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HomeMy WebLinkAboutItem O4 04 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 December 11, 2024 Agenda Item Number: 04 2023-3251 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard n/a AGENDA ITEM WORDING: Ratification of eight(8) small contracts signed by the County Administrator. ITEM BACKGROUND: The County Administrator pursuant to Monroe County Code and the Monroe County Purchasing Policy executed eight small contracts where the total cumulative value was less than $100,000.00. The contracts were between Monroe County and Everbridge, Sands of the Keys, Precision Contractors, Kruer, Taylor James Painting, Xerox, Reel Ting Band and Tower Pest Control. PREVIOUS RELEVANT BOCC ACTION: n/a INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Small Contract m Sands of the Keys EM 11.7.2024_signed.pdf Small Contract m Prec. Contractors 11.7.2024_signed.pdf Small Contract m I,'ruer 11.07.2024_signed.pdf Small Contract m I,'ruer 11.07.2024_signed.pdf Small Contract m Taylor James Painting 11.13.2024_signed.pdf Small Contract m Xerox CAY 11.14.2024.pdf Small Contract -Reel Ting Band m Summit 11.20.2024_signed.pdf 4093 Small Contract - Tower Pest Control 11.21.2024—signed.pdf Full Everbridge Renewal package.pdf FINANCIAL IMPACT: n/a 4094 1,411� lw tl w W lw 11:wl R114 I S PI II i�� S II-'N I IR.ilw i�/ ''1 -111:M a ilw"u' P14 II I'All.U., ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Sands of the Keys, INC Contract# 00201 Effective Date: 11/01/2024 Expiration Date: 12/31/2024 Contract Purpose/Description: Lease agreement for 2 Canon Copiers - Image Runner Advance C5540 and C5560 for Emergency Management to include 4 tray paper cassette feeding unit, inner finisher, fax board, and single pass scanning. Total coast is $250.00 per month, $0.015 per B&W page and $0.075 per color page to cover all consumables, service, parts, and labor. Contract is Original Agreement Contract Manager: Cory Schwisow 6065 EM/ Stop 414 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 250.00 Current Year Portion: $ 250.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the;orq d cunmh,,e wr o+ho,d,N iH"MN1000,0w0„r d,s) Budgeted?Yes X No ❑ Grant: $ County Match: $N/A Fund/Cost Center/Spend Category: 13500 /530310 SC_00036 Other Contractual Services ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries, etc.) Insurance Required: YES ❑ NO X CONTRACT REVIEW Reviewer Department Head Signature: eG4_,_.__ pp Digitally signed by Cynthia L.Hall W DN:_Cynthia L.Hall,o=Monroe County SOCC,ou, W email=hall-cynthia[mon,ae unty-fl.ga,,-US County Attorney Signature: _ Date:County Risk Management Signature: 10.28.24 Purchasing Signature: `' Digitally signed by John OMB Signature: John uinn Quinnn g _Date 15:19:11-04'00' Comments: Revised BOCC 4/19/2023 i e 'a.sc 4i d P i 2(,P2, 89 t 4095 t '' ��d o� o f t1 keys, Inc. INVOICE#: 00201 'y ui N ��„�k.� i ,,ac h u d:°ro it i at l'1)1 a fn e IY'.., EQUIPMENT RENTAL INVOICE ORDER DATE: 11/01/2024 NEW/ EXISTING CUSTOMER: NEW SOLD TO CUSTOMER: MC BOCC EOC BUILDING 7280 OVERSEAS HWY MARATHON, FL 33050 SHIP TO: SAME EQUIPMENT RENTAL SALES SERVICE EQUIPMENT RENTAL SALES SERVICE DELIVERY X INCLUDED QUANTITY PRODUCT NO. DESCRIPTION MONTHLY TOTAL RATE PER MONTH CANON ima eRUNNER ADVANCE C5540 $125.00 125.00 BOTH DEVICES EQUIPPED WITH 4 TRAY PAPER CASSETTE FEEDING UNIT INNER FINISHER FAX BOARD AND SINGLE PASS SCANNING. ZERO BASE MAINTENANCE AGREEMENT BILLED AT $0.015 PER B&W PAGE AND$0.075 PER COLOR PAGE,TO COVER ALL CONSUMABLES,SERVICE,PARTS AND LABOR. 'STAPLES,PAPER AND NON-COPIER SPECIFIC IT SUPPORT ARE NOT INCLUDED IN AGREEMENT. SUB- TOTAL $250.00 TAX N/A TOTAL $250.00 STANDARD RENTAL RATE 2 MONTH MINIMUM. CANCELLABLE AFTER 60 DAYS WITH 30 DAY NOTICE TO QUIT. TAX EXEMPT NUMBER IF APPLICABLE CUSTOMER SIGNATURE: DATE: SANDS OF THE KEYS John Ribble DATE:1 1/01/2024 SIGNATURE: Post Office Box 345, Islamorada, FL 33036 Phone: 305-852-4378 Fax: 305-852-5054 Approved as to form and legal sufficiency Monroe County Attorney's Office 10-23-2024 ° 4096 ADDENDUM TO EQUIPMENT RENTAL INVOICE FROM SANDS OF THE KEYS (COPIER LEASE) (State and Local Clauses Only) The following clauses are added into the attached Equipment Rental Invoice as if fully set forth therein: Vendor: Sands of the Keys, Inc. 86489 Overseas Highway Islamorada, FL 33036 1. Florida Public Records law (F.S. 119.0701). RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law. c. 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 public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency 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 Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. 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, 1 4097 BRIAN BRADLEY, AT (305) 292-3470, radle -brian rnonroecount° - 1. v, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all contracts for purchases of services or goods > 1 year): Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: N/A Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required for all procurement documents and contracts by F.S. 287.133 and Monroe County Purchasing Policy): 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10- 1990): By entering in this Agreement, the vendor 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. 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 z 4098 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. 6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a boycott of Israel. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is 3 4099 based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting to that the nongovernmental entity does not use coercion for labor or services. The affidavit attached hereto is incorporated by reference. 10. Foreign Entities Affidavit (F.S. 287.138): a. Beginning 1/1/2024, a governmental entity may not accept a bid or proposal from, or enter into a contract with, an entity which would grant the entity access to individual personal identifying information ("PII") unless the entity provides an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the criteria in F.S. 287.138(2)(a)-(c): • Entity owned by a country of concern (China, Russia, Iran, North Korea, Venezuela, Syria) • Controlling interest by government of foreign country of concern; • Entity organized under the laws of or has principal place of business in foreign country of concern. b. Beginning 7/1/2025, a governmental entity cannot renew a contract with an entity which would grant the access to PII unless the entity provides the affidavit. c. Beginning 7/1/2025, a governmental entity cannot extend or renew a contract with an entity meeting the above criteria if the contract would give access to PII to that entity. The affidavit attached hereto is incorporated herein by reference. 11. Total Amount of Invoice: The maximum amount of the contract shall not exceed one hundred thousand dollars and no cents ($100,000.00). 12. The signatories below have full authority to execute this Addendum on behalf of their respective entities. 4 4100 WHEREFORE, the parties are entering into this Agreement as of the dates set forth below. VENDOR: CUSTOMER: Sands of the Keys Inc. Monroe County Board of County Commissioners y � By �(-..--c%6'rg4:�nds,� President Christine Hurley, County Administrator Date: fo W Date: Approved as to form and legal sufficiency: Monroe County Attorney's Office 10-23-2024 5 4101 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT F R B EES Entity/Vendor Name: ,..e_�At .. .__. Vendor FEIN: - /' " Vendor's Authorized Representative: (Name and Title) Addr s: � ( . City,- w C ' Stater Zip: Phone Number Email Address: mr � 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 si n behal . f he ,move red renced company. Authorized Signat re: Print Name: _ , /; . Title: A._. 6 4102 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 of the city of &Z-A&6 according to law on my oath, and under penalty of perjury, depose and say that: a. I am of the firm of 'g, ("Entity"), the bidder making the P46posal for th _pr?)ect described in the Request for Proposals for ...... and that I executed the said proposal with full authority to do so; b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knoWledgt-that--Mo"n'roe County relies upon the truth of the statements contained "Arf his avit iin awa­'r&qg contracts for said project. `6y (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ysical presence or Ei online notarization", on Q L±- by des �qrsqaly(name of affiant). He/She is p (date) n, ! known to me or has"produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: as ray JOSHUA P(AL 10'Not a r y ryubk,R,0 IN`F kv i da g' o Jr CvrmflNon +1312763 y 20216 4.�5 ndev khrwjg i%MonM Nota�y Msn 7 4103 Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTRACT , k Oi l F,'OR CON`l 1 "7, j, ,ll . , IracL a It �� 8 hw oL�tra ,,,,,., Effective Date: N Expiration Date. Contract Purpose/Description: ,.....� ld '+ , I,", iwaC� g ¢; i( rI1a blli' »a i1w Nrwrt+ att ; Y( ��,� 0 , bra I � z tM Ir� wowt Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: 1� I ;;,, ?,, fit ilia'alp ; CONTRACT COSTS Total Dollar Value of Contract: $ 0 00 Current Year Portion: $ (must be$100,000.00 or less)_ (If multiyear agreement then meupmures]1;46:1CC apupumova;l,uudess the QumU Cumulative amount is $104D,6Du}41 p77 or No~ v) Budgeted?Yes* No ❑ Grant: $24,700.00 County Match: $11f , � l°ur dJC'ost Center/ p real Cale got. : I2 0 -040 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Re uired: YES A NO ❑ See attached cols in packet CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis --- Patricia Eables 0[p°.°y M'� lhyw UftmE.Itft� County Attorney Signature: 1 � 9 Jaclyn Flatt Diafk.11y gi .by .dynFl.ft Risk Management Signature:. Y D.W:20i410,3108:12.11-04'00' Lisa AbreU r�s!WHy +x ahyH.,aauvr�ru Purchasing Signature: 4k'aUa:�2024.11 07 Pod142:.52-05'0V John QuinnurUD.,uuy '£#n iu:yJ.h.rauom� OMB Signature, D c:2C124.1 I Rr MUM.05'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4104 N E C . rly BOA11D, OF COUNIN COMMISSIONERS REQUEST FOR SERVICES FOR Rebuild Theatrical Stage Deck at MurrayE. Nelsonovern en enter - Auditori 102 50 Overseas Hwy., Key Largo, FL 33037 .�M W"y 9P""^M May J A BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District S Mayor Pro Tern 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 September 4, 2024 PREPARED BY: Monroe County Facilities Maintenance Department Page l of 53 4105 Monroe County Facilities Maintenance General Scope of Work Job Name: Rebuild Theatrical Stage Deck at Murray E.Nelson Government Center-Auditorium Job Location: Murray E. Nelson Government Center-Auditorium 102050 Overseas Hwy., Key Largo,FL 33037 Contact: Kevin Dillon or Nestor Torra Kevin Diilon j Oi,aP Nestor Torra n� r n, :ter ,o r.ui,s,tis& ilia 5011t 1622 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("Owner" or"County") shall enter into a contract with ❑ rlualitied Contractor to rebuild the Theatrical Slage Deck at the Murray 1:'. Nelson Government Center. Auditorium located at 102050 Overseas lIN�-y.. Key Largo. Florida 33037. The term of this contract shall commence Upon approval and executjon of the contract bN Monroe COLlnty and %\ill laminate upon final completion of the Project as noted herein. Contractor shall continence pertbrnlance under the contract. "hich may include applying fora permit il'one is required for the Project. within Ten (10)calendar days ol'the date of issuance to the undersigned bi.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: 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. Page 2 of 53 4106 II) All quotes are clue by Thursday, September 12, 2024, at 3:00 P.M., visa email to "I"orra-Nestor(4)ntottt-occounty-fl.gov. All Quotes must state they will be good for one ltttatdred(wenty(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 repair the Theatrical Stage Deck at the Murray E. Nelson Government Center -Auditorium, 102050 Overseas Hwy., Key Largo,FL 33037: • Isolate the theatrical stage area(s)to be worked on with caution tape • Disassemble and dispose of'the current damatwd deck Replace the damaged 2"x 4"stage structure as needed 0 Install new plywood deck Install required soundproofing as needed Install new Masonite board 6 Paint two(2)coats of flat black paint,as specified Leave the designated work area clean and debris free Include all Engineering and/or Permit Fees,as required. 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Kevin Dillon at 305-363-9200 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 4107 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 Thursday,September 12,2024, at 3:00p.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 4108 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 nmy 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 suhaaait the Contractor's License and Monroe County Business"l`ax Receipt along with ils Proposal. If the Contractor is not a current registered i`alonroe County Vendor„then it shell also submit o-a property completed and executed -9 Dorm. 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 eaaaaployees 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 cxpenscs that aaaay 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,stab-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 f°irotn 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$l 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 circurnstances that Page 5 of 53 4109 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. Utiterl:_tat5*s 11E )Artn�cawtl��tl Ita ....mow rr Ittdetttrritie�rti tl 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 natter relating to sueh 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 4110 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: l) 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 t, 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) Nar�tttli;�critnittatiatttJ ':e uaI I�;mt rltr�nrc^ttt tI ��+u�ttttnit . 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 4111 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 VIl 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 t912, 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 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 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, Dcpartment 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 Page 8 of 53 4112 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 othcr 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 4113 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 (I ontractor will include the portion of the sentellec ininledialely preceding paragraph(I)and tile provision of'paragraphs(1)through (8) in every subcontract or purchase order unicss exempted by rules, regulations, or orders of the Secretary of Labor isstled pursuant to section 2(.,)4 tifF."xectitive order 11246 of September 24, 1965, so that such provision,,,will be binding upon each subcontractor or vendor, 'rhe Contractor will take such action with respect to any subcontract or purchase order as the a(fininisteriag agency may dire-cl as to means of crifOrcing, such provisions, including sanctions for non-compliance, provided, however, that in tile event a contractor becomes involved in, or is threatened with,litigation witliastibcoti(ractor tap-vendor as a resuft of" such direction by the administering agency (tic Contractor may request the United Slates to enter into such litigation to protect the interests ofthe United States, 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. 1crinination, provi, 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. Terniii it on, l0i C cam R i c s: In the event of breach of any contract terms, Aus I ei iv i �d 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 4114 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 (lie 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( l�ra) rn For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.l35(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) l'4latinteirance 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 (."ounty Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for Page 1 l of 53 { 4115 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,ce, or their authorized representatives, shrill have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. IV) lei whg t tea a rl t... Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as `'Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion, The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. Page 12 of 53 4116 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) 1*st ^ttpuertt of�d"re:c�/IrtvoiawM , County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Sta(.,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 to4be 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: Nestor Torra via email at Torra- Nestornmonroecounty-tl.gov. 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) 1*ttl lie 1 eeorMds("orxr ►liart+re. 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. Page 13 of 53 4117 (2) Upon request from the County's custodian of records, provide the County with a, copy ref`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 duratkm of the contract term and following completion of the contract if the contractor does not transfer the records to the County, (4) (Jpon completion of the contract., transter. at no cost, to the County all public records in,possession of the Contractor or keel)and maintain public records that would be required by (tic County to perform the service, I fthe Contractor I rans fers 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 CIUStOdian 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 Illust 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 record's 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 tile public records contract provisions in accordance with tile 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 tirne 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-11AS QUESTIONS REG'ARDING THE APPLIC—ATION OF CHAPTU FLQRID�A STATIALFLS, TO .�4�11 9 PUBLIC RECORDS R F,L ;TIN G TO*11111 S CO N"I'll I A(,�T (J)N�-r A C�TT t I�EC U S�TO D I�AN OF PUBLIC RECORDS. BRIAN BRADLEN AT PIION!� N - 305- 292-3470, BRAD�LFV-IIR!ANA!MM(i�)LNRO�EC('�NTY-FL.i=OV MONROE COUNTY AlIFTORNEWS OFFICF,, 1111 11rit Street SUITE 408 iCEY MAY, FL 33040. Page 14 of 53 4118 V1I) L-,-Verify?st,r!n. 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) "tat ice Ila�z trirr�nrert, 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: 11, krho('Aor For Owner: Facilities Maintenance Department Attention: Kevin Dillon 300 Magnolia Street Key Largo, Florida 33037 And Monroe County Attorney's Office 11 I 1 12'h Street Suite 408 Key West, Florida 33040 IX) Uncontrollable+f„`ir•cnnrstance. 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 eras caused directly by an e\ent beyond such Party's control. wilhout such I'arty's lault or negligence and that by its nature could not have been Foreseen by such Party or, if it could have been foreseen, was unw oidable: (a)acts ofGod:(b) Flood. lire.earthquake.explosion, tropical storm. Page 15 of 53 4119 hurricane or other declared cmcs°gcncy in the geographic area of the Project. (c) year, invasion. hostilities (�%hether %wr is declared or not). terrorist threat,; or acts. riot. or other civil unrest in the geographic area of the Project: (d) gor crnment order or lakr in the geographic area of the Project: (c)actions, embargoes, or blockades in ellcct on or afler the date of this Agreement: (1) action by any govcrnmental authority ;prohibiting work in the geographic area of the Project:(each, a "uncon(rollable Circumstance"). Contractor's financial inability to perform. changes in cost or availability ol'matcrials. components,or services. market conditions.orsupplieractions or contract disputes"itI not excuse performance lay Contractor LIMIcr this Section.ti o1i11[ritclor slta�rll give l:"�'►ust4y' N�ritlen notice, %cithin se�,en (7) days ofan) vNent or circumstance that is rcasc►n'jbly 1'ikek to result in an 1lrvecatrtrtall tf�le C'i1cu1Y1sta1tcc., or as soon its possible after such l!ncontrollahle Circumstance WS occurred if reasonably anticipated. and the anticipated duration ol' such Uncontrollable Circumslarnce. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance. ensure that the eflects of any Uncontrollable Circumstance are minimized turd resume full performancc wider tliis Agtecmcnt."l'he County will not pay additional cost as a result of an Uncont'o11able Circrmistance. 'I he Contractor may only seek a no cost Changc Order or Amendment for such reasonable time as the Owner's Representative may determine. X) d'iutli(►atiott ofllisttrls n Iliaa rcWements. 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 1I,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 11 to C.F.R. Part 200, as amended, including but not limited to: A) Ctean Air Act 42 U.S.C. �"74t?1-7671r L.L4nd the Federal Water Pollution Control Act 33 U.S.C. §11 "51.1.387 as amended. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §§1251- 1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000.00. The contractor agrees to include these requirements in each subcontract exceeding S100,000 financed in whole or in part with Federal assistance provided by the American Rescue Plan Act funding. The Contractor Page 16 of 53 4120 agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation, as required (o assure notification to the Department of' Treasury/Federal Agency and the appropriate EPA Regional Offllce. B) Contract Work lloul's mid Safell, Where applicable, which includes all FFMA 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.§J3702 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 condi(iows 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) Overlime requiremenis. 