 95-4194223 Vendor's Authorized Representative: Charles Gonzalez , VP GM (Name and Title) Address: 4155 E Mowry Drive City: Homestead State: Florida Zip: 33033 Phone Number: 305 258 8011 Email Address: charles.gonzalez@brightview.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; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. Certified By: ` who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Page 22 of 30 4849 FOREIGN ENTITIES AFFIDAVIT F.S.287.138 I Charles Gonzalez of the city of Homestead according to law on my oath,and under penalty of perjury,depose and say that: a. I am V P, GM of the firm of BrightView Landscape Services,Inc. ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Monthly Maintenance Groundskeeping and that I executed the said proposal with full authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes. (Source: § 287.138(2)(a),Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b),Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201,Florida Statutes. (Source: § 288.007(2),Florida Statutes); C. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity.(Source: §288.007(2), Florida Statutes); f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either(a)not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§692.203(6)(a),692.204(6)(a),Florida Statutes) i. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: 9-23-2024 STATE OF: Florida COUNTYOF: Miami Dade Subscribed and sworn to(or affirmed)before me,by means of V physical presence or❑ online notarization,on 9-23-24 (date)by Charles Gonzalez (name of affiant). He/She is personally known to me or has produced Personally known to me (type of identification)as identification. Yanjanie Ballesteros YANJANISMUSMIM NOTARY PUBLIC s ,. EXPIRES,, 2,;2027 My Commission Expires: Page 23 of 30 4850 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 24 of 30 4851 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 25 of 30 4852 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death),loss, damage,fine,penalty or business interruption, and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 26 of 30 4853 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.P. 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. 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. PROPOSER Signature Page 27 of 30 4854 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 Liability policies are Occurrence Claims Made Insurance Agency Signature Page 28 of 30 4855 �'►�4 CERTIFICATE OF LIABILITY INSURANCE 6/29/2020��YYY 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 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 endorsements. PRODUCER COINTAcTbfin Elmore ASSURE LLC PHONE 941 739-5121 1941)739-5608 1931 Manatee Ave W mandyLd as surer loricia.com Bradenton, FL 34205 INSURERS AFFORDING COVERAGE NAICN MGUARD Insurance Co 42390 INSURED I'INSURER B Normandy Insurance Co T h'k &IIo'L'lldd b,L I"OLU C"I'il ul'{iL d, INSURER D. INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIFIEMENT.TERM OR CONDIVON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFF°;JRDED BY THE POL'CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCH POLICIES LIMITS SHOWN MAYRAVE BEEN REDUCED BYPAIDCLAIMS, LTA TYPE OF INSURANCE HwS21 ROUcy LI Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH 4 0qC .,:9RAFNCE S 1 000,000 CLAIM$,MAOE 0OCCUR f 50,000 BABPO50054 09/11/19 9/11/20 MEDEXP(Anyone arson f 5 000 A PERSONAL d ADV INJURY S INCLUDED GENT AGGREGA'r�LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY JEC 0 LOC PRODUCTS•COMPIOPAGG S 2,000,000 nTWFP f AUTOMOBILE LIABILITY COMBINED SINGLELIMIT f 1 I A ln"V s9{i 4'i„i bi lid iglu`"f:'kf"+J R ANYAUTO BAAU057988 09/11/19 9/11/"20 BODILY INJURY{Per person} f A O SCHEDULED A AUTOS AUTOS BODILY INJURY{Per arddenq S HIRED AUTOS NON-OWNED S AUTI;JS .11111JI11111111111111ill" M, 111111111111 M 11111111111111111111�H 10111L PIP SU'Uou )( UMBRELLA LIAB IX OCCUR 11, UMO 1 9 9/ / EACH OCC RENCE $ 1 r A EXCESS LIAR CLAIMS-MADE IIIIIIII IIIIIII�I AIJdJREGAT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $ ')IUUUIUUUI WORKERS COMPENSATION PER AND EMPLOYERS'UABIUTY III __ __ _ __ w raw ANY PROPRIETORIPARTNERIEXECOTIVE L4=_b V l'1 81 8L V[V V 4/V S/Z U 4/U S/21 E IF,_EACH ACCIDENT B OFFICEPJMEMBER EXCLUDED? Y NIA (Mandatory In NH) E 7M,.DISEASE-EA EMPLOYEE S , , If yes,dasrnbe under 11000,000 DESCRIPTION OF OPERATIONS i LOCATIONS 4 VEHICLES I ACORD 101,AddiGlonal RemaWs Schedule.may be attached it more space is rarl<unred) Monroe County BOCC is listed as additional insured to the General Liability and Automobile Liability policy. qk ,':N,Nl41d�llrrllIcl.uli�:�,1n �� ^�. lIN�4cnllck Il �i"'I�i1, NIn4��{'� plll�i�r 4�u� �l�"Cf„'Il(�41axSI,duidi��i�x';141a1t1�'�d � aCIwv 1La Icccjl4aHie, Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED FN ACCORDANCE WITH THE POLICY PROVISIONS.. Key Wet FL. 33040 �I 3 AUTHORIZED REPRESENTATrVE !,A ./��//]p,�i`p 9;nlltla`p p�^ �...rr1qu��i ' �➢r llli�u.0 �;Ir� i 1 Ia;t a;, I 14 L��r,"B Ia�i�.��r1,`,," l �Y � r 1988'2014 ACORD CORPORATION-All rights reserved ACORD 25(2014101) The ACORD name and loge are registered marks of ACORD 4856 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ContractorNendor: Project or Service: ContractorNendor Address &Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of ContractorNendor: Date: Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 30 of 30 4857 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with. LandDesi n IncaContract 4 Effective Date: upon execution Expiration Date: upon construction completion Contract Purpose/Description: Engineering Design and Permitting Services for Rowell's Waterfront Park Phase II Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Breanne Erickson x4427 Project IMgmt 1 Stop'#1 CONTRACT COSTS Total Dollar Value of Contract: $ 73,415 (NTE) Current Year Portion: $ 73,415.