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 far 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 Page 17 of 53 4121 clause set forth in Paragraph(b)(1)of 29 C.F.R. §5.5. (3) PVithholding /br unpaid wages and liquit-hited daniages. The Federal agency shall, upon its own action or upori written request of an authorized represcriNitivc of the Department of Labor, willihold or cause to he withheld froin any moneys Payable or) account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prinic contractor,or any other federally- assisted contract sutiject to the Contract Work Hours and Safety Standards Act,which is held by the sanic pfirue contractor, such sunis as may be determined to be necessary to satisfy tiny liabilities of such contractor or subcontractor fear unpaid wages all(] liquidated darnages as provided in the clause set forth ill, Paragraph(b)(2)of 29 C.F.R. §5.5. (4) Sithcontretcts The contractor or subcontractor shall insert in away subcontracts the clauses so forth in 29 C&K §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) nicnC If the Federal 7 CFR §401.2 (a) and the recipient or sulirecipient wishes to eater into a contract with a small business firtia or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agrecrrient,"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) ) 1) rat*nt s 1eA �cjll��816 lc�llsi(0,11,�EXW,11(hv A contract wj,jrd tind er tra L'tioll, s a `"covered 'a must not be made to parties i � listed rt es 'ted on the �govemljjentwid System l'or 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 Contractor is required to verify that none of the contractor's principals(defined at 2 C.F.R. §180,935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded Page 18 of 53 4122 (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,RR. pt. 3000, subpart C, kind must include a requirement to coinply 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. 190, 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 ApiendallaLL3 J V.S,C. "1.152.1., 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) 200.323. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. Yhe 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 S10,000 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 4123 I-Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price, lcqljili Tllujla. ""Id, Ihc PA, III ocul The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G) setwictsol- eil"W"fellit its set foil-tit in 2 Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2)Extend or renew a contract to procure or obtain; or (3)Enter into a contract (or extend or renew a contract) to procure or obtain equipment services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, flangzhou Hikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). 00 Telecommunications or video surveillance services provided by such entities or using such equipment. (iiii)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) Qolinestic PITEDSOCC for 111-oc"t-Ornents as set forth in'2 CY.R. k200.322. 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 4124 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 (lie United States" means, for iron and steel products, that all rflatl1lltaCtLlhtl[,J PVOCCSSCS, ft0ill tile illitial melting stage through the application of CM16119S, occurred in (1,10 United'States. (2)"N'laiii6vtored products"1110111S iteills and construction malerials composed in whole or in part of' rion-flerrolls metals Stich as aluminum,- plastics and polviller- based products Such as polyvinyl chloride pipe"agigregates Stich as concrete 'glass, including optical fiber; and luillher. 1) Covelm)(1 11Aljti_KkCkhiL —Act 200 )vq�fix IIAL)JL�Lo ,�.C. ,...AM_ JL _ 4314-51. This section applies Y"ihe ewilrael is in excess ol'$2,000 crud pertain to construction or repair, and further, if required by Federal program legislation. Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 C,F.R. Part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides in part that Contractor shall be prohibited from inducing, by any means, any person employed in tile construction,cornpIction,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 tile Department ofthe 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) Auterivans svith DisabijjtLc�S_Act Of 1990 JA!IAJ, as amended. 'the Contractor will comply with all the roquirenicnis as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto, B) L)kadyantajLed Hush"10 hilteri It is [lie Policy of the County (hat DBEs, as defined in C.F.R, Part 26, as amended, shall have the opportunity to participate in the performance of Page 21 of 53 4125 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 D,BE's have the opportunity to participate in the performance of the Agreement. In this regard,tall recipients and contractors shall''take all necessaty and reasonable steps in accordance with 2 C.F.R. §200,321 (as set lbrth below),applicable lWeral and state laws and regulations lo 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. CONTRACTINC, WITH SMALL AND MINORITY S 11USIL S I 's NFERPRIS1 ,AND LA11OR SURPLUS ARFA,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 whenevqrA q�,,�sible. 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, whe e eaga()1))tt ally 6 asible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery scheduics, whcire 11 which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, i 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. Access to Records. Contractor and its successors, trainsferces, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accoun(s, 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 tile Department of the Treasury,(2)Gi ve the Department of the Treasury access to and Page 22 of 53 4126 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) 1t� rt'cs trr ContraO. 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) l�:xrwcrticwt`ttl reNrsnttirrrtr. 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 t°izt'tding this Agreement equals or exceeds$30,000.00 as defined in 2 C.F.R. §170.120°; (b) the Contractor received 80 percent or more of its gross revenues from federal procurcownt 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 ( ) 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 Securitics Exchange Act of"193 (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,lii, F) No Obliggion byFederal (;;overnment. Me Federal Government is not a party to this contract anti k, not subject to any obligations or liabilities to the County1non- Federal entity,Contractor or any other party pertaining to any mutter resulting from the contract, G) - tatementi or Relata:d ��cts. 3"he contractor acknowledges that 31 U.S,C. Chap. 38 (Administrative Rernedies for Page 23 of53 4127 False Claims and Statements)applies to the Contractor's actions pertaining to this contract. H) The Contractor shall utilize the (.I.S, I)eparlojent of Elotneland Security's E-Verify system to verify the employment eligibility of all new eniployces hired by the Contractor during the term of the Contract and shall expressly require an), subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U,S, Department of Homeland Security's, E-Verify system to verify the employment eligibility of all new,employees hired by the subcontractor during the Contract term,, 1) The Contractor will be bound by the ternis,and conditions of the Federally Funded ;Mate & Local Fiscal Recovery Fund Financial Assistance,Agreernent between the County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreemetjt. J) 'file 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 al'lowed and required by law, K) Ener , Efficitticy. if applicable, the Contractor will comply with the Energy Policy and Conservation Act (H— 94-163; 42 OXC, §§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) (,*oj Iflict, of In...,tere.......... t, The Contract(:)r understands rand agrees it must maintain a conflict-of-interest policy consistent with 2 C.1,1t § 200.318(c) firld that such conflict-of-interest policy is applicable tea each activity funded under the federal award its set forth in Attachment A, 'I'lle (0111ractor and subcontractors niust disclose in writing to 'Treasury or the pass-throtigh entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C,I,-',R, § 2WI 11 M) &mcclial 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 tratiche of future award funds, if any, or take other available remedies as set forth in 2 CT RI 200.339, In the case of a violation OfSection 602(c)of the Act regarding the use offarlds, previous payments shall be subject to recoupment 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)(lll)of the Act,as applicable. N) ve 0 Orders. This is an ) financial assistance Will be used to farad the contract only. °lire C°rantrac for 'es to comply with the r s adopted by Treasury Page 24 of 53 4128 pursuant to Sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R. Part 200,other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal identifier and System for Award Management(SAM),2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R. Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R. Part 180, subpart B)that the award is subject to 2 C,F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C,F.R. Part 20, vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. 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) glatch Acc 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 4129 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) h't lse itatjMcnts 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) 1"trblicatiovI 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) )ebts Qvg-tl the h'rrder�tl ovwrrtntent 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 frorn the performance of services landed 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 4130 T) l t tcvtiotts for. clrl� svc�rs. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv.A Treasury employee responsible for contract or grant oversight or management; v, An authorized official of the Department of Justice or other law enforcement agency; vi.A court or grand jury;or vii.A management official or other employee of Recipient,contractor, or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. U) I'nc re s,i n,Sc4l licit lase in_tlic IInited 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) lcalttcitt" "l"eatrlcwst�a'irthi1e Llt°tvin �m 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 4131 PROPOSAL FORS PROPOSAL TO: Monroe County Facilities Maintenance 300 Magnolia St. Key Largo, FL 33037 PROPOSAL FROM: (11,51 1 ), �"'bq[rwI The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Rebuild Theatrical Stage Deck at Murray E. Nelson Government Center— Auditorium, 102050 Overseas Hwy., Key Largo, FL 33037 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 avai]ability,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. l I Page 28 of 53 I I 4132 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, (Total Base ropsail. words) $ s4llovlo Dollars. (Total Base Proposal—numbers) I acknowledge Alternates as follows:N/A I acknowledge receipt of Addenda No,(s)or one No.—Dated------ No. Dated Page 29 of 53 4133 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 f'or Construction found at the link on the Monroe County web page: IR• 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: _ ailing Address: -- -S - Il/1 ............. Phone Number E.I.N.: �P 'M-7 0 441 Email: � ,f�1l�l��eQl�►U f Vr- I..� Coo Date: � w Signed: ' Nvyw ... Name Tit e Contractor's Witness signature: Witness name: (114 Vib Date: � In dq. The County accepts the above proposal; MONROE COUNTY, FLORIDA lr,�� ur Date: .. ............ By: Acting County Administrator or Designee mC N COUNTY AM ETS OFFICE � AS To a ) Page 30 of 53 "t is 4' rdAfC " YN3ro1Ey. ,. 4134 NON-COLLUSION AFFIDAVIT t -. .of the city . _.- accordagmto V� � rr��n and under e perjury, depose and say that "� penalty of er of the firm o the bidder making the Proposal for he project described in the Request for`r_'_ . and that I executed the saidproposaltw�.µ � ®with fuullll authority hority 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. Si r air of Prr I� � rvR. ua STATE OF �q COUNTY OF Subscribed and sworn to for affirmed) before me, by means ical presence or u ❑ on `rye notarization, on 4 " (date) by . --- - . ., 7 name of affiant). He/She is personally known to me or has produced . .. . . uw .�. (type of identification) as identification. NOTARY PUBLIC t�tetoryP Publto State of FIorIQ• r14ot Vivo r ANY 'orXIMISS106 My commission expires. M4 apt 1�I1ataae Page 31 of 53 4135 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS Clw.AUSF (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'. (Sii�atig N ) Date .. d0b) 4 STATE OF: COUNTY OF Subscribed and sworn to (o ffir ed) before me, by means of Cd physical presence or ❑ onlin ..,, tartan .. , . 20 ;. , (date) by ( narne of affiant) Ile/She is personally known(Type t�p a or has pro duc� as identification. T e of identification TARY PUBLIC My commission expires: � �� �� �w�r1�r"A rilet Siege of Florida SEAL i� vita EX , 41412026 Page 32 of 53 4136 DRUG-FREE WORKPLACE FORM ' ." f � itj� )� rfy certifies that: � t The uadersi et clrrf°in e d, ^v ft (Name of Business) I. 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 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 firm complies fully with the above requirements, r hWe STATE OF: COUNTY Subscribed and sworn to (1 f i �� re me, by means of ICy1we't: sica )f ee or O�Mfxline notarization, on e) by _�. �� Itz _. (date),, t,tfltCOt aff, r� I le, ,Sfie f rsonally known to me far u s prtri . ,�. f O yIII°bc o6°id rtt i to"f afion, F4o�oay public Stato of Fforide NOT AI I ,It:' Ariot Vila sOV O!nMI51Wn (SEAL) tf a» ertle Commission Ex dr4�� UI M} ppril--- Page 33 of 53 4137 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 subinit bids, proposals, or replies on leases of real property to a public entity,, may riot 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 ar'nount 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 aver ad the ov and state that neither t (Respondent's name) nor any Affiliate has been plaice on the convictep! vendor list within the last thirty-six (36) months, �tu_ (Sign tu Date: STATE OF: ri COUNTY OF "_ Subscribed and sworn to (or affirmed)before me, by rneVm of M/physical presence or a of ky) 0 onf�lne notarization, otj the a 20 (date), by (name of afflant) HVe is p sonji kno n to e or has produced (type of identification) as identification NOWY PAAWO$to$@ of Florida Misr Vila EXp, 41412026 LIC My Commission Expires: (SEAL) Page 34 of 53 4138 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Pro'ect Descri Lions ,_ Irk t Respondent Venr r Name Vendor FEIN Vendor's Authorized Reiarosentate�N are and Title: Address 1 �._.� Ci jState, Phone NaAbere _ 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, andlor 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 PetroleumTerrorism Sector 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 Authorized Si gnat ee referen d comp Print g onbehalfofthea above Darn TOW--- ., . Note:The List are available at the following Department of Management Services Site: Pagc 35 of 53 4139 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Natttc; �,y�b'f" �� � 1 �c 01 . Vendor's Authorized Reps � T' ti � f Representative: r, ' (10 Address: (Nar��e and Title) ��� I", �� ' City; ." I State 7 Zip; Phone Number: �,,- Email Address: �. v� �(�"��"�Ci � i, , ' �16 01( �4 _ 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: I. 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 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 same. C Certified By; .. .•n,;. Jii)Js.a tltodzcJ to sign on behalf of the above referenced company. Authorized Signatti cmm. v .. Print Namc" _� . Title: Page 36 of 53 4140 APPENDIX A 4 g*I-",R. DART 1 EKTIFI AT"ION RE AIr N ING I<..OBBYIIVG (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: t Nu i L�cl,.rol rq)p pop lki[( (I kInds hat L tvcn I)GiitI or wwIH t)k° IMiad. bQ 01-011 d,QII� I I[ Lilac Mt41!QP,oL.IQd. Io o-buua (,rP G��� (icu° illO QII,:iHl� 01' RnQtCHII�)ihP.! W i0lLICIlLC aul (4iicell of c:Inhlbn cc Qfl put N&IIl@%�I kW( 01Iw1u luuu0lC�i� u OfCIHI)IE)Cd :Oi'CkM 411Ci", ,u'al,I o�iP o1%LC oh IL^nlbv¢'LiPConprL' ,,, 01 e�uyuu o aw kt�r 117:� rtacQ�rclu�tiQ.�. oI, .I u% t ederul a c^irtrrm ihf.° nuakikl,,ro 0, ally Fckl,bd i1w C °,, p ��i�°u°�I u��,.aou upaw �lulg�o�oiroio. rnl�n aop�;iu�w ��7a����a,�rutui e �r.ra:a.�l��roRd. �uq�& lha� ��t�:olwoi�ou. G:a�ruk�uioiueuoyv,t, A•�.°ova°a�tob, ��o.srn�ir►pounuo�u.. �r� iuu���puLi�4uCi�blu e�u� douu� I`a�cPa°rt�l w�noolraeowu. =.��I�erutd hy,.re�o �91° Q'QroQpQQxo;.ut�v�° �hw�.r�a�ulta.uPt 2. II ;ln) p1o1uU, Ert9io o°olA<ua'u fl'�QR�wo°lull tnlrpaoaQp>u ianRa.afl puar�a@� N�tpw�°i�ti4^u� p7,licp a.ou �v iilV be p',6 p tan a ll% 1persorl R'm' iolAamICIIw4 tan 61I1LI01Q Q 311 41 011°Cualpllal�CC alp` ttM guts olcy'. to Ma:►W�,cu°Qrp ('a7n�^I° °s.,. LLaur ��I'Ifl��a aln ti:uyvuruEvo ua auh�. ��1. � �;. rir tnuI t unInkm ce arod Q 11,'IC; III u:oeana^c,6on this Il,Qdcrd d ►:onUad, i;nm�, lalan, or co(lp crMo the cdrucNcvsuLP) d Slhdll i:UI11111eI[e �Hld wa►NMit ta;�n<iw�►al p a�i,una..p,ll.i,. , 01sa°Naisuii%.., p arlm t►`7 Rep oo't II ohI1)Yh1gt in vkh ips iu'ustitd�ti�aauls 3. fhe undersigned shall rcctuirc lhnt the k1111.WHIC of this cerlit-muiuil be ineludcd in the tmard documents for all suhw,\arils at all tiers (inelLding subcontracts. sub-rants. and conu•aets 1111de1' ",milts. 10amS. alld c00peratiVe agreements) and that all suhrecipients shall cerlik rind disclose aecordingl\. Hiis certification is a material 1'epresc1ltati0n of[",et upon \\Rich reliance \\us placed \\hen this transaction \\as made or Cnlered intll. Snhmiss1011 Of tllis rertlheatlon is a pre1VLlt1lSl[C I'm' making or entering into this transitcllon imposed h\ section 1 152. title 31. U.S. Codc, If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code, Am person \\ho Nils to file the required statement shall he subject to a ci\it penalt% 01'1101 less than $10.000 a11d 110t ill ore than $100.000 for each such failure. The Contractor,,s certifies or affirms the truthfid less and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of31 U,S.C.Chap, 38,Administrative Remedies for False Claims nd Statements,a ply to this certification and disclosure, if any,. dig t r " 'twrl e . . Official r. Name and Title of Contractor's Authorized Official Date Page 37 of 53 4141 DISCLOSURE OF LOBBYING AC71VITIES ''I qiru,aId by 1"Qr,� Complele this(urm to di,s,d,up,e,iobbying activities pursuani W 31 U'I;C 1352 0�14&00116 ,00 wwv " o�ltu puWl�,iowdros 1, typo of Federal Action: StAtus 40 Federal Actlow 4,Ropwl Type: a-,onirad fiknq grani h 41ihaj a"Ovard b rnal.enM chwuge r: cooperahve agirepmel,M C pov oJwmd P or MaterW Change Only; d k an year-quwler .................. P Wn quaravoee gale and IaA rcuprrrrrl f kmn ifoslmance �4.Nafoo arid Addruss of Repoofty Enfity� 5�iffleponkig EnOty in No.4 is m Subawardee,E.nwe� Name. C3 PTrue �SuLwwwdix, and Address of Iodnie: Congressional Dlstrk(,iQxDwri. Si MQW-n 6.Federal Departrnenl/Agenc­y: 7.F-adeial Pro.gF8m NdmairDesciriplion: (J 0"", 11 Federal Action Number,ifknawn �9.Aram d Aimauui, 1 irrLullerr^� 5 �110.a,Name and Address of hobbying egWranw k, ndk�d� ud, e�fijrrii� vA;c9&prif; "Imv Ofi'o'', f m&viduat �ast oarrpe nv narrK�,,RM-L) �J,Pj'r ronf IromP No )0amj Sfl WW u;drnv M,') PoM NamL I telephone No Dam Federal Use Only: AuftsUed for L"Repoduefion 'HwdaW Faw(LAA�R" P 91) Page 38 of 53 4142 OF F-L!LJIIL.,,, DISCLOkIIIIIIIIIIIRF:, OF 1..,01UL1IN'T�IIIllldnnu; ACTIVITIES d'Ilk 1V11„do'lu t Ifruuuuu ImIlll flic Iomphdoul m ¢hl;: V1 Itulul�,�,�, Illiilh,,ohv uH IIII'llIN V,d'Irr'lll In I 1pIcliul,at V,Y ff IVV IaVIu, VV II IIY'L;Ipll of tY V lu",II:1 „fGr✓II"IId aCIOill '1 A III Iivil"II0 a III IIII._I,k;lu a pgptip'v IInIu h VVla_I', II I'IJI 5!.U117I' III iyff.' 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'11) 6u1 A I, lulu Rlll II )II Ism Page 39 of 53 4143 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 4144 The Monroe County board of County Commissioners, its employees and officials, at I100 Simonton Street., Rey West, Florida 33040, will be included.as"Additional Insured"on all policies, except for Workers' Compensation. Any deviations frank 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. 1 Page 41 of 53 4145 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(i�ii)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 kvrongful misconduct, errors, or other wrongful act or omission of Contractor or arty 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 (''ounty or any of its employees, agents„ contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 42 of 53 4146 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. Onited States MIJIar trrMp rrf Ilie�1'rcns,ur Iat ,de"Ini rlawt 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. 'If)t( bl " STALE A -KUI 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� PRO100.'l:l Signature , Page 43 of 53 4147 lN ,!jR)NN E A(;ag9E i" l i i N ` I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liabilit y policies are Occurrence ,m�,Claims Made In A_ .._ Insurance Agency _. .�,. ... enc i tire Page 44 of 53 4148 MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County Is Schedule of Insurance Requirements,be waived or modified orn 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: Irate:_.. 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 4149 �CERTIFICATE OF INSURANCE, DA NM NE A Y MATTER(w q1 9! TNT -0 .,. aONMRS NO � . WFICA Q8I04/26�&iM' _ _ I E NOT TEACOMMACT OMER WE MUtN O MtIRtRW A 8 EWATM OR R AM THE COMWATS HOLDER. THa OP m.... AtMI POLICIES MAY REQUIRE AN E.. .. ) "W.A ITATtwArOWT......CE 1S OM NOT CO" ar rD Ttrl .PRODUCER IN131NRERI81 A �7RDiNNiR COV13RNtNE Neighbors Insurance Agency,Inc. INSURER A. Mae Underwriters 7149 Wa1 FI SI Specialty Inwnnos Company Miami.FL 33144 INSURER 0: WA IMURRD INSURER C Precision Contractors of South,Florida INSURER D:..„. ... �, s..... „, .. ,.... 7761 SW 341h Twraoe Miami,FL 33155 INSURER E: WA a W E:RTO"W i41 i 81 F i .. NCC l w® tiR W N k T4'fair POLICY PERIOD INDICATED,NOMMISTANDINO ANY RIQUO*MEW.TP.RMI OR CONOITNON OF ANY C T OR OTHER ODCUMENT WITH RE CT TO WNICN""CFATIFICATU°MAY ISSUED OR MAY PFATAIN.T1NS INSURANCt AFFORDED OV THE POLECWS O SUBJECT TO ALL THE TOW,aKCW S AND CONDMflONS(W SUCH POLICES.LIMIF S S MAY"AVE SEEN R CM.D EiY PAID►C1A MS. ...... ... LI�"Y POLICY LIMIT9 _ R .�fTIfiRM A oFmERAL Lojam MI000901900990b ON2124 t 212tr GM' RAk.AOOREOATE 2,DW,000 PRODUCTBCOIYOPAOp. _..,__ 1.000,000� PEIISONPLe AOV..ZR..... .. w.ruRY i 11000,000 EACH ocaWiFIICE � � 1.0w.000 WMMAruWE PREM'RENTED TO Y04di 100,000 m MM EXPENSE(Any ar Plorw) 10.000 S PERSONAL L"WTV ccul ED SINGLE L11eT _.ICAL PAYMEN►&TO OTHERS.. .. C tElICE93 Ll491lITYsy EACH OCCURRENCE M- 90;P AOQREOATE WSW E PROPERTY BUSINESBINCOME��_��.� FORME _. .. .. .,_ LA- .._. ., ._.,....8 r..._ .. .