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ��&d oiln iliiulb�. ko "Ilwr1110 its S 00 001")00 p ro Ilk ,ry. Budgeted? Yes■❑ No ❑ Grant: $n/a County Match: $ n/a Fund/Cost Center/Spend Cate o : 30 -25005 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 ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Cary Vick Digitallysi.10.22 Cary Vick Date:20signe b 16:99:4 -04'00' Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2024.102307:1658-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date:2024.102309:19:16-04'00' Purchasing Signature: Lisa Abreu Digitally 2024.1e.by Lisa Abreu Date:2024.10.29 09:08:11-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2024.10.29 09:4951-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4858 AGREEMENT FOR Engineering Design and Permitting Services for Rowell's Waterfront Park Phase II This Agreement ("Agreement") made and entered into this day of , 2024 by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND LandDesign, Incorporated, a Professional Corporation of the State of North Carolina, authorized to do business in the State of Florida,whose address is P.O. Box 36959, Charlotte,North Carolina 28236,its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, on May 17, 2017, the COUNTY entered into a Contract Agreement with S & ME, Incorporated for the Engineering Design and Permitting Services for Rowell's Waterfront Park (Pro)ect); and WHEREAS, between the years of 2018 and 2023, the COUNTY and S & ME, Incorporated executed seven amendments to the original Contract Agreement for miscellaneous changes,additions, and revisions to the plans to redevelop Rowell's Waterfront Park.; and WHEREAS, S & ME, Incorporated has undergone significant changes in personnel and services provided over the last few years in which subconsultants were used extensively to continue to provide the services agreed upon in the original Contract Agreement and Amendments; and WHEREAS,the COUNTY has completed Phase I of the Project and is advancing with Phase II of the Project which requires revised engineered drawings, permitting assistance, and construction administration services; and WHEREAS, the COUNTY has elected to terminate the Contract Agreement with S & ME, Incorporated and desires to contract with the CONSULTANT who has performed as a subconsultant to S & ME,Incorporated for the remaining engineering design services in order to complete Phase II of the Project; and WHEREAS, the parties agree that the remaining engineering design services of the project would have been performed by the CONSULTANT pursuant to the Contract Agreement executed by the COUNTY and S & ME, Incorporated in its capacity as a subconsultant to S & ME, Incorporated; and WHEREAS, the CONSULTANT has provided and has agreed to continue to perform engineering services for the design through construction administration of the Project. Page I of 30 4859 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the COUNTY and the CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as the CONSULTANT for the Project until the duties of the CONSULTANT hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that it shall be accurate,coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employ. 1.1.5 The services of the CONSULTANT shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of such services,including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the BOCC to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color,national origin, sex,age,or any other characteristic or aspect which is not job related,in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. Page 2 of 30 4860 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The Scope of Basic Services of the CONSULTANT shall consist of those described in Attachment A. The CONSULTANT will perform for the COUNTY services as described in Attachment A in accordance with the requirements outlined in this Agreement. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon its receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,return receipt requested, to the following: Cary Vick Director of Project Management 1100 Simonton Street Room 2-216 Key West, Florida 33040 And: Christine Hurley Monroe County Administrator 1100 Simonton Street,Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 For the Consultant: LandDesign, Inc. 100 S Orange Ave. Suite 200 Orlando, FL 32801 Notice is deemed received by CONSULTANT 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. Page 3 of 30 4861 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required,the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads and maps. 4.2 The COUNTY shall designate a representative to act on behalf of the COUNTY with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the services provided by the CONSULTANT. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the services performed by the CONSULTANT and the work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the criteria of the COUNTY,as,and if,modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. Page 4 of 30 4862 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY and Monroe County Board of County Commissioners,its officers and employees from liabilities, damages,losses and costs,including but not limited to,reasonable attorneys'fees,to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subconsultant(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Carrie Read Landscape Architect Jason Rostek Civil Engineer So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. Page 5 of 30 4863 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the performance of this Agreement by the CONSULTANT a Not-to-Exceed Amount of Seventy-Three Thousand, Four-Hundred, Fifteen and 00/100 Dollars ($73,415.00) based on the fee breakdown and hourly rates provided in Attachment B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act (Section 218.70, Florida Statutes). CONSULTANT shall submit invoices to the County with supporting documentation that is acceptable to the Monroe County Office of Clerk and Comptroller(County Clerk). Acceptability to the County Clerk is based on generally accepted accounting principles and such laws,rules,and regulations as may govern the County Clerk's disbursal of funds. (A) If the duties, obligations and responsibilities of the CONSULTANT are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The invoice submitted by the CONSULTANT shall describe with reasonable particularity the service rendered. The invoice submitted by the CONSULTANT shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES Allowable reimbursable expenses will be separately identified in each invoice and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes and the Monroe County Code of Ordinances. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay,any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by the Monroe County Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the Monroe County Board of County Commissioners. Page 6 of 30 4864 7.4.2 The performance and obligation to pay by the COUNTY under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the failure of the CONSULTANT to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VII or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 The CONSULTANT shall obtain and maintain the following policies: A. Workers'Compensation insurance as required by the State of Florida,sufficient to respond to Chapter 440, Florida Statutes. B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles,including onsite and offsite operations,and owned,hired or non-owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or $300,000 Combined Single Limit D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred.If coverage is changed to or provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional Liability insurance of$500,000 per occurrence and $1,000,000 aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. The COUNTY shall be named as an additional insured with respect to the liabilities of the CONSULTANT hereunder in insurance coverages identified in Paragraphs C and D. Page 7 of 30 4865 F. The CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above and to any increased limits of the CONSULTANT, if so required by the COUNTY, during the term of this Agreement. The COUNTY will not pay for increased limits of insurance for subconsultants. G. The CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund,a Certificate of Insurance will be required.In addition,the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience for reference only and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence,each party hereto binds itself,its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise,with or any rights in favor of, any third party. 9.5 TERMINATION OR SUSPENSION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. Page 8 of 30 4866 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 the CONSULTANT should the CONSULTANT 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 the CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT 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 CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT 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 the CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY'S False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT 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 the CONSULTANT 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 Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Subsection 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 CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Subsection 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met Page 9 of 30 4867 9.6 CONTRACT DOCUMENTS This contract consists of this Agreement,the attachments hereto and any modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, the CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133,Florida Statutes,as a"public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted vendor Est. The CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS The CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general-records- schedules/), 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. Page 10 of 30 4868 Right to Audit Availability ofBecoids.The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy,as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets;correspondence;change order files (including documentation covering negotiated settlements);backcharge logs and supporting documentation;general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the COUNTY or the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in the COUNTY'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 the COUNTY'S representative and/or agents of the County Clerk. The COUNTY 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 the COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Statutes running from the date the monies were paid to the CONSULTANT. The right to audit provisions survive the termination or expiration of this Agreement. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall he in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY and CONSULTANT agree that,in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term,covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 11 of 30 4869 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and the CONSULTANT agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party,and shall include attorney's fees, and court costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law.Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely,voluntarily and with advice of counsel. 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the COUNTY agree that each shall be, and is,empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Agreement will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONSULTANT 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 provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17, Paragraph 9.20, Paragraph 9.21 and Paragraph 9.22 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the CONSULTANT agree to participate, to the extent required by the other party, in all proceedings,hearings,processes,meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 12 of 30 4870 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party,effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, 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 CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT 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. Page 13 of 30 4871 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, 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 CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential Job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing, or action,including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The CONSULTANT 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 CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page 14 of 30 4872 8) The CONSULTANT will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (7) 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 subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with,litigation with a subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST The CONSULTANT and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision,the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage,gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to themselves, they have neither employed nor retained any company or person, other than a bona fide employee working solely for them, to solicit or secure this Agreement and that they have not paid or Page 15 of 30 4873 agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for them, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and,at its discretion,to offset from monies owed,or otherwise recover,the full amount of such fee,commission,percentage,gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in their possession or under their control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor" for this provision only: 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 the Contractor shall allow and permit reasonable access to,and inspection of,all documents,records,papers,letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY'S custodian of records,provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be Page 16 of 30 4874 required by the COUNTY to perform the service.If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the COUNTY, upon request from the COUNTY'S custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY but,if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request,and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the COUNTY'S request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY'S option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIANkMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability,exemptions from laws,ordinances,and rules and pensions and relief, disability,workers' compensation, and other benefits which apply to Page 17 of 30 4875 the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.27 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION The CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate,incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer,agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on Page 18 of 30 4876 this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 Disadvantaged Business Enterprise , BE) Polic3T and Obligation. It is the policy of the COUNTY that DBE's,as defined in 49 C.F.R.Part 26,as amended,shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this 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 in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 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 consultant, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. Page 19 of 30 4877 9.32 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultant 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 CONSULTANT during the term of the Contract and shall expressly require any subconsultants 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 subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 9.35 The CONSULTANT shall hold the COUNTY harmless against all claims