__ _. ... .. NS CE IS NSSUM PUNRERtNN�G�f TN6l TNE�I�LORkDA SURPLUS�tIES 4,AW.!PERN;3INSUINED SVY SUNdGP1M1G I�NES CARRIERS 00 NOT NAVE THE PROwT'ECTM ME FLEA OUA�ACT'TOe TRH�T Of ANY RNQ"OF RECOV"y SR N'GATItNN OF AN INNIMVENNT UIN WENS4ED lNNI R9It SURPLUS LINES INSURERS'POLICY RATES AND FORM ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. ... .,,.�.. _. ... _. .. �s1P�pIw oP aPERAnONsr �tAt:TY tffiE1VtS -~ . ° g , RPLLI9S LlNE1S AIitB9NT 1MRONNtA CLAN CT" LICM01Mt1N 0 A2IN44a� 1METI I NwTTNERSDUsa ORNItE PO BOX 11040 CILEM1yATMDtt,ET DA 3N C'ERTIFWAT . E r .. ...__. MNDHEA""0M. cu 49O ..�,.. .... Mir EHOLDER tMasrd of WORN IM TMON OATS T OwK aE Mdo oM IMI0MIM01R 1100�1h"StgE .... _ �. .�.,.. ....... w... Key Woo,FL U TMt Y M O SITU 4150 CERTIFICATE OF LIABILITY INSURANCE °"OO THIS CEITfTFICATTE IB 15BUIED AS A(BATTER OF INFORMIXTTON ONLY AND CONFERS NO RIGHTS UPON THE C ATE HOLDER THIS CIFJTTIFICATE DOES MOT AFFOlW11NIELY OR NEOATMILY AM MD, EXTEND OR ALTER THE COVERAGE AFPOAM BY THE POLICIES BELOW. T"W CERT"WATE OF 0MRANCE DOLES NOT CONSTITUTE A CONTRACT"TWEEN THE 111151111110 MUIRER(S),AUTHORIZED RMESEWAVIIIE OR VTOUCKAMO TW CEPCITFICATE HOLDM IMPORTANT, P iS MIAII C* I holder to an AOOI IDHAL IF1SUAED,Me PWW*%,I Mulel llaelte ADOMON IN3WO Wo-it Wwm or bo subject to Vie bmw Mid awkwons of tfFil Policy,.CMWn may Fequlio an a OL A dsfemmi on We 000t8ft do"40 COITW tkhl*to tlwe t0flilicato holder In 1w 01 a uche, Q NEIG RO T.�W. a two EIGNRIORS INSURANCE AGENCY 7149 W Fhow Ell Ggrs -a no raanarwnddn�w. rr�n FL7 Wi,,. . . . 1NFNNTTY 11hiSUlRANCE Precision Cantra of South Florida 7761 SW 34TH TERmI FL 33I�" Cl CEFRTTFIC' TE HIIIWT HUTABEFt THIS IS TO CERTIFY THAW THE POLICIES OF INSURANCE LWED BELOW HAVE BEEN ISSUED TO THE 04URED NAMEO ABOVE FOR THE POLICY PERIOD. INDICATED, NOTWITNSTANOINU ANY REOWREMENT„TERM OR CONDITION OF ANY COMYRACT OR OTHER OOCUMEW Wry"RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN,THE INSURANCE AFFOR7IEO BY THE POLICIES DESCA18E0 IIETIEIN IS SUWKCT TO ALL THE TERMS, 'EIICLLIS10NIS AND CONDITIONS(W SUCH POLICIES i.IMTT3 SHOWN MAY HAVE.BEEN REDUCED BY PAYDCLAVWS, COMMENeuLL GENEW wsnnr CLAM MWE ❑OCCUR �AII�1CSiII - 1 aE.mccLUMIrAUgI �P vIaOIIaIr rs„e Iry AAMaw F 4+sN'l,awlloRlitlAIga uwlT APVLrEa vie IIHu„ Iaare H voucr 1WT [J LOC sCurU aeams 1 11i11`IiH1oeHlpt urMwIaIHY "� eaaLr euunY lvn au.eol 1k A "COOK Y o Y 001 0SWA4 111OW4 eoou.r RAMY I►,n a "41 H kwo Y �aIl0=I.'' I 1 Llo+e Ir, Irarr�;nrCE H M..axCawaawer �e H FAQ, T 1 y -. .�;g_— A TE. Ni4trrrl rOIIrFAATR,tRflIlwalawaaln�T T � yp��ry ..... .. .., et RACK AG,�fYt1M �. e. Aga u► t - I1NII,wn a aY t. T WAI FOLrCYallay "sc OF Ommm"I LOCAMN I YelacLU paa10 rel,AdNtlMr RMIWI�etlr•M,n4y M wenN a,nur Pew.h HARM) Monroe County Board of County Commiseianem Ia NdW as an Additional Insured eHaDt k*ANY Of TNti A&M OCUMM POW=BE CANCIEt,"BEFORE THE EXPIRATION DATE TNBRBOF, "Me e MIA BB I% MnnrOe County Board Of County Commissioners ACCOMMOR Yf N THE P0jCV pwM&WW 1100 Simonton St. AunlpaEoatAuatNtATtllo Key Wets FL 3XWO logo an reslatsred make 201'3 ACORD CORPdO1TATR .All00111e"wrvsd. ACORD 29(201BfA31 The ACORD narne and of ACORD 4151 JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT F,90 Vl FLO.91DA,J011.KEf1S'COMPEtJSATtON LAW•• CONSTRUCTION INDUSTRY EXEMPTION This cortiflcs that the Individual listed below has elccied to be exompt from Florida Workers'Compcnsatlon law. EFFECTIVE DATE: 9l2B/2024 EXPIRATION DATE: 9/29/2026 PERSON: JOSE R QAMEZ EMAIL: ARLIETVITA®AOL.COM FEIN: 823878447 BUSINESS NAME AND ADDRESS: PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. 7761 SW 34TH TER MIAMI,FL 33155 This certificate of election to be exempt Is NOT a license is$Ued by fho Department of f tliirt S Wit!Professional Regulation.To determine if the cedifloate holder is required to have a license to perform wort(or to verify the license of tf't oertifleete holder,go to www.myfloridalicenae.com. IMPORTAN r,PL114004 ha Sa 440,05(13)„F.'S.,An offlvw of m aeual 'attaaw who a►kvw �from ms chapef by MWO a wroocao,of OW00011 un dof thdra MKY rM NCOW WAOMO Of 001nPonsadmi under this dipiot Purugra al Ina Mj e1440,06(11),F$.,OwtiltC ahm of OWWni to bdr dbxMlmpt Mawd uwr dr a dour SI 1 y � Ids l d:ur r aaftk r r raa�rd dwrw tin a I> off i rn to l�u �arwlrl,Fur r rH Gu su1 fCua MV.f141 Q),FA,„mt m of wadda flrrh to bra utiA apt rid tC n�E dsN p��tdka tin ban aaaminl Shull pwu ae t Grw r �ruc t tw It„ l rwny N9 uflru the E Iru ref tl dw rurfPd or tfnu Lasustwo Of the aa�lritlll�aas�„the�rrb�a�darr tltra �tar carrNu3f�r rwu Naaa�aar rtxinruauaal��t tlrh��llnwna fur lu�awta�aat�drltflCal�a.nn�daaerfrrraarl n�ta�ti r+nwalC��dadrrsNeaalaa am Y time Pur iralCurtrw ear tfua n rldarrw�rodt twaw tlwu wtlllr�Ida resat ilia n�midnin�taa�anwbr ul t14�,�llaarr. DFS-F2-OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E01974913 QUESTIONS?(850)413-1609 RULE 69L4012,F.A.C.REVISED 01/2023 4152 ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Pagc 47 ol'53 4153 G.Ju"AB Approved"Aaw. II505..027 IE:vllrowallon Daatt P 0030f"02U US Q.EPwAIGGTINIFCG"V`G.F" HFP :'lWV?,AMJR f.aWknPlwd;W,NAW,S,ST'AF'h°.ANG711.G CA,11 G^�""'AII RIl",:O'wll°,IR1! 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'o r, (Y i� u61rlr inNw„^n rm;na: v rl.e11i.wnlu1 111 11 if,qt f ur,.ril( N jnl.1 PSI a;trtil,.th ui s;1'i1 td�rn�re c^ tIa=w r w t'dr;pl ass to rairr,l �vri�t I ri ia, u I},I lu,rl 1, 0 1 Page 48 of 53 4154 I-S [Ad"Alk AIENT OV1 JHI: IREAM"I'U, ANI I i1�I I'I Ii llnd"�IIIVI r 4,i1nd-lp"e�i n a 1 ' I ,,'miaif d rm'v; '�O H fa lRa%(.i ind�'(110(c)o[a)v I 15Icw I�1�Ao�I fih'�' Ia�t I lifx. 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PROPOSAL FOR THE MURRAY E. NELSON GOVERNMENT CENTER- AUDITORIUM 102050 OVERSEAS HWY., KEY LARGO, FL 33037 REBUILD THEATRICAL STAGE DECK 4160 el NN VN� A .. SD �s w PRECISION CONTRACTORS 786-759-3555 October 30th, 2024 Murray E Nelson Government Center 102050 Overseas Highway Key Largo, FL 33037 ATT: Kevin Dillon RE:Rebuild theatrical stage deck 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$24,700.00 This project is proposed to be constructed and reach substantial completion within 10 days from the date we receive the deposit to proceed. Scope of work: • Isolated area to be worked on with caution tape • Disassemble and dispose of damaged deck Replace damaged 2"A"structure as needed • Install plywood deck • Install soundproofing as needed • Install new Masonite board • Pint flat black as specified • Leave area clean and debris free * Note: This price is good for 30 days due to material availability and daily price increases. Precison Contractors of South Florida,Inc. 1 Phone:786-759-3555 Email kd*.I:trreerr9saa�rrou,trocdN..atrl;r 4161 PAYMENT SCHEDULE: Balance: $24,700.00 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.4fn��a�" t�,tirorrrttGd��R,ta�gE,d ail 4162 Precison Contractors of South Florida,Inc. 3 Phone:786-759-3555 Email l,_,r3nici(�F�r ,cisiunconti�cic{r5N .;drna:q 4163 ATTACHMENT C ADDITIONAL BID REQUESTS LIMBE EL CARPINTERO 4164 Torra-Nestor From: Torra-Nestor Sent: Tuesday,October 29,2024 9:15 AM To: 'limbeelcarpintero@gmail.com' Cc: Dillon-Kevin Subject: RE:New Estimate for Rebuilding stage at Murray Nelson Government Center Good Morning! I am following up on the new invoice dated currently for the work Rebuilding stage at Murray Nelson Government Center. Please forward the estimate as soon as possible. Thank you so much for your help with this. Nestor Torra Executive Assistant Monroe County Public Works,Upper Keys Facilities Maintenance 300 Magnolia Street Key Largo,F133037 305.852.7L17(Office Telephone) 305.451.1746(Office Fax) Courier Stop#31 1 r9_-N 1tQ IL,Q rg mt.ount .-ttmy ,r PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From:Torra-Nestor Sent: Friday,October 25,2024 11:18 AM To: limbeelcarpintero@gmail.com Cc: Dillon-Kevin<D!Ilon-Kevin@MonroeCounty-Fl.gov�', Subject: New Estimate for Rebuilding stage at Murray Nelson Government Center I hope this message finds you well. I am reaching out to request a new estimate for the RFS for the Rebuilding stage at the Murray Nelson Government Center. The commencement date for this project is set for Tuesday, November 12, 2024,with a critical completion deadline of Friday, November 28,2024. Your prompt attention to this matter would be greatly appreciated. please forward the estimate to my email Torras t s: mggLs qp ity,C1.:!gy. Thank you so much for your help with this. 1 4165 Nestor Torra Executive Assistant Monroe County Public Works,Upper Keys Facilities Maintenance 300 Magnolia Street Key Largo,F133037 305.852,7u7(Office Telephone) 305.451.1746(Office Fax) Courier Stop#31 pwrr a 1s°fir wrpma �awlttr)ww „Y PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 2 4166 Failure to provide COL Auto Failure to provide Worker Comp I ` i e lQuote Quote#: 10654 Carpintero Invoice date: Agu.26-2024 Job: Building AdminLgtration 15020 SW 178tr, Bid to: Monroe County Fl Miami F1,33187 Addreee: 300 magnolia st P:786-234-3333 Key Largo FL 33037 Phone: 305-853.7432 fimbeeleapinteeo@ggnad.com Fax: NA Floor Removal Stage Wood Floor Stage Wood Floor and Replacement Replacement,3 layers 81 Replacement, 819,400.00 off Plywood floor 27ps.Per layers ......_ ..-..._ ._ m ._.._ _---.-_..----. ._ TOTAL $19,400.00 Note: Note Any Extra Material All Garbage,and material Ecced$250.00 Or Disposal will be Replacrment After Adrr umtrationfOwners opening the floor will Responsibility. be subject to extra charge, Please make all checks payable to Limbe El Carpintera. Total due in 30 days.Overdue accounts subject to a service charge of 1 5%per month. Limbeelcarpintero ,cam 4167 ATTACHMENT D ADDITIONAL BID REQUESTS PUELLO CARPENTRY 4168 Torra-Nestor From: Torra-Nestor Sent: Tuesday,October 29, 2024 9:15 AM To: robertopuellow@outlook.com' Cc: Dillon-Kevin Subject: RE:New Estimate for Rebuilding stage at Murray Nelson Government Center Good Morning! I am following up on the new invoice dated currently for the work Rebuilding stage at Murray Nelson Government Center. Please forward the estimate as soon as possible. Thank you so much for your help with this. Nestor Torra Executive Assistant Monroe County Public Works,Upper Keys Facilities Maintenance 300 Magnolia Street Key Largo,F133037 305.852.7117(Office Telephone) 305.451.1746(Office Fax) Courier Stop#31 N crra-ittp! rrtrrrsfpiw�r y-)I.ggy PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST, YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. From:Torra-Nestor Sent: Friday,October 25,202411:22 AM To:robertopuellow@outlook.com Cc:Dillon-Kevin<Dillon-Kevin@MonroeCounty-Fl.gov> Subject: New Estimate for Rebuilding stage at Murray Nelson Government Center I hope this message finds you well. I am reaching out to request a new estimate for the RFS for the Rebuilding stage at the Murray Nelson Government Center. The commencement date for this project is set for Tuesday, November 12, 2024,with a critical completion deadline of Friday„ November 28, 2024. Your prompt attention to this matter would be greatly appreciated, Please forward the estimate to my email Ti r r4,Ngs! r cr11n l s ag mm gc , Thank you so much for your help with this. E. 4169 Nestor Torra Executive Assistant Monroe County Public Works,Upper Keys Facilities Maintenance 300 Magnolia Street Key Largo,F133037 305.852.7117(Office Telephone) 305.451.1746(Office Fax) Courier Stop#31 0 PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BR SUBJECT TO PUBLIC DISCLOSURE. 2 4170 Failure to provide COL Auto J � � �lr �IIIII P�I s i � 121224 t zr�rrrar t ou;nlyr �' PuhMc Works 1 Auditorium Steps 09/02/2024 Remove old and replace new $22.500.00 Change 27 Top panels Change 54 Bottom Panels $0.00 I $0.00' $22,500.00 WOO - $22,500,00 i $22,50b.00 4171 ATTACHMENT E 2024 FLORIDA PROFIT CORPORATION ANNUAL REPORT FOR: PRECISION CONTRACTORS OF SOUTH FLORIDA 4172 2M-FLORIDA P-RQEIT.QQRP_O.RATLQt.i ANXIMI-REPORT FILED DOCUMENT#P17000101249 Mar 06, 2024 Entity Name:PRECISION CONTRACTORS OF SOUTH FLORIDA, INC, Secretary of State Current Principal Place of Business: 5587541758CC 7761 SW 34TH TER MIAMI, FL 33155 Current Mailing Address:. 7761 SW 34TH TER MIAMI, FL 33155 US FEI Number:82-3876447 Certificate of Status Desired: No Name and Address of Current Registered Agent: GAMEZ,JOSE R 7761 SW 34TH TER MIAMI,FL 33155 US The above nomad entity submits this statement for the purpose of Changing its registered olflce or registered agent,or both,In the Slate or Frorfda. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail: Title P Title OFFICER Name GAMEZ,JOSE R Name GONZALEZ,ALEX J. Address 7761 SW 34 TER Address 7761 SW 34TH TER Clty-State-Zip: MIAMI FL 33155 City-State-Zlp: MIAMI,FL 33155 FL 33155 it Vsy w Y p P a fhr o-r f a Per fIJa 00 pi Wrr 0 1 WIAMP,ifrvi rmpi^tl wh 111 Ill1 w a b a rP''rr r(i ll Illy •hl a,r& y➢ul, M IYw11 ri Y 1 0 ll I I P, it u✓r fir rJ 'dJ r a Hy',w4 WKI »t rirr a^sro W nrm r;:Wl I'M�,��I'1 0, ri�a u �r,n„tusdrrvnrd r �(7�Y�,.0W j�) ^s P.,'6h11 r M N �sury n 0 r n nor,r I.�rpiur,arry -r vl,u�.o u,N11V rd �1 I F 0 .µ+4u tltt'w¢id 1,pRE JOSE R GAPilIE.iV" PRES DEN T Electronic Signature of Signing 061cerlDlrector Detail Date 4173 9/23/24,11:21 AM Detail by Entity Name DIVISION OF CURNORATIONS r I 8 M 1 r I rI Detail by Entity Name Florida Profit Corporation PRECISION CONTRACTORS OF SOUTH FLORIDA. INC, EWng Information Document Number P1 70001 01 249 FEI/EIN Number 82-3876447 Date Filed 12/28/2017 Effective Date 12/27/2017 State FL Status ACTIVE Principal Address 7761 SW 34TH TER MIAMI,FL 33155 Changed:04/25/2019 Mailm9 Address 7761 SW 34TH TER MIAMI,FL 33155 Changed:04/25/2019 S@gistered 9 ._$sA GAMEZ,JOSE R 7761 SW 34TH TER MIAMI, FL 33155 Address Changed:04/25/2019 OfflcedDlrector Detail Name&Address Title P GAMEZ,JOSE R 7761 SW 34 TER MIAMI, FL 33155 Title OFFICER hints;/lsearch.aun z orgidngtliryf cr aretlan8earch/SearchResu liootall'/triquir,/ty9 = r7ttty Name&dlrecl(an Tyl =loit4l&sesrChNameO,rtietAPRE0i81o ., 112 4174 9/23124,11:21 AM Detall by Entity Name Gonzalez,Alex J. 7761 SW 34th Tor Miami,FL 33165.FL 33155 Annual R 12o Report Year Filed Date 2022 01/3112022 2023 02/28/2023 2024 03/06/2024 Document Im ga& QUQQQ?+:n,ANNUAL REP981 View image in PDF formal Q1Q ,,ANN VAUEVORT View Image in PDF format 9M 1%7,024 MAW mage in Pr3F Wri W. Qiav you=ANNQAU.j9�f= Mow damage In PIN fonnst q2fQ1RQ91_--ANNMLjj(,VQHj Memo vrage in PIDIF farimm 0,110400z: VAN hage in lP DF format View Image in P"DF funnat View Image In POF rormal View image In PDF Formak 4175 ATTACHMENT F FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION PRECISION CONTRACTORS OF SOUTH FLORIDA 4176 �q# i ? O C d j W i u O Z J �a LA v Q m Z C cu r v cc E v Lli O ? a" Y v co r1 W u LU LL Wuj JAllLL IL UJ QLU r CJ tp _ uj'1►yl" � � a D li r�� s M " ' u 1 i o9. Yi 'ZI f LLLi .7 „ OLU o� H v~1 w O Q °�' W 0 = a ~ °, v Q 0 a W a 4177 ATTACHMENT H LOCAL BUSINESS TAX RECEIPT PRECISION CONTRACTORS OF SOUTH FLORIDA 4178 Local iness Tax Receipt Mi/If11i,wDode County, State of Florida --TNI,9l,:�NOT I�u..l_—oca NOT PAY RECEIPT NO. LBT RENEWAL BUSINESS NAME/LOCATION 7632735 EXPIRES PRECISION CONTRACTORS OF SOUTH FLORIDA INC SEPTEMBER 30, 2025 7761 SW 34TH TER Must be displayed at place of business MIAMI,FL 33155-3523 Pursuant to County Code Chapter BA-Art.9&10 OWNER one'TVPE Of BUSI'NGS4 PRECISION CONTRACTORS OF 196 GENERAL BUILDING By TAX COLLECTOR SOUTH FLORIDA INC CONTRACTOR ,,I,t AI FX.I r0(^1N7A1 F7(111AI IFIFR 75.00 08/29/2024 yh!tgrkar(a) 1 CGC1531876 INT•24-474092 This Local Budnoso Tam EsCHpt only conflrote psymnal of lho Looel Business Tog.The fl'erotpl Is not a license, porml6 are cerllfloallan of the hsldoes q4jefifle4limlso to do liuelnese,Holder moot ovovply whh now Severnmemol or nanycvernmonlal roasfelery laws and requlremams which apply in the hoeing". The RECEIPT NO.above must he displayed on all commercial vshielas-Mloml-Olds Cods Sec 6e-276. 'nrrb For mom Information,von lttWw pllaYlldado.aovRaMaaOaalar. m 4179 ATTACHMENT I Memorandum **Subject:** Candidates' Disqualification for Bidding 4180 **Memorandum** **Subject: ** Candidates' Disqualification for Bidding I would like to clarify why the other candidates Puello Carpentry and Limbe El Carpintero did not qualify for the bidding process. The disqualification was primarily due to two key factors: 1. **Failure to Meet Deadline: ** Several candidates submitted their bids past the established deadline, which rendered their proposals ineligible for consideration. 2. **Lack of Insurance Documents: ** Some candidates did not provide the necessary insurance documentation for their bids, failing to meet the stipulated participation criteria. These factors ensured that Precision Contractors was the only candidate who complied with all requirements and was considered for the bidding process. They were also chosen because they were the only ones who could meet the time frame within which this project needed to be completed. William DeSantis 131Nm:MdFMH1 1akr4'0.G4r;Nm' William DeSantis Director - Facilities Maintenance 4181 1,411� 111w tl w W 111w 11:wl 0114 I S PS II i�� S —111 I P.ilw I�/ 'S 1� —'() a ilw"u' 1114 II I'All.U., ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Curtis Kruer Contract# Effective Date: Date of Signing Expiration Date: 3 months from date of signing Contract Purpose/Description: To have Curtis Kruer perform professional consulting services for the organization, curation, digitization, and delivery of the history and documentation of the Florida Keys Artificial Reef Association to the Monroe County Artificial Reefs Program in both digital and hard copy formats. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Hanna Koch 786-847-5443 Artificial Reefs/Stop #11 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 11,500 Current Year Portion: $ 11,500 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the;omq o,a:eR hfly ,e o,ro,d,k c "nN00,00 00 or hess) Budgeted?Yes 2 No ❑ Grant: $ 11,500 County Match: $ 0 Fund: Grant 23132/Cost Center: 62656/Spend Category: 530310:SC 00036 Fund/Cost Center/Spend Category. — ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑ NO ❑ CONTRACT REVIEW Reviewer`, �i� 10/24/2024 Department Head Dr. Hanna Koch Signature: yy /� County Attorney Signature: 10/24/24 Risk Management Signature: . . ' 11/1/2024 Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2024.11.04 14:09:59-05'00' John Quinn Digitally signed by John Quinn OMB Signature: Date.2024.11.46 10:41:30-05'00' Comments: Revised BOCC 4/19/2023 i e 'a.sc 4i d P i 2(,P2, 89 1 F" "� 4182 AGREEMENT FOR Professional Consulting Services This Agreement ("Agreement") made and entered into this day of NOVember 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 "OWNER" or "COUNTY," through the Monroe County Board of County Commissioners (`BOCC"), AND Mr. Curtis Kruer, Consulting Biologist,whose address is P.O. Box 753, Sheridan, MT 59749, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, the COUNTY desires to have the CONSULTANT perform professional consulting services for the organization, curation, digitization, and delivery of the history and documentation of the Florida Keys Artificial Reef Association (FKARA) from approximately 1981 to 1994 to the Monroe County Artificial Reef Program in both digital and hard copy formats. 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: 1. REPRESENTATIONS AND WARRANTIES.This Agreement shall be deemed effective upon full execution by the parties hereto. By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: a. 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. b. 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, and specifically to the required specifications of the Monroe County Clerk and Comptroller, therefore eliminating any additional cost due to missing or incorrect information. c. The CONSULTANT assumes full responsibility to the extent allowed by law with regard to his performance and those directly under his employ. 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 of 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 of Monroe County. d. 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 1 4183 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 COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. e. 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. 2. SCOPE OF BASIC SERVICES. a. 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" — Proposal for Funding, in accordance with the requirements outlined in this Agreement. In the event of a conflict between 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. b. 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. 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: For County: Dr. Hanna Koch Director of Artificial Reefs Monroe County 2798 Overseas Highway, Suite 400 Marathon, FL 33050 And: Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 12`h Street, Suite 408 Key West, Florida 33040 For the Consultant: Curtis Kruer, Consulting Biologist P.O. Box 753 Sheridan, MT 59749 2 4184 4. ADDITIONAL SERVICES. a. 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. b. 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. 5. COUNTY RESPONSIBILITIES. a. 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. b. 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. c. 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. d. 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. e. The COUNTY shall provide copies of necessary documents required to complete the work. f. Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. 6. 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 Curtis Kruer Consulting Biologist (If left blank, it shall signify that no other personnel are assigned hereunder.) 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. 7. PAYMENT SUM. 3 4185 a. The COUNTY shall pay the CONSULTANT in current funds for the performance of this Agreement by the CONSULTANT a sum not-to-exceed Eleven Thousand, Five Hundred and 00/100 Dollars($11,500.00).CONSULTANT agrees to perform the work hereunder described at the pricing listed in "Attachment A" —Proposal for Funding. b. For his assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid upon submission of appropriate invoicing,drawn down from a not-to-exceed total of Eleven Thousand, Five Hundred and 00/100 Dollars ($11,500.00), which shall be within three months of the signing and execution of this Agreement. Payment will be made pursuant to the Local Government Prompt Payment Act (Chapter 218, Part VII, Florida Statutes). c. 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. d. As a condition precedent for any payment due under this Agreement, the CONSULTANT must submit an invoice that is accompanied by such documentation or data in support of expenses for which payment is sought consistent with "Attachment A" — Proposal for Funding. Such invoices must be acceptable to the Clerk and Comptroller of Monroe County, Florida ("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. 8. COUNTY BUDGET. a. 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. b. 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. 9. INSURANCE REQUIREMENTS. Contractor shall obtain and maintain at its own expense insurance coverages as deemed appropriate and required by the Monroe County Risk Manager, or designee, throughout the term of the Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired, amended, and annually during the term of this Agreement. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days'written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County,its officials,employees,agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, 4 4186 FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. INDEMNIFICATION & HOLD HARMLESS. a. The parties agree that one percent (1%) of the total compensation paid to Contractor for the work or services under this Agreement constitutes specific consideration to Contractor for the indemnification to be provided under the Agreement. 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 any claims,actions or causes of action,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 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). b. In the event that the completion of the service (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. C. Nothing contained herein is intended, nor may it be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time;nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the County, any sums due Contractor under this Agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the County. 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. 11. MISCELLANEOUS. a. 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. b. Ownership of 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. 5 4187 c. Assignment and Subcontracting. 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. d. Termination. 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.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. i. 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. ii. 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. Contract Documents. This contract consists of this Agreement, the attachment hereto and any modifications made after execution by written amendment. In the 6 4188 event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. f. Claims for State or Federal Aid/Grants. 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. g. Discriminatory Vendor List. CONSULTANT hereby acknowledges its continuous duty to disclose to the County if the CONSULTANT or any of its affiliates,as defined by Section 287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor List.Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list 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 CONSULTANT, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity." h. Prohibition on Conflict of Interest, Gratuities, Kickbacks, and Collusion. 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 herein in awarding the contract for this service. i. Conflict of Interest. CONSULTANT covenants that it presently has no interest and will not acquire any interest that would conflict in any manner or degree with the performance of services required.Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself. ii. Gratuities. CONSULTANT hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity, favor, or anything of monetary value in connection with any decision, approval, disapproval, recommendation, preparation of any part of the award of this contract. ill. Kickbacks. CONSULTANT certifies that it has not given payment, gratuity, or offer of employment to be made by or on behalf of a Sub-contractor under a contract to CONSULTANT or higher tier sub-contractor or any person associated therewith,as an inducement of the award of a subcontract or order. iv. Non-Collusion Statement. By signing this Agreement, CONSULTANT certifies under penalty of perjury that the price proposed by CONSULTANT was arrived at independently without collusion, consultation, or communication for the purpose of restricting competition;and no attempt has been made to induce another person or entity to submit a proposal, or not submit,for the purpose of restricting competition in the award of this contract. v. Contract Clause. The prohibitions on conflict of interest,gratuities, kickbacks, and collusion prescribed in this paragraph must be conspicuously set forth in every contract and subcontract and solicitation initiated by CONSULTANT in its performance of this Agreement. i. Ethics Clause pursuant to Monroe County Ordinance No. 010-1990. By signing this Agreement, the CONSULTANT 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 2-149, Monroe County Code of Ordinances, or any County officer or employee in violation of Section 2-150, Monroe County Code of 7 4189 Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. j. Monroe County's Suspended Vendor List and False Claims Laws.The eligibility of persons to enter into a contract may be suspended pursuant to Sec. 2-347(1) of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work (e.g. as a subcontractor) pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the CONSULTANT beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity. In addition, the County reserves all rights available to recuperate 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, pursuant to Section 2-721 et seq. of the Monroe County Code. k. Prompt Disclosure of Litigation, Investigations,Arbitration, or Administrative Proceedings. Throughout the term of this Agreement, the CONSULTANT has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relating to or affecting CONSULTANT's ability to perform under this Agreement. If the existence of such causes the County concern that the CONSULTANT's ability or willingness to perform the Agreement is jeopardized, the CONSULTANT may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. 1. Choice of Law and Venue. The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida,and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida, or United States Bankruptcy Court for the Southern District of Florida,whenever applicable. m. WAIVER OF JURY TRIAL & MANDATORY PRE-SUIT MEDIATION BY ENTERING INTO THIS CONTRACT, EACH OF CONSULTANT AND THE COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE TO A TRIAL BY JURY RELATED TO THIS CONTRACT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL WILL BE LIABLE FOR THE REASONABLE ATTORNEY'S FEES AND COSTS OF THE OTHER PARTY CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS MUST BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 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 8 4190 SUBMITTED TO MEDIATION PRIOR TO THE INSTITUTION OF ANY OTHER ADMINISTRATIVE OR LEGAL PROCEEDING. 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. n. Attorney's Fees and Costs. County and 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, court costs, investigative, and out-of- pocket expenses, as an award against the non-prevailing party,at all levels of the court system, including in appellate proceedings. o. Public Records. County is a public agency subject to Chapter 119, Florida Statutes, as amended from time to time. To the extent CONSULTANT is a CONSULTANT acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, CONSULTANT must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, CONSULTANT agrees to: i. Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. ii. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. ill. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONSULTANT does not transfer the records to the County. iv. Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the CONSULTANT or keep and maintain public records required by the County to perform the services. If the CONSULTANT transfers all public records to the County upon completion of the services, the CONSULTANT must destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the services, the CONSULTANT must 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 public records, in a format that is compatible with the information technology systems of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT PHONE NO. 305-292-3470, BRADLEY-BRIAN@MONROECOUNTY- 9 4191 FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. If CONSULTANT does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. p. Uncontrollable Circumstances ("Force Majeure"). As used herein, "Force Majeure" means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of "Force Majeure" include, but are not limited to, acts of God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the "Notice" provisions of this Agreement, must be sent by the non-performing party describing the circumstances constituting force majeure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by CONSULTANT pursuant to this paragraph will be made not more than Seventy-two (72) hours after the commencement of the delay. Otherwise, it shall be waived. The CONSULTANT shall immediately report the termination of the cause for the delay within seventy-two (72) hours after such termination. The County reserves its right to challenge the invocation by the CONSULTANT within five (5) calendar days of receipt of said notice,in such case uninterrupted performance in required. However, in the event the invocation is accepted by the County, the CONSULTANT must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the CONSULTANT's performance requirements under this Agreement. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement. q. Public Entity Crimes Statement. Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, CONSULTANT hereby certifies that neither it nor its affiliate(s) have been placed on the convicted vendor list following a conviction for a public entity crime. If placed on that list, CONSULTANT agrees: to immediately notify the County and is prohibited from providing any goods or services to a public entity; it may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; it may not submit bids on leases of real property to a public entity; it may not be awarded or perform work as a CONSULTANT, supplier, sub CONSULTANT, or consultant under a contract with any public entity; and, it may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category TWO ($35,000), as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. r. Foreign Gifts and Contracts.The CONSULTANT must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b), Florida Statutes: "In addition to any fine assessed under [� 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per�14.202, Florida Statutes] for good cause." 10 4192 s. Scrutinized Companies and Countries of Concern per Sections 287.135,215.473, &287.138, Florida Statutes. CONSULTANT hereby certifies that it: a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel;b) has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c) has not been engaged in business operations in Cuba or Syria. If County determines that CONSULTANT has falsely certified facts under this paragraph,or if CONSULTANT is found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes,as amended.The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes,as amended. Beginning January 1, 2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as:People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro,or the Syrian Arab Republic,unless the CONSULTANT provides the County with an affidavit signed by an authorized representative of the CONSULTANT,under penalty of perjury,attesting that the CONSULTANT does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the CONSULTANT provides the County with an affidavit signed by an authorized representative of the CONSULTANT, under penalty of perjury, attesting that the CONSULTANT does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. t. Noncoercive Conduct for Labor or Services. As a nongovernmental entity submitting a proposal,executing,renewing,or extending a contract with a government entity, CONSULTANT is required to provide an affidavit under penalty of perjury attesting that CONSULTANT does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of CONSULTANT, I certify under penalties of perjury that CONSULTANT does not use coercion for labor or services as prohibited by Section 787.06. Additionally, CONSULTANT has reviewed Section 787.06, Florida Statutes,and agrees to abide by same. u. Nondiscrimination Covenant. The CONSULTANT and County agree that there wll be no discrimination agan itii i ii i i , s 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. CONSULTANT 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 11 4193 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) Tide 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) The Pregnant Workers Fairness Act (PWFA) pursuant to 42 U.S.C. 2000gg et seq.;and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. v. E-Verify Requirements. Effective January 1, 2021, both public and private employers, including CONSULTANT must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. CONSULTANT acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility o£ i. All persons employed by CONSULTANT to perform employment duties within Florida during the term of the contract;and ii. All persons (including subvendors/sub consultants/subcontractors) assigned by CONSULTANT to perform work pursuant to the contract with the County. The CONSULTANT acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement, the CONSULTANT becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E- Verify System to verify the work authorization status of all newly hired employees,and requiring all subcontractors to provide an affidavit to CONSULTANT attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. CONSULTANT agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended, and CONSULTANT may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. CONSULTANT will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Upon executing this Agreement, CONSULTANT will provide proof of enrollment in E-verify to the County. w. Prohibited Telecommunications Equipment. CONSULTANT represents and certifies that it and its applicable subcontractors do not and will not use any equipment, system, or service that uses covered telecommunications equipment or services as a 12 4194 substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR �� 52.204-24 through 52.204-26. By executing this Agreement, CONSULTANT represents and certifies that CONSULTANT and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work performed for the County for the entire duration of this Agreement. If CONSULTANT is notified of any use or provisions of such covered telecommunications equipment, system, or services by a subcontractor at any tier or by any other source, CONSULTANT must promptly report the information in 40 CFR � 52.204-25(d)(2) to County. x. Antitrust Violations; Denial or Revocation under Section 287.137, Florida Statutes. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal,or reply on new leases of real property to a public entity;may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, CONSULTANT certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.137, Florida Statutes, as amended. y. Merger; Amendment; Interpretation; Joint Preparation. This Agreement constitutes the entire Agreement between the CONSULTANT and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and authorized designees of the County. The tides and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. z. Severability; Waiver of Provisions. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. aa. Signatory Authority; Counterparts and Multiple Originals. Upon request, the CONSULTANT must provide the County with copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement. This Agreement may be executed in multiple originals, and may be 13 4195 executed in counterparts,each of which is hereby deemed to be an original,but all of which,taken together,constitutes one and the same agreement. IN WITNESS WHEREOF,County,signing through its authorized Department Director,and CONSULTANT,through its authorized representative,have executed this Agreement as of the date appearing next to their signatures. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; By: Christine Hurley,County Administrator Date Approved as to legal form&sufficiency: Digitally signed by Eve M.Lewis Eve M. Lewis Date:2024.10.23 12:46:37-04'00' Eve M. Lewis,Assistant County Attorney Date CONSULTANT: Curtis Kruer(an individual) Signature Date G�rjz,--T s / ei:'C Print Name STATE OF COUNTY OF j j 1 CZ C1%,SN-) The foregoing instrument was sworn to / affirmed and acknowledged before me by means of hysical presence or ❑ online notarization, this F'day of O' l3 k,'- 20 1/, by -'L,4i Li rZ- in his individual capacity. ' Ie he is personally known to me/or has produced (type of identification) as identification. j f 1 JENNIFER BURL Signaturd of Notary Public oT NOTARY PUBLIC for the State of Montana Jo—I V1 i 4 o` SEAL Residing at Sheridan,Montana (Print&Stamp-Notary Public) My Commission Expires July 11,2026 14 4196 Proposal for Funding Submitted to: Dr. Hanna Koch Director of Artificial Reefs Monroe County Board of County Commissioners Marathon, FL Submitted by: Curtis Kruer Consulting Biologist P.O. Box 753 Sheridan, MT 59749 ... .:.........ii veers.ir"net P`'�..�.i.`....&�..... u"...................................................... Date Submitted: May 17, 2024, revised May 30, 3024, revised August 27, 2024 Funding Request: $11,500.00 Project Objective: To organize, curate, digitize, and deliver the history of the Florida Keys Artificial Reef Association (FKARA)to the Monroe County Artificial Reef Program in both digital and hard copy formats. Scope of Work: The history of the FKARA dates to about 1981, and I was president of the organization through much of the 1980s and into the early 1990s. In addition to overseeing much of the on-the-water work, I also had responsibility for permitting (while employed by the Army Corps of Engineers), mapping, documenting results, and photography (underwater, surface, and aerial). A major focus of the FKARA's efforts was using the large amount of suitable concrete and steel that resulted from demolition of part or all of various bridges during the Florida Keys Bridge Replacement Project that took place during this time frame. In addition, a grant from NOAA's Marine Fisheries Initiative program (MARFIN)funded the construction, placement monitoring, and reporting on a series of fabricated structures placed offshore from Big Pine Key in the early 1990s (Kruer and Causey 1992, Kruer 1990, Kruer 1993).This collection of documentation and photography, as well as extensive documentation of the collaboration, coordination, and review among agencies and user groups has been maintained and kept together since the dissolution of FKARA in the mid-1990s.The proposed project will organize, curate, digitize, and deliver all relevant and useful material to the Monroe County Artificial Reef Program. Monroe County's current interest in this historical information (some bridge rubble sites are now over 40 years old) is related mainly to learning the results of the use of bridge rubble and fabricated structures to construct numerous patch reefs at various Keys locations (Islamorada to Key West) as the County pursues new targeted construction of habitat support structures in the 1 4197 Keys. Considerable work sinking large vessels and barges in the Keys was carried out during the same time frame with my involvement and that of FKARA. Vessels sunk in the Keys with my and FKARA's involvement include the Bibb and Duane off Key Largo, the Eagle off Islamorada, the Cayman Salvage Master and Curb off Key West and other smaller vessels and barges. The Florida Keys National Marine Sanctuary(FKNMS) recently has expressed an interest in obtaining more information and photography on the various vessels sunk from Key Largo to Key West as well as on the bridge rubble sites (M. Lawrence, FKNMS, pers. comm. 2023). As well, the Florida Fish and Wildlife Conservation Commission (FWCC) has said they would like to update their statewide artificial reef database with this historical data once it's passed along to the County (K. Mille, FWCC pers. comm., 2023). The scope of this proposal is to include in the deliverables to Monroe County all available aspects of the Keys artificial reef work that FKARA and I conducted from about 1981-1994. In addition, a general accounting of the history and time frame of other intentional artificial reef deployments in the Keys will be included along with a discussion of relevant laws and regulations that apply to the current construction of artificial reefs in the Keys. Deliverables: The materials described above will be organized and archived with a site specific focus on the approximate 13 individual sites permitted and worked on by the FKARA. Each site will include a historical analysis (see below for an example of information to be provided), permits, description of materials and amounts placed, along with any reports and maps, photography, and monitoring data (fish and invertebrates). Most or all of the Keys sites have been previously mapped by the FWCC and can be found at rnti;;ti;; s: rm .irmaas.au lis. oirm a s Vlie liindex.lrntn 5d .1?a lid::::::4675ei..dlra32ac43a9a4308e7579 6 i..7d). A review of the accuracy and completeness of information for Keys artificial reefs sites in the FWCC database with be conducted using information in hand. Example Historical Analysis: 1. Deployment ID (FWCC code) 2. Reef Name 4. Source of materials and #of patch reefs 5. Tons of material 6. Relief(ft) at time of construction 7. Depth (ft) 8. Jurisdiction 9. Latitude 10. Longitude 11. Location accuracy 12. Deploy date 13. Description 14. Permit information 15. Purpose of deployment/artificial reef 16. Who organized deployment (program manager)? 