of whatever nature arising out of the CONSULTANT'S performance of work under this Agreement, to the extent allowed and required by law. [signature page to follow] Page 20 of 30 4878 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. MONROE COUNTY: County Administrator or Designee Date N,�IO�rRO �COUNTY"ATTOM'1NEY°5OFENCE Printed Name APPROVED AS TO FORM IINUVU �iS I, rIT 4 N ATTORNEY DATE: I U-16-9094 CONSULTANT: L.A—NDDESIGNN INC. Signature: Name: Chad Kovaleski Title: Partner Date: 10/22/2024 Page 21 of 30 4879 ATTACHMENT A Consultant Scope of Services The following paragraphs describe the scope of work to be provided under this agreement. I. PROJECT MANAGEMENT-NTE PHASE 040 As part of this scope of services, Consultant will manage the project team and the project through project closeout. These services may include: • Monitoring the Project Schedule • Coordination of Construction Document updates and providing bid documents • Scheduling Meetings • Responding to Client Inquiries of the Project Team • Coordination o f Permitting with Monroe County and other agencies including subconsultant coordination, comment responses and hard copy and PDF plan sets. • Invoicing II. PERMITTING ASSISTANCE—CIVIL ENGINEERING—NTE PHASE 041 Consultant shall assist County with the following: Monroe County Construction Plan Revision: Based on the requested Value-Engineered items, Consultant shall revise the previously permitted Rowell's Phase 2 Construction Plans. Upon completion of the revised plans, Consultant shall prepare a Monroe County Site Development application package to be submitted to Monroe County Planning and Building Department for review and approval. It is assumed that two (2) submittals will be needed, including the initial submittal and one (1) Request for Additional Information (RAI) response, prior to the revised permit being issued. Florida Department of Environmental Protection Notice of Intent: Working with the project Contractor, Consultant will prepare the required Florida Department of Environmental Protection (FDEP) Notice of Intent (NOI) for the Contractor to submit. Consultant is not responsible for any permit fees. Any additional permits other than those listed above, or any additional agency resubmittals will be considered out of scope and considered an additional service. III. PERMITTING ASSISTANCE—LANDSCAPE ARCHITECTURE PHASE—NTE PHASE 042 Permitting &Agency Coordination A. Consultant will respond to comments from Monroe County and other permitting agencies by updating plans as required and by providing comment responses for any landscape and irrigation items. B. Consultant will coordinate with reviewers to clarify and coordinate addressing comments as needed. C. Consultant anticipates up to two (2) response to comments. Additional submittals and significant design revisions will be considered an additional service and will be provided on an hourly basis. IV. PERMITTING ASSISTANCE—ARCHITECTURE AND MEP (lump sum) PHASE 900 Services to be provided by subconsultant Bender&Associates. Page 22 of 30 4880 V. CONSTRUCTION ADMINISTRATION—CIVIL ENGINEERING—NTE PHASE 050 Construction Administration Consultant will perform the following during the construction phase of the project: • Attend one (1) virtual pre-construction meeting with the County and the Contractor. • Provide project representation by visiting the site periodically during construction to observe the progress and quality of the construction work to determine if it is proceeding in general accordance with the contract documents. A maximum of three (3) site visits are anticipated, to be attended by one (1) senior staff member. • Provide responses to Requests for Information (RFI's). • Review shop drawing submittals. All submittals will be returned within five (5) business days after receipt from the County for review. • Attend bi-weekly Owner-Architect-Contractor(OAC) calls. • Review and approve contractor applications for payments. Project Close-out Services Consultant will perform the following during the Project Close-out Phase: • Complete a final construction observation visit to determine if the project has been completed in accordance with the Contract Documents. Once the project has been completed in accordance with the Contract Documents, the Consultant will prepare a Certificate of Substantial Completion. • Review Contractor provided as-built drawings for compliance with the permitted plans. As-built drawings will need to be provided in both PDF and CAD format. This phase includes up to 3 rounds of comments to ensure as-built drawings are in compliance with the permitted plans. • Based on final Contractor provided as-built drawings, record drawings shall be prepared. These record drawings shall be submitted to the County and permitting agencies as part of the final certification packages to close-out construction packages. Final certification packages will be sent to: Monroe County, Florida Keys Aqueduct Authority (FKAA) and the Florida Department of Environmental Protection (FDEP). VI. CONSTRUCTION ADMINISTRATION -LANDSCAPE ARCHITECTURE—NTE PHASE 051 Construction Phase Services A. Consultant will review shop drawings for hardscape, landscape and irrigation elements; coordinate contractor questions and RFI responses; perform site visits to observe construction progress; and attend conference calls during construction to coordinate with the contractor. VII. CONSTRUCTION ADMINISTRATION-ARCHITECTURE AND MEP (lump sum) PHASE 910 Services to be provided by subconsultant Bender&Associates. Page 23 of 30 4881 ATTACHMENT B CONSULTANT'S FEES COMPENSATION SUMMARY DESCRIPTION PHASE(S) EE9 Permittina Project Management—Not-to-Exceed 040 $7,500 Permitting Assistance— Not-to-Exceed 041 $12,750 Permitting Assistance— Not-to-Exceed 042 $8,750 Permitting— Lump Sum (Sub Consultant) 900 $4,530 Permitting Total: $33,530.00 Construction Administration Construction Administration— Not-to-Exceed 050 $19,000 Construction Administration— Not-to-Exceed 051 $8,000 Construction Admin.