17. Who conducted deployment (contractor)? 18 Outcomes: a. Current status/condition 2 4198 b. Monitoring methods and results C. Physical d. Biological e. Benthic community f. User Groups g. Unexpected outcomes (e.g. location accuracy, storms, etc.) h. Storm durability/subsidence g. Supporting site specific documentation, imagery, data, etc. In addition to the site documentation, discussion topics will include but not be limited to: a. How many artificial reef sites are in the FKNMS? b. Historical and current monitoring of any of the sites, and methods used. c. Generate a list of sites that would be worth revisiting/documenting/monitoring 3-4 decades later that would serve as the best examples of historical projects that could provide useful data on long-term outcomes. Considerations will include: 1) material type(eg. concrete rubble pile, concrete bridge span, metal I-beams, prefabricated module,various vessel types, scrap metal, limestone boulders, reef ball) 2) reef size(relative footprint -small, med, large) 3) potential outcome(eg. positive due to productivity and stability, neutral, or negative due to subsidence or deterioration over time). d. For the period of FKARA's work on artificial reefs, what were some of the biggest challenges to planning, designing, deploying, and monitoring them that improvements in technology, methodology, communication since then would make them less challenging today? e. Conversely, what may be some aspects that are more challenging today compared to this early era of deploying artificial reefs? f. Based on this overall analyses, make suggestions of locations of possible new (or, if appropriate, existing sites) AR sites that based on positive long-term outcomes (eg. good location, conditions, depth) would be suitable and compatible with the County's plans for new habitat support structures to create networks in waters of the Keys. Deliverables will include both digital and hard copy materials provided to Monroe County. Approximately 500+ photos will be scanned at a medium resolution and provided in .jpg format and several hundred documents (permits, meeting minutes and notes, letters, presentations, news articles, etc.) will be scanned and provided as .pdfs. Information will be organized chronologically by site where appropriate, and chronologically if not site specific. Scanned information will be provided via portable hard drive, or via an alternative method desired by Monroe County. All hard copy material will be mailed or shipped. Proposed Schedule The organizing and digitizing of information and photography required for this project can be accomplished in 3 months following approval of this proposal. Work will be initiated on October 1, 2024 and conclude December 31, 2024. Proposed Budget Organization and curating of materials (50 hours at$100/hour)- $5,000.00 Scanning and Digitizing of written material and photography (25 hours at$100/hour) - $2,500.00 3 4199 Reporting and providing of all materials (40 hours at$100/hour) - $4,000.00 Total proposed budget- $11,500.00 Qualifications My academic qualifications include a Master's of Science degree from the University of South Florida Marine Science Institute in 1977 and a Master's Thesis on the marine macroalgae of natural rocky reefs approximately 10-12 miles offshore from Tampa Bay (Kruer 1977). 1 was employed by the State of Florida in the Keys as a field biologist from 1977-1980 and as a field biologist for the Army Corps of Engineers from 1980-1988 with responsibilities including dredge and fill permitting and enforcement work throughout the Keys. It was during this period that I organized and served in various capacities for the FKARA. Since 1988, 1 have worked as a conservation consultant with a primary focus in the Keys, mainly for nonprofit conservation organizations and government agencies. Although I have moved from Florida, my interest in and work on behalf of conservation in the Keys continues. A current CV and list of my publications and reports is attached. References Kruer, C.R. 1977.A study of the natural reefs off Tampa Bay, Florida Gulf Coast. Master's Thesis, University of South Florida, Department of Marine Science, St. Petersburg, Florida, 172 pp. Kruer, C.R. 1990. An evaluation of the use of large fabricated artificial reefs to enhance reef fish populations in the Florida Keys. Procs. Of the Third Annual Marine Fisheries Initiative Conference, Orlando, FL pp 101-104. Kruer, C.R. and L. Causey. 1992.The use of large artificial reefs to enhance fish populations at different depths in the Florida Keys. National Marine Fisheries Service. MARFIN # NA89-AA-HMF179, St. Petersburg, Florida, 208 pp. Kruer, C.R. 1993. Artificial reefs of the Florida Keys, in B. Horn, ed., Florida Artificial Reef Summit 1993. Florida Department of Environmental Protection,Tallahassee, Florida, pp. 79-83. Respectfully Submitted, Curtis Kruer Revised May 30, 2024,August 27, 2024 4 4200 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor 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 October 23, 2024 RE: Waiver of insurance Requirements Risk Management is waving insurance requirements of Mr. Curtis Kruer, Consulting Biologist for providing data from the Artificial Reef Association. Mr. Kruer is providing his research only. He is not physically present and is not providing opinions or recommendations. There is no direct risk to the county from this contract. Thank you, Brian Bradley Risk Manager 4201 � '� ., BOARD OF COUNTY COMMISSIONERS County of MonroeMayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tem James K. Scholl,District 3 Craig Cates,District 1 Michelle Coldiron,District 2 David Rice,District 4 � . Memorandum TO: OMB Purchasing FROM: Dr. Hanna Koch, Director of Artificial Reefs THRU: Kevin Wilson, Acting County Administrator DATE: 6/13/2024 RE: Justification for Sole Source Requisition As the former President of the Florida Keys Artificial Reef Association (FKARA) in the 1980s/90s, Mr. Curtis Kruer is in sole possession of a mass of historical Monroe County documents (e.g., photographs, permits, data) pertaining to artificial reef (AR) deployments during that time period. Mr. Kruer was responsible for planning, permitting, deploying, and monitoring ARs in the Florida Keys, and therefore has unique knowledge regarding historical AR work in Monroe County. As outlined in the FWC Grant Agreement #23132, which funds Monroe County's Artificial Reef program, Deliverable#1 requires the creation of a 5-yr Artificial Reef Plan that includes a historical analysis(i.e., background chapter) of artificial reef projects in Monroe County. Thus, these documents are essential to the execution of grant Deliverable #1 and currently only exist in hard-copy form in Mr. Kruer's possession (i.e., they cannot be obtained from any other source). Mr. Kruer has offered to organize,curate,digitize,and deliver the history of FKARA to the Monroe County Artificial Reef program in both digital and hard copy formats,for$11,500. He has drafted a proposal outlining the scope of work, deliverables,timeline, and budget,which will be used to create a Task Order. Furthermore, since FKARA no longer exists, and Mr. Kruer has no further use for continuing to store such documents, it would be wise that the responsibility of long-term storage and safeguarding of such documents lies with the County's Artificial Reefs program. In summary, given that such documents and specific knowledge only exist with Mr. Kruer, that such documents cannot be obtained elsewhere, and that they are essential to the successful completion of Deliverable#1 of the FWC grant that funds the Artificial Reefs program, I request the ability to carry out a sole source expenditure. cc: Joseph DiNovo, Assistant County Attorney 4202 1,411� 111w tl w W 111w 11:wl 0114 I S PS II i�� S —111 I P.ilw I�/ 'S 1� —'() a ilw"u' 1114 II I'All.U., ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Curtis Kruer Contract# Effective Date: Date of Signing Expiration Date: 3 months from date of signing Contract Purpose/Description: To have Curtis Kruer perform professional consulting services for the organization, curation, digitization, and delivery of the history and documentation of the Florida Keys Artificial Reef Association to the Monroe County Artificial Reefs Program in both digital and hard copy formats. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Hanna Koch 786-847-5443 Artificial Reefs/Stop #11 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 11,500 Current Year Portion: $ 11,500 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the;omq o,a:eR hfly ,e o,ro,d,k c "nN00,00 00 or hess) Budgeted?Yes 2 No ❑ Grant: $ 11,500 County Match: $ 0 Fund: Grant 23132/Cost Center: 62656/Spend Category: 530310:SC 00036 Fund/Cost Center/Spend Category. — ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑ NO ❑ CONTRACT REVIEW Reviewer`, �i� 10/24/2024 Department Head Dr. Hanna Koch Signature: yy /� County Attorney Signature: 10/24/24 Risk Management Signature: . . ' 11/1/2024 Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2024.11.04 14:09:59-05'00' John Quinn Digitally signed by John Quinn OMB Signature: Date.2024.11.46 10:41:30-05'00' Comments: Revised BOCC 4/19/2023 i e 'a.sc 4i d P i 2(,P2, 89 1 F" "� 4203 AGREEMENT FOR Professional Consulting Services This Agreement ("Agreement") made and entered into this day of NOVember 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 "OWNER" or "COUNTY," through the Monroe County Board of County Commissioners (`BOCC"), AND Mr. Curtis Kruer, Consulting Biologist,whose address is P.O. Box 753, Sheridan, MT 59749, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, the COUNTY desires to have the CONSULTANT perform professional consulting services for the organization, curation, digitization, and delivery of the history and documentation of the Florida Keys Artificial Reef Association (FKARA) from approximately 1981 to 1994 to the Monroe County Artificial Reef Program in both digital and hard copy formats. 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: 1. REPRESENTATIONS AND WARRANTIES.This Agreement shall be deemed effective upon full execution by the parties hereto. By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: a. 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. b. 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, and specifically to the required specifications of the Monroe County Clerk and Comptroller, therefore eliminating any additional cost due to missing or incorrect information. c. The CONSULTANT assumes full responsibility to the extent allowed by law with regard to his performance and those directly under his employ. 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 of 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 of Monroe County. d. 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 1 4204 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 COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. e. 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. 2. SCOPE OF BASIC SERVICES. a. 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" — Proposal for Funding, in accordance with the requirements outlined in this Agreement. In the event of a conflict between 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. b. 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. 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: For County: Dr. Hanna Koch Director of Artificial Reefs Monroe County 2798 Overseas Highway, Suite 400 Marathon, FL 33050 And: Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 12`h Street, Suite 408 Key West, Florida 33040 For the Consultant: Curtis Kruer, Consulting Biologist P.O. Box 753 Sheridan, MT 59749 2 4205 4. ADDITIONAL SERVICES. a. 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. b. 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. 5. COUNTY RESPONSIBILITIES. a. 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. b. 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. c. 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. d. 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. e. The COUNTY shall provide copies of necessary documents required to complete the work. f. Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. 6. 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 Curtis Kruer Consulting Biologist (If left blank, it shall signify that no other personnel are assigned hereunder.) 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. 7. PAYMENT SUM. 3 4206 a. The COUNTY shall pay the CONSULTANT in current funds for the performance of this Agreement by the CONSULTANT a sum not-to-exceed Eleven Thousand, Five Hundred and 00/100 Dollars($11,500.00).CONSULTANT agrees to perform the work hereunder described at the pricing listed in "Attachment A" —Proposal for Funding. b. For his assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid upon submission of appropriate invoicing,drawn down from a not-to-exceed total of Eleven Thousand, Five Hundred and 00/100 Dollars ($11,500.00), which shall be within three months of the signing and execution of this Agreement. Payment will be made pursuant to the Local Government Prompt Payment Act (Chapter 218, Part VII, Florida Statutes). c. 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. d. As a condition precedent for any payment due under this Agreement, the CONSULTANT must submit an invoice that is accompanied by such documentation or data in support of expenses for which payment is sought consistent with "Attachment A" — Proposal for Funding. Such invoices must be acceptable to the Clerk and Comptroller of Monroe County, Florida ("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. 8. COUNTY BUDGET. a. 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. b. 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. 9. INSURANCE REQUIREMENTS. Contractor shall obtain and maintain at its own expense insurance coverages as deemed appropriate and required by the Monroe County Risk Manager, or designee, throughout the term of the Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired, amended, and annually during the term of this Agreement. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days'written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County,its officials,employees,agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, 4 4207 FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. INDEMNIFICATION & HOLD HARMLESS. a. The parties agree that one percent (1%) of the total compensation paid to Contractor for the work or services under this Agreement constitutes specific consideration to Contractor for the indemnification to be provided under the Agreement. 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 any claims,actions or causes of action,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 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). b. In the event that the completion of the service (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. C. Nothing contained herein is intended, nor may it be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time;nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the County, any sums due Contractor under this Agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the County. 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. 11. MISCELLANEOUS. a. 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. b. Ownership of 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. 5 4208 c. Assignment and Subcontracting. 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. d. Termination. 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.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. i. 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. ii. 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. Contract Documents. This contract consists of this Agreement, the attachment hereto and any modifications made after execution by written amendment. In the 6 4209 event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. f. Claims for State or Federal Aid/Grants. 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. g. Discriminatory Vendor List. CONSULTANT hereby acknowledges its continuous duty to disclose to the County if the CONSULTANT or any of its affiliates,as defined by Section 287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor List.Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list 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 CONSULTANT, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity." h. Prohibition on Conflict of Interest, Gratuities, Kickbacks, and Collusion. 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 herein in awarding the contract for this service. i. Conflict of Interest. CONSULTANT covenants that it presently has no interest and will not acquire any interest that would conflict in any manner or degree with the performance of services required.Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself. ii. Gratuities. CONSULTANT hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity, favor, or anything of monetary value in connection with any decision, approval, disapproval, recommendation, preparation of any part of the award of this contract. ill. Kickbacks. CONSULTANT certifies that it has not given payment, gratuity, or offer of employment to be made by or on behalf of a Sub-contractor under a contract to CONSULTANT or higher tier sub-contractor or any person associated therewith,as an inducement of the award of a subcontract or order. iv. Non-Collusion Statement. By signing this Agreement, CONSULTANT certifies under penalty of perjury that the price proposed by CONSULTANT was arrived at independently without collusion, consultation, or communication for the purpose of restricting competition;and no attempt has been made to induce another person or entity to submit a proposal, or not submit,for the purpose of restricting competition in the award of this contract. v. Contract Clause. The prohibitions on conflict of interest,gratuities, kickbacks, and collusion prescribed in this paragraph must be conspicuously set forth in every contract and subcontract and solicitation initiated by CONSULTANT in its performance of this Agreement. i. Ethics Clause pursuant to Monroe County Ordinance No. 010-1990. By signing this Agreement, the CONSULTANT 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 2-149, Monroe County Code of Ordinances, or any County officer or employee in violation of Section 2-150, Monroe County Code of 7 4210 Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. j. Monroe County's Suspended Vendor List and False Claims Laws.The eligibility of persons to enter into a contract may be suspended pursuant to Sec. 2-347(1) of the Monroe County Code of Ordinances. In the event an eligible person is suspended by the County after the contract is awarded, or a suspended person is employed to perform work (e.g. as a subcontractor) pursuant to a County contract, same shall constitute a material breach of the contract. The County, in its sole discretion, may terminate the contract with no further liability to the CONSULTANT beyond payment of the portion of the contract price that may be due for work satisfactorily completed up to the date of termination, and hereby reserves all other rights and remedies available at law or in equity. In addition, the County reserves all rights available to recuperate 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, pursuant to Section 2-721 et seq. of the Monroe County Code. k. Prompt Disclosure of Litigation, Investigations,Arbitration, or Administrative Proceedings. Throughout the term of this Agreement, the CONSULTANT has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relating to or affecting CONSULTANT's ability to perform under this Agreement. If the existence of such causes the County concern that the CONSULTANT's ability or willingness to perform the Agreement is jeopardized, the CONSULTANT may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. 1. Choice of Law and Venue. The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida,and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida, or United States Bankruptcy Court for the Southern District of Florida,whenever applicable. m. WAIVER OF JURY TRIAL & MANDATORY PRE-SUIT MEDIATION BY ENTERING INTO THIS CONTRACT, EACH OF CONSULTANT AND THE COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE TO A TRIAL BY JURY RELATED TO THIS CONTRACT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL WILL BE LIABLE FOR THE REASONABLE ATTORNEY'S FEES AND COSTS OF THE OTHER PARTY CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS MUST BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 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 8 4211 SUBMITTED TO MEDIATION PRIOR TO THE INSTITUTION OF ANY OTHER ADMINISTRATIVE OR LEGAL PROCEEDING. 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. n. Attorney's Fees and Costs. County and 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, court costs, investigative, and out-of- pocket expenses, as an award against the non-prevailing party,at all levels of the court system, including in appellate proceedings. o. Public Records. County is a public agency subject to Chapter 119, Florida Statutes, as amended from time to time. To the extent CONSULTANT is a CONSULTANT acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, CONSULTANT must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, CONSULTANT agrees to: i. Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. ii. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. ill. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONSULTANT does not transfer the records to the County. iv. Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the CONSULTANT or keep and maintain public records required by the County to perform the services. If the CONSULTANT transfers all public records to the County upon completion of the services, the CONSULTANT must destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the services, the CONSULTANT must 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 public records, in a format that is compatible with the information technology systems of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT PHONE NO. 305-292-3470, BRADLEY-BRIAN@MONROECOUNTY- 9 4212 FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. If CONSULTANT does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. p. Uncontrollable Circumstances ("Force Majeure"). As used herein, "Force Majeure" means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of "Force Majeure" include, but are not limited to, acts of God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the "Notice" provisions of this Agreement, must be sent by the non-performing party describing the circumstances constituting force majeure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by CONSULTANT pursuant to this paragraph will be made not more than Seventy-two (72) hours after the commencement of the delay. Otherwise, it shall be waived. The CONSULTANT shall immediately report the termination of the cause for the delay within seventy-two (72) hours after such termination. The County reserves its right to challenge the invocation by the CONSULTANT within five (5) calendar days of receipt of said notice,in such case uninterrupted performance in required. However, in the event the invocation is accepted by the County, the CONSULTANT must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the CONSULTANT's performance requirements under this Agreement. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement. q. Public Entity Crimes Statement. Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, CONSULTANT hereby certifies that neither it nor its affiliate(s) have been placed on the convicted vendor list following a conviction for a public entity crime. If placed on that list, CONSULTANT agrees: to immediately notify the County and is prohibited from providing any goods or services to a public entity; it may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; it may not submit bids on leases of real property to a public entity; it may not be awarded or perform work as a CONSULTANT, supplier, sub CONSULTANT, or consultant under a contract with any public entity; and, it may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category TWO ($35,000), as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. r. Foreign Gifts and Contracts.The CONSULTANT must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b), Florida Statutes: "In addition to any fine assessed under [� 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per�14.202, Florida Statutes] for good cause." 10 4213 s. Scrutinized Companies and Countries of Concern per Sections 287.135,215.473, &287.138, Florida Statutes. CONSULTANT hereby certifies that it: a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel;b) has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c) has not been engaged in business operations in Cuba or Syria. If County determines that CONSULTANT has falsely certified facts under this paragraph,or if CONSULTANT is found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes,as amended.The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes,as amended. Beginning January 1, 2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as:People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro,or the Syrian Arab Republic,unless the CONSULTANT provides the County with an affidavit signed by an authorized representative of the CONSULTANT,under penalty of perjury,attesting that the CONSULTANT does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the CONSULTANT provides the County with an affidavit signed by an authorized representative of the CONSULTANT, under penalty of perjury, attesting that the CONSULTANT does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. t. Noncoercive Conduct for Labor or Services. As a nongovernmental entity submitting a proposal,executing,renewing,or extending a contract with a government entity, CONSULTANT is required to provide an affidavit under penalty of perjury attesting that CONSULTANT does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of CONSULTANT, I certify under penalties of perjury that CONSULTANT does not use coercion for labor or services as prohibited by Section 787.06. Additionally, CONSULTANT has reviewed Section 787.06, Florida Statutes,and agrees to abide by same. u. Nondiscrimination Covenant. The CONSULTANT and County agree that there wll be no discrimination agan itii i ii i i , s 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. CONSULTANT 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 11 4214 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) Tide 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) The Pregnant Workers Fairness Act (PWFA) pursuant to 42 U.S.C. 2000gg et seq.;and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. v. E-Verify Requirements. Effective January 1, 2021, both public and private employers, including CONSULTANT must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. CONSULTANT acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility o£ i. All persons employed by CONSULTANT to perform employment duties within Florida during the term of the contract;and ii. All persons (including subvendors/sub consultants/subcontractors) assigned by CONSULTANT to perform work pursuant to the contract with the County. The CONSULTANT acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement, the CONSULTANT becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E- Verify System to verify the work authorization status of all newly hired employees,and requiring all subcontractors to provide an affidavit to CONSULTANT attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. CONSULTANT agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended, and CONSULTANT may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. CONSULTANT will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Upon executing this Agreement, CONSULTANT will provide proof of enrollment in E-verify to the County. w. Prohibited Telecommunications Equipment. CONSULTANT represents and certifies that it and its applicable subcontractors do not and will not use any equipment, system, or service that uses covered telecommunications equipment or services as a 12 4215 substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR �� 52.204-24 through 52.204-26. By executing this Agreement, CONSULTANT represents and certifies that CONSULTANT and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work performed for the County for the entire duration of this Agreement. If CONSULTANT is notified of any use or provisions of such covered telecommunications equipment, system, or services by a subcontractor at any tier or by any other source, CONSULTANT must promptly report the information in 40 CFR � 52.204-25(d)(2) to County. x. Antitrust Violations; Denial or Revocation under Section 287.137, Florida Statutes. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal,or reply on new leases of real property to a public entity;may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, CONSULTANT certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.137, Florida Statutes, as amended. y. Merger; Amendment; Interpretation; Joint Preparation. This Agreement constitutes the entire Agreement between the CONSULTANT and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and authorized designees of the County. The tides and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. z. Severability; Waiver of Provisions. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. aa. Signatory Authority; Counterparts and Multiple Originals. Upon request, the CONSULTANT must provide the County with copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement. This Agreement may be executed in multiple originals, and may be 13 4216 executed in counterparts,each of which is hereby deemed to be an original,but all of which,taken together,constitutes one and the same agreement. IN WITNESS WHEREOF,County,signing through its authorized Department Director,and CONSULTANT,through its authorized representative,have executed this Agreement as of the date appearing next to their signatures. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; By: Christine Hurley,County Administrator Date Approved as to legal form&sufficiency: Digitally signed by Eve M.Lewis Eve M. Lewis Date:2024.10.23 12:46:37-04'00' Eve M. Lewis,Assistant County Attorney Date CONSULTANT: Curtis Kruer(an individual) Signature Date G�rjz,--T s / ei:'C Print Name STATE OF COUNTY OF j j 1 CZ C1%,SN-) The foregoing instrument was sworn to / affirmed and acknowledged before me by means of hysical presence or ❑ online notarization, this F'day of O' l3 k,'- 20 1/, by -'L,4i Li rZ- in his individual capacity. ' Ie he is personally known to me/or has produced (type of identification) as identification. j f 1 JENNIFER BURL Signaturd of Notary Public oT NOTARY PUBLIC for the State of Montana Jo—I V1 i 4 o` SEAL Residing at Sheridan,Montana (Print&Stamp-Notary Public) My Commission Expires July 11,2026 14 4217 Proposal for Funding Submitted to: Dr. Hanna Koch Director of Artificial Reefs Monroe County Board of County Commissioners Marathon, FL Submitted by: Curtis Kruer Consulting Biologist P.O. Box 753 Sheridan, MT 59749 ... .:.........ii veers.ir"net P`'�..�.i.`....&�..... u"...................................................... Date Submitted: May 17, 2024, revised May 30, 3024, revised August 27, 2024 Funding Request: $11,500.00 Project Objective: To organize, curate, digitize, and deliver the history of the Florida Keys Artificial Reef Association (FKARA)to the Monroe County Artificial Reef Program in both digital and hard copy formats. Scope of Work: The history of the FKARA dates to about 1981, and I was president of the organization through much of the 1980s and into the early 1990s. In addition to overseeing much of the on-the-water work, I also had responsibility for permitting (while employed by the Army Corps of Engineers), mapping, documenting results, and photography (underwater, surface, and aerial). A major focus of the FKARA's efforts was using the large amount of suitable concrete and steel that resulted from demolition of part or all of various bridges during the Florida Keys Bridge Replacement Project that took place during this time frame. In addition, a grant from NOAA's Marine Fisheries Initiative program (MARFIN)funded the construction, placement monitoring, and reporting on a series of fabricated structures placed offshore from Big Pine Key in the early 1990s (Kruer and Causey 1992, Kruer 1990, Kruer 1993).This collection of documentation and photography, as well as extensive documentation of the collaboration, coordination, and review among agencies and user groups has been maintained and kept together since the dissolution of FKARA in the mid-1990s.The proposed project will organize, curate, digitize, and deliver all relevant and useful material to the Monroe County Artificial Reef Program. Monroe County's current interest in this historical information (some bridge rubble sites are now over 40 years old) is related mainly to learning the results of the use of bridge rubble and fabricated structures to construct numerous patch reefs at various Keys locations (Islamorada to Key West) as the County pursues new targeted construction of habitat support structures in the 1 4218 Keys. Considerable work sinking large vessels and barges in the Keys was carried out during the same time frame with my involvement and that of FKARA. Vessels sunk in the Keys with my and FKARA's involvement include the Bibb and Duane off Key Largo, the Eagle off Islamorada, the Cayman Salvage Master and Curb off Key West and other smaller vessels and barges. The Florida Keys National Marine Sanctuary(FKNMS) recently has expressed an interest in obtaining more information and photography on the various vessels sunk from Key Largo to Key West as well as on the bridge rubble sites (M. Lawrence, FKNMS, pers. comm. 2023). As well, the Florida Fish and Wildlife Conservation Commission (FWCC) has said they would like to update their statewide artificial reef database with this historical data once it's passed along to the County (K. Mille, FWCC pers. comm., 2023). The scope of this proposal is to include in the deliverables to Monroe County all available aspects of the Keys artificial reef work that FKARA and I conducted from about 1981-1994. In addition, a general accounting of the history and time frame of other intentional artificial reef deployments in the Keys will be included along with a discussion of relevant laws and regulations that apply to the current construction of artificial reefs in the Keys. Deliverables: The materials described above will be organized and archived with a site specific focus on the approximate 13 individual sites permitted and worked on by the FKARA. Each site will include a historical analysis (see below for an example of information to be provided), permits, description of materials and amounts placed, along with any reports and maps, photography, and monitoring data (fish and invertebrates). Most or all of the Keys sites have been previously mapped by the FWCC and can be found at rnti;;ti;; s: rm .irmaas.au lis. oirm a s Vlie liindex.lrntn 5d .1?a lid::::::4675ei..dlra32ac43a9a4308e7579 6 i..7d). A review of the accuracy and completeness of information for Keys artificial reefs sites in the FWCC database with be conducted using information in hand. Example Historical Analysis: 1. Deployment ID (FWCC code) 2. Reef Name 4. Source of materials and #of patch reefs 5. Tons of material 6. Relief(ft) at time of construction 7. Depth (ft) 8. Jurisdiction 9. Latitude 10. Longitude 11. Location accuracy 12. Deploy date 13. Description 14. Permit information 15. Purpose of deployment/artificial reef 16. Who organized deployment (program manager)? 17. Who conducted deployment (contractor)? 18 Outcomes: a. Current status/condition 2 4219 b. Monitoring methods and results C. Physical d. Biological e. Benthic community f. User Groups g. Unexpected outcomes (e.g. location accuracy, storms, etc.) h. Storm durability/subsidence g. Supporting site specific documentation, imagery, data, etc. In addition to the site documentation, discussion topics will include but not be limited to: a. How many artificial reef sites are in the FKNMS? b. Historical and current monitoring of any of the sites, and methods used. c. Generate a list of sites that would be worth revisiting/documenting/monitoring 3-4 decades later that would serve as the best examples of historical projects that could provide useful data on long-term outcomes. Considerations will include: 1) material type(eg. concrete rubble pile, concrete bridge span, metal I-beams, prefabricated module,various vessel types, scrap metal, limestone boulders, reef ball) 2) reef size(relative footprint -small, med, large) 3) potential outcome(eg. positive due to productivity and stability, neutral, or negative due to subsidence or deterioration over time). d. For the period of FKARA's work on artificial reefs, what were some of the biggest challenges to planning, designing, deploying, and monitoring them that improvements in technology, methodology, communication since then would make them less challenging today? e. Conversely, what may be some aspects that are more challenging today compared to this early era of deploying artificial reefs? f. Based on this overall analyses, make suggestions of locations of possible new (or, if appropriate, existing sites) AR sites that based on positive long-term outcomes (eg. good location, conditions, depth) would be suitable and compatible with the County's plans for new habitat support structures to create networks in waters of the Keys. Deliverables will include both digital and hard copy materials provided to Monroe County. Approximately 500+ photos will be scanned at a medium resolution and provided in .jpg format and several hundred documents (permits, meeting minutes and notes, letters, presentations, news articles, etc.) will be scanned and provided as .pdfs. Information will be organized chronologically by site where appropriate, and chronologically if not site specific. Scanned information will be provided via portable hard drive, or via an alternative method desired by Monroe County. All hard copy material will be mailed or shipped. Proposed Schedule The organizing and digitizing of information and photography required for this project can be accomplished in 3 months following approval of this proposal. Work will be initiated on October 1, 2024 and conclude December 31, 2024. Proposed Budget Organization and curating of materials (50 hours at$100/hour)- $5,000.00 Scanning and Digitizing of written material and photography (25 hours at$100/hour) - $2,500.00 3 4220 Reporting and providing of all materials (40 hours at$100/hour) - $4,000.00 Total proposed budget- $11,500.00 Qualifications My academic qualifications include a Master's of Science degree from the University of South Florida Marine Science Institute in 1977 and a Master's Thesis on the marine macroalgae of natural rocky reefs approximately 10-12 miles offshore from Tampa Bay (Kruer 1977). 1 was employed by the State of Florida in the Keys as a field biologist from 1977-1980 and as a field biologist for the Army Corps of Engineers from 1980-1988 with responsibilities including dredge and fill permitting and enforcement work throughout the Keys. It was during this period that I organized and served in various capacities for the FKARA. Since 1988, 1 have worked as a conservation consultant with a primary focus in the Keys, mainly for nonprofit conservation organizations and government agencies. Although I have moved from Florida, my interest in and work on behalf of conservation in the Keys continues. A current CV and list of my publications and reports is attached. References Kruer, C.R. 1977.A study of the natural reefs off Tampa Bay, Florida Gulf Coast. Master's Thesis, University of South Florida, Department of Marine Science, St. Petersburg, Florida, 172 pp. Kruer, C.R. 1990. An evaluation of the use of large fabricated artificial reefs to enhance reef fish populations in the Florida Keys. Procs. Of the Third Annual Marine Fisheries Initiative Conference, Orlando, FL pp 101-104. Kruer, C.R. and L. Causey. 1992.The use of large artificial reefs to enhance fish populations at different depths in the Florida Keys. National Marine Fisheries Service. MARFIN # NA89-AA-HMF179, St. Petersburg, Florida, 208 pp. Kruer, C.R. 1993. Artificial reefs of the Florida Keys, in B. Horn, ed., Florida Artificial Reef Summit 1993. Florida Department of Environmental Protection,Tallahassee, Florida, pp. 79-83. Respectfully Submitted, Curtis Kruer Revised May 30, 2024,August 27, 2024 4 4221 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor 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 October 23, 2024 RE: Waiver of insurance Requirements Risk Management is waving insurance requirements of Mr. Curtis Kruer, Consulting Biologist for providing data from the Artificial Reef Association. Mr. Kruer is providing his research only. He is not physically present and is not providing opinions or recommendations. There is no direct risk to the county from this contract. Thank you, Brian Bradley Risk Manager 4222 � '� ., BOARD OF COUNTY COMMISSIONERS County of MonroeMayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tem James K. Scholl,District 3 Craig Cates,District 1 Michelle Coldiron,District 2 David Rice,District 4 � . Memorandum TO: OMB Purchasing FROM: Dr. Hanna Koch, Director of Artificial Reefs THRU: Kevin Wilson, Acting County Administrator DATE: 6/13/2024 RE: Justification for Sole Source Requisition As the former President of the Florida Keys Artificial Reef Association (FKARA) in the 1980s/90s, Mr. Curtis Kruer is in sole possession of a mass of historical Monroe County documents (e.g., photographs, permits, data) pertaining to artificial reef (AR) deployments during that time period. Mr. Kruer was responsible for planning, permitting, deploying, and monitoring ARs in the Florida Keys, and therefore has unique knowledge regarding historical AR work in Monroe County. As outlined in the FWC Grant Agreement #23132, which funds Monroe County's Artificial Reef program, Deliverable#1 requires the creation of a 5-yr Artificial Reef Plan that includes a historical analysis(i.e., background chapter) of artificial reef projects in Monroe County. Thus, these documents are essential to the execution of grant Deliverable #1 and currently only exist in hard-copy form in Mr. Kruer's possession (i.e., they cannot be obtained from any other source). Mr. Kruer has offered to organize,curate,digitize,and deliver the history of FKARA to the Monroe County Artificial Reef program in both digital and hard copy formats,for$11,500. He has drafted a proposal outlining the scope of work, deliverables,timeline, and budget,which will be used to create a Task Order. Furthermore, since FKARA no longer exists, and Mr. Kruer has no further use for continuing to store such documents, it would be wise that the responsibility of long-term storage and safeguarding of such documents lies with the County's Artificial Reefs program. In summary, given that such documents and specific knowledge only exist with Mr. Kruer, that such documents cannot be obtained elsewhere, and that they are essential to the successful completion of Deliverable#1 of the FWC grant that funds the Artificial Reefs program, I request the ability to carry out a sole source expenditure. cc: Joseph DiNovo, Assistant County Attorney 4223 Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CON" `RAC T ().MM R,Y Ol l ,OR C(,)NT C,'l I oolo (1Po()(1, rtd A1114cI. Effective Date: (� Expiration Date Contract Purpose/Description: „`V 'i'tJ)a11 „ i/Wt� d'9 �1p5ailws �� �sa � 1 `I rl } rgttg°i4a4k�P /+4r��ww� tM' bI �4 '� dhtf4�N�tw Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: / CONTRACT COSTS Total Dollar Value of Contract: $ r Current Year Portion: $1l, rr // must be$100,000.00 or less)) (If multiyear agreement then aeayukes RG'CC approval,udess 11he total cuninflative aAazoulal:ns $100,000 00 ar Ness). Budgeted?Yes No E Grant: $14,800.00 County unty :Match $ 1°undlCost ,"enter/S)end Cate�or ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Irrstu°ante lie uired: YES i_NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis � -�� - Patricia Eables :,gfl.lvu:.:1g.edkiY=„P�r:o �::pA�A� County Attorney Signature: �............... DO,:202411061 514 05'0(s' Jacl n Flatt DVI.Ry by,J.d ps FV;at�. Risk Management Signature Y 0. .20241107(16.K47.05'00 Lisa Abreu M�3,��ly sig�.d iby Us.Abra.un Purchasing Signature: DiMe:202.4,11 07 10:31:17-05'00' OMB Signature: John Quinn U.I.p°'; 4ALVIO;w na'05 Comments: Revised BOCC 4/19/2023 Page 84 of 105 4224 COUNTYMONROE COUNTY BOARD OF SERVICESREQUEST FOR FOR Key Largo Branch Llibrary - Palint Exterior of Building ri Highway, Key Largo, FL 33037 e If 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 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis 10/22/2024 PREPARED BY: Monroe County Facaiities Maintenance Department Pagel of 54 4225 Monroe County Facilities Maintenance General Scope of Work Job Name:Key Largo Branch Library—Paint Exterior of Building and Trim Job Location: Key Largo Branch Library 101485 Overseas Highway Key Largo,FL 33037 Contact:Kevin Dillon or Nestor Torra-Facilities Maintenance Kevin Dillon -9200 Nestor Torra iO i"9-1 h --........... ----------.............