— Lump Sum (Sub Consultant) 910 $12,885 Construction Administration Total: $39,885.00 Grand Total: $73,415.00 Hourly Rates Partner $260 Principal $240 Director $220 Studio Leader $195 Senior Designer II $160 Senior Designer 1 $140 Designer 11 $120 Designer 1 $110 Administrative $100 Page 24 of 30 4882 M 00 00 ATTACHMENT C Iq COUNTYFORMS NON-COLLUSION AFFID"IT 1, Chad Kovaleski of the city Orlando according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Partner of the firm of LandDesian® Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Rowell's Waterfront Park Phase 11 and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The state s in is affidavit are true and correct, and made with full knowl e p 10/22/2024 .01 (Signatur r r (Date) STATE OF: ViA?A COUNTY OF: nyiLq C Subscribed and sworn to (or affirmed) before me, by means of)d physical presence or 0 online notarization, on o (date) by ov C"ke-5 KA" (name of affiant). He/She is pprsoaay. known to me or has produced __1�.I)W (type of identification) as _1...................— identification. 0_*V1JA0A\-e_-_ N YX C 0 ---- Notary Public State of Florida Tanya Ambrose sty commission HH 457581 My commission expires: Expires ' — Xpir= as fig 8 xpireS 211912028 Page 25 of 30 Iq 00 00 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE LandDesign, Inc. ............................ ................ (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consi i e former County officer or employee". (Signature) Date: 10/22/2024 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, on VD-2,Z-ZIA (date) by gskA (name of affiant). Fjo/She is personally .............. known to me or has produced ........................ ..................._ (type of identification) as identification. &-N,ot&ry Public Stale Of Florida Tanya Ambrose qOMMirSiOn HH 457301 My commission expires: )XPIrSS 2/19/2028 Page 26 of 30 to 00 00 DRUG-FREE WORKPLACE FORM Iq The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: Land Design, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that t P ful it e above requirements. .......... Proposer's Signaknv' 10/22/2024 Date STATE OF: T COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of"41physical presence or 0 online notarization, on 7-\A _(date) by L_ (name mmmm of affiant). p/She is personally known to me or has produced ......................... ..... (type of identification) as identification. Notary Public State of Florida NOTARY PUBLIC (SEAL) fill My Tanya Ambrose My commission expires: CornM185IOn HH 457581 Ex p1r83 2/19/2028 Page 27 of 30 to 00 00 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods ors rvi to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither LandElesign, Inc. (Proposer's name) nor an Ili e n placed on the convicted vendor list within the last thirty-six (36) ure) Date: 10/22/2024 STATE OF: COUNTY OF: 0�w, Subscribed and sworn to (or affirmed) before me, by means of .. physical presence or 0 online notarization, on I o-n-v4 (date) C by lAa& (name of affiant). fje/She is pson , knowr, .j-to m.eor has produced .......... (type of identification) as identification. ................................................. NOTARY PU Notary Public State of Florida Tanya Ambrose My Commission HH 457581 My commission expires: Expires 2/19/2028 Page 28 of 30 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Rowell's Waterfront Park Phase II Respondent Vendor Name: LandDesign, Inc. Vendor FEIN: 56-102942 Vendor's Authorized Representative Name and Title: Chad Kovaleski, Partner Address: 100 S Orange Ave, Suite 200 City: Orlando State: FL Zip: 32801 Phone Number 407-270-7800 Email Address: ckovaleski@landdesign.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Chad Kovaleski who is authorized to sign on behalf of the @hove referenced company. Authorized Signature: Print Name: Chad Kovaleski Title: Partner Note: The List are available at the following Department of Management Services Site: http://www.dms.Myflorida.eom/btisiness operations/state parehasin /vendor information/convicted suspended dis criminatoa ems �.rllaints vendor lists Page 29 of 30 4887 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/VendorName: LandDesign, Inc. Vendor FEIN: 56-102942 Vendor's Authorized Representative: Chad Kovaleski, Partner (Name and Title) Address: 100 S Orange Ave, Suite 200 City: Orlando State: FL Zip: 32801 Phone Number:_407-270-7800 Email Address: ckovaleski@landdesign.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; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Chad Kovaleski who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Chad Kovaleski Title: Partner Page 30 of 30 4888 Client#: 1540104 LANDDINC DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 10/22/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sherry G Teague USI Insurance Services, LLC PHONE 704-901-8724 FAX A/C,No,Ext: (A/C,No): 6100 Fairview Rd Ste 1400 E-MAIL h Ser tea ue ADDRESS: ry• @usi.com g Charlotte, NC 28210 INSURER(S)AFFORDING COVERAGE NAIC# 704 543-0258 Hartford Fire Insurance Company 19682 INSURERA: p Y INSURED INSURER B: Hartford Casualty Insurance Company 29424 LandDesign Inc. Twin City Fire Insurance Company 29459 INSURER C: Y p Y P O Box 36959 Continental Casual Company 20443 INSURER D: Casualty p Y Charlotte, NC 28236 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 46777313 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X 22UUNOL6HED 05/01/2024 05/01/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR ,„ PREMISES Ea occurrence s300,000 li MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 �- GEN'L AGGREGATE LIMIT APPLIES PER: DATE--- mm,.,...023 24„y,,,,,,,,,,.,,... ..