----...... ..... ...... PROJEC'TOVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIRE WENTS 1. Project Overview A) Monroe County ("Owner"or"County shall enter into a contract with a qualified Contractor to paint the building exterior and all trim of the Key Largo Branch Library, located at 101485 Overseas Highway,Key Largo,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 undemigned by Owner of a Notice to Paxxcd, Pawhasc Onkr� 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 any Page 2 of 54 4226 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,October 31,2024,at 3:00 P.M.,via email to torra- nestor@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 project of painting the building exterior and all trim of the Key Largo Branch Library: PHASE I-Library Exterior: Isolate areas where work is being conducted with barricades and caution tape. All cement surfaces shall be pressure-washed before painting. Any loose or failing paint shall be scraped,patched,and spot primed. All hairline cracks shall be sealed as needed -either with caulking or elastomeric, depending on the size. All surfaces not being painted shall be protected, such as floors, kiosks, bulletin boards,windows,etc. Once prep of the building exterior is complete,apply two(2) coats of finish paint to all exterior cement surfaces-walls,ceilings,and columns. Paint color as specified by the County. Leave area clean and debris free. PIIASE lI—All I±:.^ terior Trim: Isolate areas where work is being conducted with barricades and caution tape. All metal surfaces: green window trim(front and back of the building),green entry arches, "Key Largo Public Library" lettering, brown metal facades (front x2), brown entry light fixtures-shall be pressure washed and lightly sanded,as needed. Voids in the window trim shall be sealed to prevent any water intrusion. All chalky surfaces with oxidation remaining after pressure washing shall be cleaned with solvents to ensurc adhesion. Once prep of the trim is complete, apply two (2) coats of direct to metal (DTM) industrial coating to all specified surfaces. Paint color as specified by tine County. Leave area clean and debris free. Invoices for payment of these services may be submitted as stated in the Additional Contract Provisions,Paragraph V,as set forth herein Page 3 of 54 4227 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Kevin Dillon at 305 363-9200 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 wanting 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. IT) 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 Thursday, October 31, 2024, at 3:00p.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 cranethoist work. l) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair Page 4 of 54 4228 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 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"irdarmational 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, IIOLD 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, Page 5 of 54 4229 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 r greenuawxt, (13) 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 terns 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 suspcnded as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. United States De artai nt o the"l`reasu Indemnific tion 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, le attorney's fees, to the extent caused by the ne„hgence, 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. Page 6 of 54 4230 T) NON-COLLUSION.By signing this proposal,the undersigned swears,according to law on hislher 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 heen quoted m 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, parmership 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. il) 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 tenninare 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 ar employee. V) CODE OF ETIfICS. 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 mainWning a drug free workplace, any available drug counseling,rehabilitation,and employee assistance prrogrmns,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, Page T of 54 4231 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 efriort to continue to maintain a drug free workplace through implementation of this section. ADDITIONAL CON"T'RA,(7f PROVISIONS n 'oodiscriniinationlF', ual Ian to mncnt 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 arigin; 2) 'Title 1X of the Education Amendment of 1972, as mcn&A (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 rcoordw, 8)Title VII1 of the Civil Rights Act of 1969(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 I1, 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 Page 8 of 54 4232 11246 Relating to Equal Employrne rt 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 11,1 C,agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for emptoymtni because of race,color,religion,sex,sexual orientatiota., 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, disewssed, 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 ctcnpensatican 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 C,otxwww+r's legal duty to furnish'infanuation. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agive vent or other contract or understanding, a notice to be provided by the agency contracting officer,advising the labor union or workers' representative of the C utructor's commiUwaNts,under section 202 of Executive Order Page 9 of 54 4233 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, termWated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor 0411 include the portion of the sentence immediately preceding paragraph(1)and the provision of paragraphs(1)through(8), in every subcontract or purchase order unless exempted, by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, 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. .l°Atl „VI of tlic Civi.I Rig is Aqt 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 Page 10 of 54 4234 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 ret" retwe and made a part of this contract or agreement. 10 Termination 11'ro isions. 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 notificafion 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. Ten ination for Cause and &Ln dje. 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, Comty stmil pay Can nutor 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. `[griMination for Convenience: The County may terminate this Agreement for convenience,at any time,upon seven(7)days' notice to Contractor.If the County termiwa»tes this agreement with the C itractor,County shall pay Contractor the sum due the Contractor under this a - nrent prior to termination, unless the cost of completion to the County exceeds the fimds 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. Srutitxed Cmam armies: 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 Page 11 of 54 4235 (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 errorpursuant 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. IIn 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, whictwver is later; or 2) far 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§200.334,whichever is greater. Each party to this Agreement or its authorized mpres9entatives 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,nnuring 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 impletuentingthatt 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) Ri lout 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.); on °hud estimates;asti,n sting work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade Page 12 of 54 4236 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 ohliWations 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 any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec.55.03,Florida Statutes,running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. V) llavmeyt OfFees,/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 shaft 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: Nestor Torra via email attorra- nestor@monroecounty-fl.gov. An Invoice for payment may be submitted after completion of each Phase of Work for this project or upon completion of the entire project. 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. Page 13 of 54 4237 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 provisiorxs 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 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 ofthe 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 in o^mation tmhcw1M 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 14 of 54 4238 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 pe xalties 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 OUESTIONS REGARDING THE APPLICATION OF CHAPTER, l:1& IFLORIDA. F[A1 [E "I' 'l HE CONTRACTOR'S DVTYT0 PROVIDE PUBLIC. R RELATING 7"O THIS CONTRACt CONTACT THE CUr STOD,1111AN MONRO . COUNTY ATTORNEVOS OFFICE,FIC till IV" Street SUITE 448 KCV WENT 7, 33040. V11 N� "Verif serr,. "Beginning January 1, 2021, in accordance with Fla Stat., Sec. 448.095, as may be amended from time to time, the ConWxWr 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 maintain a copy of such affidavit for the duration of the contract. The CAmtractor shall comply with and be subject to the provisions of Fla. Stat., Sec.448.095. Pursuant to Section 448.095: 1. A public agency,Bidder,or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. 2.A public agency that has a good faith belief that a subcontractor knowingly violated this subsection,but the Bidder otherwise complied with this subsection,shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such.If a public agency terminates a contract with a Bidder under this paragraph,the Bidder may not be awarded a public contract for at least 1 year after the Page 15 of 54 4239 date on which the contract was terminated.A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract." 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. -r'a C c e as For Owner: Facilities Maintenance Department Attention: Kevin Dillon 300 Magnolia Street Key Largo,Florida 33037 And Monroe County Attorney's Office 1111 I P Street Suite 408 Key West,Florida 33040 DO Uncogro lable 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 m 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 Pngcct;(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 Page 16 of 54 4240 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 UncontrollaNe Circtirnstance. Conbrdctor shall use all diligent efforts to end the Uncontmilable Circumstance, ensure that the effects of any Uncontrollable Circtirnslance arc niinimi7A-.xJ and resume fidl performance under this Agm-cment.The County will not pay additional cost as a result of Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. X) Adjudication of Disputes or DisagEgILgents, County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between jvprrsentatives 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 &%veetneiAt or by Florida law. This Agteenaent 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 11 to C.F.R. Part 200, as amended, including but not limited to: A) Cleari Air Act 42 t).S.C. 4§7401-76719.) and the Federal Water Pollution gjLol,Act (33 U-S.C._j&L25 J-_1187 1 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. §§7401-7671 q) and the Federal Water Pollution Control Act (33 U.S.C. §§1251- 1387), as amtuded, applies to Contracts and sutygiunks, 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) C2gjMgj WMrk,jjqVM, and Safetv jaj* &t 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 mectwiics or laborers must comply with 40 U.S.C._U3702 and Page 17 of 54 4241 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,liabilityfor unpaid wages.-liquidated damages.In the event of any violation of the clause set forth in Paragraph(b)(1) ofthis 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)(l)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 Page 18 of 54 4242 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 contmator er subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, 11aragaaaphs (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 (HyStitions Ma#e 1'lnd r ra Contract or r vetnent. 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 perl'ormance 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 awardiaig agency. D) Dgbariggrit a l �' .r r 42 Mndj2§#9- 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 Mawagemm (SAM),in iwcovdimwe with the OMB gukklines 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 wee:; at W� .. ,a1 a��v. Contractor is required to verify drat now of the cants tor's principals(defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940)or disqualified(defined at 2 C.F.R. §180.935). The Contractor must comply with 2 CXX pt. 180, subpart C and 2 C.F.R. pL 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. Page 19 of 54 4243 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 finther 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) - bb i t 1 , ` , 52 . 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 attcmpting 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) f" m lianee with Pr earement of Recovered Materials Is a tort ng 2 aCF"1 200323. The Contractor must comply with Section 6002 of the Solid waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1.Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements;or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, g: program. Page 20 of 54 4244 The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G) Pr hi i ion, on ertain t eleco imuni tion and vid_eo,suMilljuye services or ec ui meat as set f2rtftjjj,,2 CF 211 .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 989, covered telecommunicalians equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) (i)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation,l-langzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities). (if)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommun"tcations 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 Prefe once for Procurenituts as set forth in 2 C.I?.11. 200J22, 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 subawaids 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;aggirgates such as conerete;glass, including optical fiber;and lumber. Page 21 of 54 4245 n Co elan "Anti-Kickback" Act 2 :.FjL 2001 A. pendix '11 "0 ; 40 D.S.C. 34 145). This section applies if the contract is in excess of$2,000 and pertains to constnwhon or repair, and further, if t gWtwd by Federal program legulawan 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 violation to the Depar(aant 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) Amgricaus with INsulAlities Act Mai 1 A11t as jrcatarded.. 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) Di sadvanta d Business lint r arise DBE), Pglicy gigd Qb[tastion. It is the policy of the County that DBEs, as dtfinea in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement.In this regard,all recipients and con wtors 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 stibcontractors shall not discriminate on the basis of race, color, national arigin, or sex in award and perfort-Make of contracts,entered pursuant to this AgreeincriL Page 22 of 54 4246 C-l".R. $ 200.321 0L—)MrMC1'[NG WITII SMALL D MINORITY NIMPLMAREA-—FIRA4$ a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.17K §200.321, the cowRACIOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever le. I,n er )ML— M— b— b. Affirmative steps must include: (1) Placing qualified small and minority businesses and womeds business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and womeres business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,When econounicall Ihrmsil le,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 raftluir Mjpent perinits, which encourage participation by small and minority businesses, and wameWs business eaterpriiws; (5) Using the services and assistance, as appropriate. of such organizations as the Small Business Administration and the Minority Business Development Agency ofthe 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)ofthis section. Q Ace try 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 Depwinvent of the Treasury;(2)Give the Deparunent 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) Clignags t-0--C-o—a-to—O 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 Page 23 of 54 4247 Project. Any contract change or modification,change order or constructive change must be approved in writing by both the County and Contractor. E) Exc ut ve Counicalation. 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 subeAmIractors 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 cantra s (and sru bwu( et ) and federal financial assistance subject to the "f ansparency 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 atG����� ��a � ��1.. F) No tMli ation by FcAeral < overwtment.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) r o rant Fraud an i False or FraudLOCL &#te n1s gr R�l t+�l 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 Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the tern of the Contract and shall expressly require any subcontractors perforating work or providing services pursuant to the Contract to likewise utilize the U.S. IN partmcnt of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract tern. Page 24 of 54 4248 n The Contractor will be bound by the tenors 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. The Contractor shall hold the United States and County harmless aoaa inst 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) j-'on is of Ister"t 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 Attclncnt 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) l erngdJol 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 mwuptiwa 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)(P of the Act,as applicable. N) f rra ilia +t wi �Sul Lions , 'v r rs, This is an li tler 1 l w 11 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 Veparttnwt of Treasury award include, without limitation,the following: Page 25 of 54 4249 L Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance,implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R. Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcaoniracts 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 tern set forth in 2 C.F.R.Part 200,Appendix X11 to Part 200 is hereby incorporated by reference vi. Govemmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying,31 C F R Part 21. viiL 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 w, c p s 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 darnages and penalties,(,Wu7nent from pa i ipating in federal awards or contracts, and/or any other remedy. Page 26 of 54 4250 Q) Publications.Any publications produced with funds from the federal award as set forth in Attachment A must display the following lataguage:"Thus project[is being] f 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) Del)ts f w*d 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 goverment. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is deliNmvik 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 ContrWoTknowingly 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 Iiability 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 t of a federal contract or gram 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 Page 27 of 54 4251 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 marta,gement; v. An author i:rod official of the 1 epaytmtM 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 "eat Melt Ese in the linit d State;.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) R+edrw iin Text mlegssa "'r will !)elvin 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 28 of 54 4252 L SAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 300 Magnolia Street Key Largo,FL 33037 PROPOSAL FROM: ," S O,, ;< c_ L ( .0'j- The undersigned, having mefully examined the Waik and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of- Key Largo Branch Library — Paint Exterior of Building and Trim, 101485 Overseas Highway, Key Largo, FL 33037 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 perfarm and complete said Walk 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 pufonnwee 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 ofthe 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 29 of 54 4253 The But Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two,the Proposal in words shall control. ("I o Base Proposal-words) m... ...._ _..._ _....._ Dollars. (Total Base Proposal—numbers) I acknowledge Alternates as follows:N/A I acknowledge receipt of Addenda No.(s)or None o. Dated No. n _ Dated Page 30 of 54 4254 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: l� ://11- : rat +c" i° ls.corB"d air" `atlDl.' ; AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF,the parties have caused this Agceemant to be executed by their duly authorized representatives,as follows: Contractor... _ .._ k 0 'T"I &J"� , t� Mailing Address: Phone Number: E.I.N.: '6'-1 - - 4 to tk L Email: Date: , ', signed.. s ®A,, r NOW= Title Contractor's Witness signature:--L Witness name: tJ Date: The County accepts the above proposal: MONROE COUNTY,FLORIDA Digitally signed by Christine Hurley Christine Hurley Date:2024.11.13 15:31:03-05'00' Date: By: County Administrator or Designee rc� o :c " Page 31 of$4 ., AS .. PAMOA WrA14 CAS: , _w 4255 NON-COLLUSION AFFIDAVIT 1 7 VV a_ .. _�, G. of the oily of � according to law on my oath, and under penalty of perjury, depose and say that: a. I am of the ro a � � � he firm o the bidder making I for the oject descry ed in the Request for Proposals for and that I e ec "ed the said proposal witkOl cut ority 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. (Sign re 11 of ro oser ate STATE OF I COUNTY OF. Subscribed and sworn to (or aff rrrred) before me, by means of P -physical presence or ❑ online notarization, on � � � �a� (date) by m . � .