��...-,�-, GENERAL AGGREGATE $2,000,000 POLICY JECT LOC War X PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X 22UENOL5534 05/01/2024 05/01/202 (CEO MBINEDINGLELIMIT a identS $1e OOOeOOO cc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ X$1,000 Comp X $1,000 Coll $ B X UMBRELLA LIAB X OCCUR X X 22XHUBC7M3H 05/01/2024 05/01/2025 EACH OCCURRENCE $5 OOO 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$10000 $ C WORKERS COMPENSATION X 22WBOL6H6P 05/01/2024 05/01/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional AEH591939137 05/01/2024 05/01/2025 $3,000,000 Each Claim Liaibility $3,000,000 Annual Agg. Claims-Made $125,000 Retention DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Description of Operations: The general liability,auto liability and umbrella policies include an automatic additional insured endorsement that provides additional insured status to Monroe County BOCC only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. The general liability,auto liability and workers compensation policies provide a waiver of subrogation when required by written contract,except as prohibited by law. The above coverage is primary (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE 4oQ i& Q) ©1988-2015 ACORD CORPORATION.All rights reserved_ ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 4889 #S46777313/M44651251 SACT DESCRIPTIONS (Continued from Page 1) and noncontributory where required by written contract for general liability and auto liability only. Umbrella is following form on general liability and auto liability per policy endorsements. The general liability includes an automatic status endorsement providing that 30 days notice of cancellation will be given to the certificate holder by the insurance carrier where required by written agreement. SAGITTA 25.3(2016/03) 2 of 2 4890 #S46777313/M44651251 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Mr. Andrea Ceccolini Contract# N/A Effective Date: ,October 1 ZQ�4 Expiration Date: m r 1 2 24 Contract Purpose/Description: Andrea,Ceccolini is,a ke notes eakerwho,will be s eakin about,,climate::chan b .... At the'Climate`Surdmit hosted b, Monrae'Count can Oecernber 15`- 18 Rhonda,Haag Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: =Rhonda Haag '95-9928 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) ¢f multiyear agreement then 5,000 requires BOCC approval,unless the 5,000 P:n;;u[a eunndadV VL amount is Ih',,ss ilhwil 'u;"g0li dnnlidli a"Ud;nll Budgeted? Yes❑X No ❑ Account Codes: 004 05051 - Grant: $ _-_- County Match: $ _-_-_-_- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: Not Applicabe of included in dollar value above Le. .maintenance utilities 'anitorial salaries etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date In Digitally signed by Rhonda Haag Department Head Yes❑No❑ Rhonda Haag Date:2924,9.28,93859 Joser�h /�, Digitally signed by JosephX. County Attorney Yes❑Nol❑ p Data 2 10/28/2024 Date:2024.10.28 16:38:03 10/29/2024 Risk Management Yes lly signed Use Lisa Ab re u Dade 2024.10.30y0911553reu O.M.B./Purchasing Yes❑No❑ 04'00' Comments: Revised BOCC_3/18/2 2 Page 74 of 92 4891 AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS AND ANDREA CECCOLINI TO SPEAK AT CLIMATE LEADERSHIP SUMMIT This Agreement is made and entered into this 30th day of October _, 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Andrea Ceccolini ("SPEAKER")whose address is 12 Hengrave Road, London SE23 3NW,United Kingdom. WHEREAS, the COUNTY desires to have the SPEAKER present at the 16th Annual Regional Climate leadership Summit, hereinafter referred to as the "Summit", in Key West on December 16-18;and WHEREAS, it serves a public purpose for the COUNTY to host the Summit, as a partner of the Four County Compact "Compact", to protect public infrastructure, property, water resources, natural areas and native species,and basic quality of life; and WHEREAS,the SPEAKER has agreed to present at the Summit. NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT. The Agreement consists of this document, and its exhibits only. 2. SCOPE OF WORK. SPEAKER agrees to speak at the Summit, as requested by the COUNTY. The speaker shall provide an onsite presentation approximately 30 minutes in length and shall provide a copy of the presentation to the County two weeks in advance of the event. Speaker agrees to allow the County to post the presentation and recorded video of the presentation on the County and Summit websites. 3. COMPENSATION AND PAYMENTS TO SPEAKER. The COUNTY shall pay the SPEAKER from funds donated to the COUNTY for the purpose of hosting the Summit. COUNTY shall pay SPEAKER the lump sum of Five Thousand Dollars ($5,000)after the event. There shall be no additional expenses for travel, lodging, per diem or any other expenses,as they are included in the stated total compensation. Payment to the SPEAKER shall be made by COUNTY after the Summit. SPEAKER shall submit to COUNTY the invoice attached to this CONTRACT as Exhibit"A'. No payment shall be made if the speaker does not speak or if the event is cancelled due to unforeseen conditions. Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, (Section 218.70 et. seq., Florida Statutes). SPEAKER shall submit invoices to the County with supporting documentation that is acceptable to the Office of Monroe County Clerk and Comptroller (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws,rules, and regulations as may govern the Clerk's disbursal of funds. Page 1 _. 4892 4. MAINTENANCE OF RECORDS. SPEAKER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general- records-schedules/), 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 the applicable retention period following the termination of this Agreement. 5. TERM OF AGREEMENT. This Agreement shall commence on October 1, 2024, and end December 19,2024. 6. HOLD HARMLESS AND INDEMNIFICATION. SPEAKER covenants and agrees to indemnify and hold harmless COUNTY and the COUNTY's elected and appointed officers and employees from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by SPEAKER occasioned by the negligence, errors, or other wrongful acts of omission of SPEAKER, its employees,or agents. 7. INDEPENDENT CONTRACTOR. At all times and for all purposes under this agreement SPEAKER is an independent contractor and not an employee of the Board of County Commissioners of Monroe County (BOCC). No statement contained in this agreement shall be construed so as to find SPEAKER or any of his employees, subs, servants, or agents to be employees of the BOCC. 8. ASSIGNMENT/SUBCONTRACT. SPEAKER shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the BOCC and SPEAKER, which approval shall be subject to such conditions and provisions as the BOCC may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the BOCC. 9. DISCLOSURE AND CONFLICT OF INTEREST. SPEAKER represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Section 112.311, et. seq., Florida Statutes. Upon execution of this contract, and thereafter as changes may require,the SPEAKER shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the SPEAKER sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation,or is provided on a voluntary basis. _ Page 2 4893 10. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. SPEAKER warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price,or otherwise recover the full amount of any fee,commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. 11. NO PLEDGE OF CREDIT. SPEAKER shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment, lien, or any form of indebtedness. SPEAKER further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 12. TERMINATION. The COUNTY or SPEAKER may terminate this Agreement without cause with seven (7) days' notice to the other party. If SPEAKER terminates prior to the Summit,he agrees to forfeit any and all compensation. 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida;the COUNTY and SPEAKER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 14. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY,when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 15. ATTESTATIONS. SPEAKER agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 16. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 17. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken Page 3 4894 together shall constitute one and the same instrument and any of COUNTY and SPEAKER hereto may execute this Agreement by singing any such counterpart. 18. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 19. LEGAL OBLIGATIONS AND RESPONSIBILITIES. This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 20. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to authorize,nor shall it be construed as authorizing,the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,state statute,and case law. 21. NONDISCRIMINATION/EOUAL EMPLOYMENT OPPORTUNITY. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article Il, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. Page 4 4895 IN WITNESS WHEREOF COUNTY and SPEAKER hereto have executed this Agreement on the day and date first written above. BOARD OF COUNTY (SEAL) COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk County Administrator Date: Date: MONROE COUNTY ATTOMNEYS OFFICE APPROVED AS TO FORM ASSISTANT COUNTY ATTORNEY DATE: 9-27-7024 Witnesses for SPEAKER: ANDREA CECCOLINI By- By: Signature of person authorized to Signature legally bind INDIVIDUAL, Date: i Date: ids Z-"?Z&.O 2- AIQCAFC- Print Name By: Address: i e-,j?,AV1E Signature Date:------ Telephone Number: Page 5 4896 Exhibit"A" INVOICE December 19, 2024 To: haag-rhonda@monroecounty-fl.gov From: Andrea Ceccolini whose address is 12 Hengrave Road, London SE23 3NW United Kingdom Due: $5,000 Please pay the sum of $5,000 for travel expenses related to my participation as a speaker at the 4th Annual Regional Climate Leadership Summit held December 16-18, 2024. There shall be no additional charges for travel, lodging, per diem or any other expenses, as they are included in the stated total compensation. I certify that I have provided the services due under this Contract, which include presenting at the Summit. By: .... .... .... .... .... .... ........ Page 7 .... .... .... .... .... .... .... .... 4897 Exhibit"B" LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission,percentage,gift,or consideration paid to the former County officer or employee." (S ignature) Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means of 0 physical presence or❑ online notarization,on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: Page 7 4898