-�` ,�,� (name of affiant) � s personally known j � (type of identification) as identification. N RY PU IC My commission expires JLY AR��.'1fiN R. HENRY w I r -STATE FLORIDA M ION EXPIRES MARCH 23, 028 COMMISSION NO.HH 495469 Page 32 of 54 4256 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 0104990 ONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/sherit 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". (Signatu '"" Date: STATE OF: . aAr COUNTY OF: 20 O rj,rizat�� on ( �(IN � ) e����, Y � � physical presence or Sub l abed taand to esr elf b ,, s Of h ,sica r by ate ° (name of meant : .r " She is m. . �ersonall Irn +dr has produced as ident is t-io, (T' pue of identification) NOTARY PU IC My crommission expires. w �� 144 cAROLY R. HENS .. NOTARY P MC3':LY.S ATE OF L II)A ss (SEAL) MIY COMdMIISSCommION EXPIRES MARCH 9 (�29 Page 33 of 54 4257 DRUG-FREE WORKPLACE FOR The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies 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 farm complies fully with the above requirements. 1'Aposer's Signature ,.,. Sate STATE OF: COUNTY OF: V ,t �'�.� .��...... Subscribed and s �Pm to(or affirmed)be re � means of physical res i e or O online notarization on ( I��� ��"� dstt bv ��..�.�� n.. (name of aant) 1' . Shre w ersonaal 1 own ,m p � ffi c or has rodu ( -ofidenti cation e ti, catiom GNEI 4 Commission Expires: Page 34 of 54 4258 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 constnxton 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 -I- - ,.. �" r, (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36) months. w. (5n Date: STATE OF: t COUNTY O F: .. Subscribed and sworn to (or affirm d) before nj , try m ans of physical presence or O online notarization,-on he �'Iday of .w, , M ( y date b ( (name of affiant). ViaS e n to me or has produced (type of identification) as id'entilca " n. wi NO*.ARY BLIGI,ka4 .: (SEAL) r My Commission Epic CAROLYN R. HENRY NOTARY PUBLIC•STATE OF FLORIDA My COMMISSION EXPIRES MARCH 23, 028 COMMISSION NO.HH 496469 Page 35 of 54 4259 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): L •- � 1 I . r - �- x r` Respondent Vendor Name: `r`t L Vendor FEIN: 1 ' Vendor's Authorized Representative Name and Address: il -i• e ram.,i A-f- City: , .. zip. „ . Phone Number, '? ^� ? Email Address: • � ,M.r , � �� _ 4 a�•c 7 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: who is aultwrized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: <Q .. Note:The List are available at the following Department of Management Services Site: lrttti f,m. !al llamy LgLk !P81q§ 1UP-9-ratr r ' t t� � & r l�± u� l' r -nkLn@Lion� n—vL(.t p Page 36 of 54 4260 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: o e- _ a f d -® L-X.. a_ Vendor FEIN: U-y o y_(-o —k Vendor's Authorized Representative: } - . (Name and Title).�._ ._W..._. Address: r- City: - _State. Zip: 3,3 "'3 -- Phone Number. vs 4 3 2 Email Address 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 othercredit methodsto 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 same. Certified By: .....,who is authorized to sign on behalf of the above referenced company. Authorized Signature: - Print Name: Title: Page 37 of 54 4261 APPENDIX ENDIX ,F,I . PART 1 CERTIFICATION REGARDING LOL38YINGI (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 behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed by section 1352,title 31,U.S.Code.If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction unposed by section 1352,title 31,U.S.Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor,-- . . 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 oftontpf66rls Authorized Official Name and Title of Contractor's Authorized Official ate Page 38 of 54 4262 DISCLOSURE OF LOBBYING ACTIVITIES Approved by oral Complete this form to 'i'N ,lose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 fee reverse for public burden disclosure)_._... ..._._ m .._ .._._w..n .,,,,. . . ... www...ww... ............... _ 1_Type of Federal Action: 2. Status of Federal Action: 3.Report Type: La. contract a. bidlofferlapplication 1 0i a. initial filing b. grant ), initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d_ban year quarter e. loan guarantee 9 date of last report y ...........................�www f. loan insurance _ ,'Name and Addres s of Reporting Entity: 5.ff Reporting Ent' m No.4 is a Subawardee,Enter �- ny' Name ❑Prim ❑swwxwdft and Address of Prime: Tier if_.__._ ingresncrnM District w.!fwo,.... Con rassianal District if l m .. ............. fr.Federal Department/Agency: T. Federal Program Name/Description: CFDA Number. ifgp_0 � .. 8.Federal Achon Number,ift � ff.Award S 10.a.Name and.A'd_"drress of Lobbyin Re•9�rstran't",­ b.Indniduals Performing Servic„eo..s(,i.n...c..-lu. ding address-if.... ......���������� (if individual,last name; first name, different from No. 1 (last name, hrsf name, Ml): 11. 1111111W—Ml-a ..d kwV-tha form a >.1-1 Ut Itll-d' LI mi 1, :rs'•n ignature, 1 J':1 Ths 1 II—rr J hLt•rv❑a 11,1 s 1 a «�.Yl n_r..l nv�ese�..Irn of LW »-,..—..a...b„-�----•... -.�.v,...�...».,,,,,�,,,,,,�.,�,� .,��.._..�,.,»,,,,„,.„, .y Cll —H m'rn wl 7L. �a errrred li:d_�rre i> ra;ured Nn�rerrM r„.dory?1 11 S C 1 i52 TAs Print Name: 11 hmr.)!"I'A*1x n Jm C[nUr•s i err n1-,. i W L�­A k fUl p,Ln --'-a A-O I,Il of,,�"�86 w��flc Ire resin J s. rc d k' '+o L yc lily' sl.zi�-rl•.: �c,i tri,,A!p•L rm Ie-s:4a„ SldOCIA m,!rr q,,,'hia 9'UJrjGO Fug +•.I,r I.Iv Telephone No_ Date_ Federal Use On Autt►or¢ed for Local Reproduction Slardard Form LL�v.'TMTI1 w_ Page 39 of 54 4263 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIV11TIES This disclosure form shall be completed by the retorting entity,whether subawar(lee or prime Federal recipient,at the initiation of receipt of a covered Federal action,Ora material change to aprevious filin&pursuant to title 31 U.S.C. section 1352.The Ming of a form is required for each payment or agreenwot to make payment:to any lobbying entity for influencing or atternpling to influence an officer or employee of any agency,a Member-of Congress,an officer or employee of 0mgm-ss,oran employee ofaMcinberof0mgress,in cvnivection with a caverW Federal action.Complete all items that apply for bolhthe initial filing and material change report.Refer to the implementing guidance published by the Office of MWmgcmcnt and Budget for additional information. 1.Identify the qw of covered FederW action for which lobbying actwity is antlJor has been secured to influence the outcome of a covered Federal action_ 2.Identify the status of the covered Federal action. 3-Identify dw apprWi;aie c ificm,ion,ofthis report If this is a follow up report cawwd by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of lastpieviously submitted report by ibis reporting entity for ibis covered Federal action. 4- adtfivss, -Include Congressional District if known.Check the appropriale classification of the rq)(Milig entity dig designates if it is,or expects to be,a prime or subaward recipient kle", ify the tier of the sulmwardec,cp,the first subamirdee of the prime is the 1st tier.Subawards include but are not limited to subcontracts, bgrants and oonwAct awards under grants. 5.If the organization filing the report in item 4 checks'Subawardet,"then enter the fall name,add mss,city, State and zip code of the prime Federal recipient-Include Congressional District,if known. 6.Enterthe mane of Federal agency making the award or lam commitment Include at least one organizational le-velbeluw agency name,if known.For example,lkpartment of Transportation,United States Coast Guard. 7.En Fetkyal prograninaawordescription forthecovered Federal action(item I)-Iftnown,enterthe fidl Catalog of-Federal Domestic Assistance(CFDA)number for grants,cwqxrative agmtment%loans,and loan commitments. S.Enter the most appropriate Federal identifying nurnber available for the federal action identified in itern I (e.g, Request for Phyposal(RFP)number,Invitation for Bid(IFB)number,grant announcement nurnber; the contract,grant,or loan award number,the applicatiaj/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-D fir 90-OOI." 9-For a covered f ederal action where there has been an award or]am commilment by the Federal agency,enter the Federal amount of award/lAyan commitment for the prime entity identified in i1cm 4 or 5. 10 (a)Filter the full name,address,city,State and zip code of the lobbying registraint under the Lobbying Disclosure Act of 1995 engaged by the reporting entity ide-n1ified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)perfixining services and inchide full address if different fivin 10 (a) Enter Last Name,FwA Name,and Middle hnW(MI). I I-The certifying official shall sign and date,the form,Fiat hisiber name,title,and telephone number. Aconding to The P4x:tvnvk Rc"�Akx'Ad,as mwaded,au,lmunwat tcquked it)mindkip it C(AkdhM ofint0juMion ankm it disptayS a valid OMH(Navutyl Nirrnbci.MvAW OMH(xm*w MWI=for,"infin"IAKNI au 4kctwn ts OMB Na 0348-4)04C mic rethming W&I,liar tW a4fectim ofinfowmaim is e-stimmed to weraw 10 minutes tax re'vMsx,imfuding finsa kw reviewing exisfing data gatktinp mid makdaimag,ft 4ba nec"AW"O"Vk-ling M4 mmic"ing the 4A)Wdim ofinfinnmIumt,Send wnuivms rcp yudingtk butdol estimaw,er,my Onto Y 4)r#*i5 Volk4um of infoymmictn'kwhAng 5uggemkim fix to4twing this btm*n,to tk Offrm of MaftWnicnt and lkwksi,Paperwork Rctluclhxj N)jcd(034"W),WxOlu,"m.W 20%). Page 40 of 54 4264 INSURANCE REQI1I E ENTS AND FORMS ONROE CO1.iNTY FLORIDA RISK MANAGEMENT POLICY AND PROCEDII ° ES 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 pm 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 Contactor. Attematively,the Conb=uw may require all 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 ifthe 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 41 of 54 4265 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 42 of 54 4266 P1 t P()SER'S INSURANCE AND INDENU4 FICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,0001$500,0001$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. INDEMNIFICA"1'ION,HOLD"A (LESS,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 inlenuption,and C&)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 AgmefrzenC(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 43 of 54 4267 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 terrains ian 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 DeDartment,jLf.jhe,T_reasu_q 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 shah it constitute a waiver of the sovereign imamwonty of the United States or the County. The extent of liabifity is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSEWas STA El 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. LA PROPOSER Signature Page 44 of 54 4268 j "" "" .1 I he",my f gars (S WO ft PMPOMF n d0ductf FIV two thd co ding poky. POLICY DEOW IBLES 1wmdy pow" Liberty Mutual Busineas ome( 4269 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. ContradorNendor: Project or Service: ContractorNandor 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 46 of 54 4270 1:06 M 10 s,lief 67%iw 00 Q C�� CERVICATE OF IJAWLITV INSURANCE I—j Awry r► ,WWA dr,rrwwrtw6i"d 601«a�mawa v a�da wa &d� rw r omdn t rai aa�s rrr D�Wr'Ar1A^MMyy gA7pw 1rDr iWVM1iMalq;%IpWtlwY 1'^DNMdrY1,AM w eMrlMm a6M w0.1A;AN tlNNY�A�CyA'dWAIrY A7M'd,NwNr,AM AVM r1M{MMA"PtkwM 14L'AgMMi AMr11 D'YIWgdMWJ4Mwl 1hM&X1MAMdMdCdk D11W11 dMNYw nMalrAlydrarrrl w aaurvlwrx IY61'wNMpMM Arrtll 1A�4MPGd,tlAwA1P.}'w, wN1ANIMdNAA'D�lmwnea�rrrwmrvdlArlArawrwx�Alar�rwaMwrwt rpwrMdAAlprAw FTY"a�1 ""r%u1 '" �A1�Mp raa�irirrd9i81 �„AIG3'91CIAria�""�anw�.awiwru�T"NI�wAnalw ro4 yrwMyRpy MuM1;HWM rM 1AM rdrlwA AIMiM IYwp,p�Mw 91f NdNy I M�Ndnpr A4w 1MdM'tlwgyGiM nrd Av+MWM4VwVN''w A4 d'Y1MdNMhM+aap IN�1 mWAdd�+ p1e �M4M:M1�'M0.tiw .. ubury MuM1ulnwnaw �, _. ,� ,., ppryrypp���@YN'NChfd{!'M,tlMd,1,R%TAIfA�'A1p ,. .• m9�Aq,.. 1114 avewn®, AA I _ ""Alk, e AW n wpw rAy r4wwr rdMnwgwa rMi r�nardlw rppiiur°Aei wu rtiovmwoo1'0 ti d A4 w�Nnr�rwkwrw r � �Iwr LJF� �rwwr.war" i..ru Mn l l ... A " N N eNMT�M1fl bA,dW1i'r w4Ns'FA.444 1'M°kfiP+N MN,PJw/rf M r W. ., "A'}CWCVlr.A�Y.'MASMr"xM r 1 ...,, ' IW A' XM4 MutrX` r �nvr�wrm �� e Gad w Tar wew m w D� r �timtl P w �w11p ......_, XAiryyWy�iAy4 1Np ...... 1N11M'r N wrRMNI 11 M rr .a % aM aM rw I1�.,N11�W A+yppx,p�rl A � ♦4.wMM{dwMlvaakr M��W'rWiY Mfs'��Niu,ir�r,M�rin.,u,r�rw uy,,4 b�W s#iU1i�.,. ,:••••••,•• "••••• d w 'p XkiWdl l4AI Tip rydr k1C MM�11,j rµy 7M ow 94 wills IkCk'�M1M9wX'tl'MWdd'W d1NA V+p1lA"1 Aawihl, I I W 01m5nfan ml w00gD og01W01 rM wtapornlrw�prgswwrMlrplwlwwwxdi nww'rlwl Np wry 4271 AC ...... . _ Y INSURANCE 0AT!(YYNDdYYYY) THIS„CERTIFICATE 18 ISSUED 09/2312024 AS A MATTER OF INFORMATION ONLY AND CONFERS CERTIFICATE OF LIABILITY 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., NP ttue caf9)INCats IiDIdoT Is en ADDITIONAL NNSt�RED,the pokkcyllsa)must have ADDITNONPAI INBUREt!pT1aVNsdD4TS or bo endorsed. If SUBROGATION IS WAIVED,subJect to the lama and condlGona of Me policy,certain pollclas may require an andorsanlent. A statement on MIA cortHlicat+a does not confer rI kTts to the carHticata hDlder In Ileu of ouch rend rsDlnant a. PRODUCER smiefarmBART BLESSING STATE FARM BECCA ROL?�II3NAElT� „ 3„tS2•I311/•1I100 3SN2 01�4.9'100 3227 SE MARICAMP RD BECCA BART13N.ESWNO.COM fNi11(R!d#ItlINAPrORC4ING OYERAti�P NAICr OCALA FL 34471 INSURER A Sla W Fwm Mulunl AL0011WIt1IIu kr1SV1#dC11d1 1aA w#wNw 2S178 w *,. ..... ,. _ .INSURED .....,_..� .„.„ .m....._-»,,,...... ,.,.._.,.,. _........ TAYLOR JAMES INSURERB:�a.... ---_.,-_ _ .wm..-....., ... ...._....._�.. .�.,I,.. ...ww.. R ,,., ...„.11 N OCEAN DR 1IU011R �.......,..... „... _.....ark ...... _e, .,.. -�, NNSURE'R o KEY LARGO FL 33037 VNSURlR r COVERAGES µ. ,,,--,,,CERTIFICATE SLE NUMBER: N REVISIt1N NIUMBER _ T_ENN,1_M TT4CS IS TO CERTIFY THAT THE POLICIES 4F IN d,kSTEO 0Ek OW HAVE OEEN ISSlTEO TC1 THE tNSIYRIO NAMED ABOVE FOR THE POk ICYm Pt RdCI61 ININC.AIED, I^IOIWIIHSTANDING ANY'REOUIRENENT,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. ' IONS OF:TENCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1P1 EXCLUSIONS L CdOMMBRGAL0ENa11ALL1Aa1l1TY .... POLIiC'Y„ YNNUMBER—_, .TIC.tlq„(C"Y'G?Tp"."...ID',Cl'C«"1T�. ."",.........""".., ...�.,. .. .. ........ ....TYPE OF,INSURANCE ADD"B'ITTp .. GENERAL IULI _ m p�a � . rP1��T�7, uN� m EACNCICCTJINRRNC^P � .._.. CLAIMS-MADE OCCUR �..„ ,..,�,,, .,..,ew�., ,.--.,,.„. ,. �,,....� „..,„,,. RNJU +� d+EfISONU aAOV w. EN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ,.� PRO. ........, ...-.,,., „ .. POLICY�PR LOC PRODUCTS-COMP/OPAGG $ ,.. ILsL.d. '1wIN,T'TI—NT'""'"""a,. ......... , ... ..�..w„, CAT fta AuroYo AUILJ LuealTr 59-6548 R76 09/20/2024 103/20/2025 „ ANY AUTO -- .....,._..,.,,.,_-... STX'Id1.Y I'N�'URY tPEI,IiILalrw.N, ,.�I00'OWNED SCHEDULED X 0I mm AUTOS ONLY AUTOS SwI1 Y'INJURY(PAI wsk.wr r+I .$ 3II0 000 AUTOHRED AUTOSNOR-O ONLY ,IIwk1I1FEIIT'k" T'T.AUTOS ONLY 'AUTOS ONLY %^ ,9M , .,.��,DDII ,. .. ,.,..,- ,.,. gym.. ..,,..�_.,, .�,,, .....,._ .�,......_.._.... ..-.........,.w..... ...... IIYBRELLALUI6 ...00CUR 116 IG ..........,m.e,.., ..m- .,_,.. _...... ..,,...,..i FJ(Cl eaLIAe C.kAp#,ISarAT�'Ii AGW90AIE. S 000 ANY P WORKERS CO ENDAY F,RFEA' .._�......w.m.. 4 ..� au.� .... Y1'OaRSTIS COMP@N 'IN *g A44 OFFICFRIMEL46FR R44I EIICLUOE07ECUTI VE . .G AtlUIL RII . U ABui4R"Y ��qy N/AP 1 E L 9EAC4 A[C#GENT #Irg**Oft undo? : � E V OV;I,I�ASE-FAU0)LOYCC$.,. W ......_.... ELOISFASE PTIL'dT:YLNMIT AMIA PIP P10 DlSCIUPTION OF OP[MTIONB J LOCATI ONS 1 VEHICLES(ACORD 101,Addltlmal Remarks Schaduls,may be Nuefrod If more space Is roqulred) 2003 CHEVROLET EXPRESS VIN: 1 GCEGI SX631236311 _ �.. � CANCEN,LATION ...__ n �......x. ... CERTIFICATE HOLDER 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. 1100 SIMONTON ST AUTHORI=REPRESENTATIVE Completed by an authorized State Farm representstive.If Signature KEY WEST FL 34040 Is required,please contact a State Farm agent. ......... .. �.. .� .... ....—.a�w .. ... ,,­__�,,, ,,. _ _ ) The ACORD name and logo are reglStered marks of ACORDRPwOMkT10N. All rights reserved. 01#08.20'1 S ACORD ed. ACORD 26 2018/03 1001486 132849.14 04-13-2022 4272 ,Iam,�lx P�t1r CHOP�Atraw rRSPt STATL"OF FLORIDA OPPAR"MEINT OF 14NANCIAI WAVIcpS DIYPWON 0'I~ft"Hvttgt COMN4INRAT4ON ••CMTIPICATE OF MftTWN TO IN TU NW7 FROM FLORWA WORKERS'0ONPENSATION LAW CON"licTION IMONTRY EXEMPTION TMs tsroft that Ihs hdvldual Meted below hae elm"m be sxamp hom Fladda woAsm-ComPanWm EPFl"M DATE:XY24 M4 cP*AT1o44 DATd: fr44mm PeRSW "TAYLOR L JAME13 kMAX: TAYLORJAMESAAWTINGOYAHOO,COM • 01404,1044 840NE" AND ADDRESS: TAYLOR JAMES PMNTING LLc 11 N WFAN DRIVE KEY LARGO.FL 93 ? T14 gvo:tWcatq,at 4jQttkaar 14J 110 rdxgo#1 y Is NO't��m oanslar Isalma by the O"p ilow mrI 01WN'lxs and txrlrl'asslonal Rasufa G .1*m4 40111 It uia cojjuk Iq hfwr the or to a I ralu9rnd��h ra to txhdr em 4ra4c tovontyr Id rpxo 01 Mra cgrrdjj(, a hokkot,go mmi www,rrpV l,tr l ar xdl ° +ama+CrawrM Pll xMM asxwb R w N rr « "" �aw«r,w anmrr»m S rwb 4 rw rre rAc u + rerxm 111POR tANi P`mmamrxw^x yr AOwe4n�1aVaxwmep,PA,m a twdrKgw«aw a mm rror+n nlem nw q a ��� 1"rmfYJiWm�,pr�, r!kMiW,vt WlWaaaMrwlaaa P'yryyq�gl Ml iWrYilWLmurApr� 1 px, R YIR171 4 fidP m"rrrrmYl AdM4tlYpr'r/rM rrI''i��YQd�MiMf60�r�d`Ik#'ntlMlY�'x)r ;� Mr!(,�7WWtl�m4NA�ntlampV r""�., ICItlxN,al�rr,A4'WY Wmlgp rrawrr rr, �'X�rC''b�:rw lrx raeN S'M9NgYaar{, 1mxa�Iba lar+mamvxllarrr aY dMl #'1 r�rv�MwaNr+rdrraia�r �°awaroa+ kn�rvmnastWrm,iuxa�rtmuawax rrtaaumarhara�p4 �rru�mrru�ta�auM� •M'MrN�x r4a%aM at law r'+ak4uxrx aWimMvYax rpw rNq a�Aiwti p��amutl'�p�a'VP 19wraa�,�'+Il hw Arra+:rvG�pm�4 a+wddWC.m�vr 1rvXn�,p�W4t lbw; aA1MYl Ylr x�NIkwMN�mr1 MF eamr&x�w aµ ea1V1 RAP t«mrz°n�rC• LRIPI7rPlt:N ttm MJr al4CIM ToBH axiMPF 4R1dV 6^r,II•b4U} CA.C,lievilro"111W3 601//0714 Qu@sTIQNBa 0a1419°1@m 4273 C LCIp�T6 SECURITY NAT[ONA �� III TIVICATIO (AW II1:iN4,q l I d I T t V IA l" VIC CAI E IN^ '11 ,1h. ..... COMPANY IDE H K ATId"N t ARD PO K1 NUMBER I COMPANY CODE; EFI'ECTIVE DATE SECURITY NATIONAL INSURANCE COMPANY (J004,132214 y 10p-y01U9R5y2 N 11/09/23 i 1 R � MPANY CODE @•,k�,W �I"I VET DATE "I"1^„+i, �) IN BODILY INJURY LIABILITY "" ��I 'I I" "I"� IABILI"I'Y INSURED 2900DILY'INJURY LIABILITY TAYLOR L JAMES INSURED TAYLOR L JAM ES YEAR MAKE MODEL 20w CHEV PXrS;1 G1500 YEAIt MAKE MODEL VUll(I h"MEN I II„ICIATION NO. 2003 0'1RV I XPRIII'SS C11500 1(a4";FIG$5X61t216311 � "111(LE1DINIIFICATIOp NO, Not Valid Ore thaal One Year from Effective Date t( �."1 t"&5��"�a�1�r 11 u �r600 (02tjIy Not Valld loi IIIaI1 00(l Year frog l Eff tjve 'Date - 61,1419(117111) 4274 A 1 �A;�NI CORONAVIRUS'STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT Page 48 of 54 4275 OMB Approved No 1505-0271 fxpiralion[lore:1 002021 1 � Q�tl�lf"rIV&'1<'OAf�YU'u'"�rW�'n"INq�':"Vplro."��U:JIG" 4;kkRtYNAVR CS,SF,kfl-,AM)WC-U,1FIS("M RU{2;'61Vn°:RYIY"A;"a'DS Recipient name and address. FAUNS Number:073976757 - Monroe County Board of Commissioners Taxpayer Idenlilicalion Number:59WO749 100 Simonton Strek-L Rwrn 2-213 Assistance Lisling Numherawtd'I'itk:21.027 Key 1i esl,Florida 33040 Sceliuns 602(b)mW 603(b)ul'thc Social Securily Act(lhe Acl)as added by sccliun 99111 ofthe American Rescue Plan Act Pub,I.. Nu. 117.2(:"l,atc:h 11.?b"11 I onrlloartres 111ac Fk pari,ncnl nfllte 7'rw«y�lrn('1"rrozasarry I w rwwal a paymcrttc to certain r,.cipi ra from the Con-civinks Sluts Fiscal Rww;a+very Fund and the C'oronavirus Cocal Fiscal Rteovvey Fond. ReaipieNs hereby agrees,as a condition to receiving such payment Prom Tremury-_&V=.%to the terms allwhed hereto. Recipier ; Tina oa Date' 1yr 00 2 911Boon Ds11 2(1?2 Clli iI2 09 I,:02 04, W Authorized Represealaliwe,Srbmst" -._.. ere(shore) Authorized)Reprvscntalive\amc: Tina lion *. Btrdal&Financ� Authorized Represcalauve Title: 5vm v��cror ar D . ...."e Date Silpwed: 1�.5.lkparuncnl 01'dlu'Treasury: Authorized ke sw lw_" arRiwsk Sigrrsture(above) Authorized Representative Name: Jacob Lcibenluft Authorized Reprearnullive Tills: t.'htel Rt ow (Afi,er,Mice o1 Rntoa ur+Pr ams _._ _ ..._ m.._... ,..� Dow Si(pted: May Id.2021 P,��PEuEtia�ORI,:iRrtAtkd�"TRAM A.k'lr NOT[CIE IX'heWoeend6onvfmkVwowwd"MNw0dif"awfl°SGmroa hNj"e%%IWsaryuMI9Oros—WmUlINN09Gk0 et6v%ul-]vM Wk nlraWk%giauo' 1M,wfm J,B,In uS�$PlPufurn vi o4 Wtkew t.gdiw IN l0.m M.N we;n art^aim"914.gay,"„4w9 mo yr IIhk h➢Pdt'a 6^hot"9u.",oI w9@I(E'goI wtl•m.6's b(A,GfI yg fl,f,9ww"A'sw PwBo4l Na1,4o�104 0ww rtxa(WI,:a^uvw°Niv00% Nowr4w7,wo.uppanUN'^xwerl%.f'd+fm#wwtuwd,Ira 1"emw�uar�..A.7GI Pvrnwpw•tPaMA:k"C_M%V Ih,unl9dgdmrru to y":'fib„yN x,'y+r.;OOT%royal JV 0 ff w W aI,ro arch OC's Aor dggmwn Iaua:?loan C,.Il mzr a,,sr>rovovaw,m I d a ryxI"oi,is n M ir"Ilaruweui Ire io,.a ofl I(',;U 1"0 p'�oR'cwnvufo9�d�v u.uaulm'�m iP ahtilvkuq lv r,wMid gx%10 0 R urankwruu wlia«Opgoroa b Pn,•.6DR.Olu Page 49 of 54 4276 II$1031ARYMENT OP TM TRRASM MRONAVIRUS STATH FIWAL RECOV8RY FUND AWARD TOR NZ AND COMMOM I.MAILuffunk IL ILmraItaaarMxxbls lwr �Islaaswl tlrimadkyra bsr cwrrjmww'dlaaijarrua p a: a E +I"tRan�aar ruw»tyArt(dwAo)anduvmwy's jv#uWjowjmp s ra U",W"urrwrs"Igiriahujj4, bt IRaxalawato WAl alklaxa wx Vsks arcralp jjgl aof IXOJ001 mll Ouxuskaara tpastit ham the s rCrtu Gi+arrml,merpgaial,and li ill gapAH10y toonage proper p6muwrg.Iwma prrmarajt"outc tnip"aaad . .Jlw�OUVfixamm The polac of ^wfiamaaw;e Rw th"enawal 198ins MOW Aft Iewzrwfaxi auk 00 OftemIxr yl,AM&As f a "l"'Ialawl wy"s ial ronl�parg� i�Ilarwip sat amp �d foals brcowa cla wl+t r e�wureaaIaul rhrrathopeliA tllmt�Iw'ass Motch;I,2021 owlexhwen flcaawmrbor I'l,,7%' ^,IM, Ittd'R.Rated ah�ea b amPhy w�09�Patirg a�galilruaw,as aahfablishhpd by 7raKray,ahs i arebrtas b This awand. e IRwacilroicrlt aaadwuau wwwxawln anal asl uLa msawaama naeFpicj�zut Nar nrrue aw n mljlaeaataj wudCj saliujwe OqsI and (a a I"r y"t raglabutaans jmjlrlaolwadijlg sa c�uaas gIa t '+I I th oaliillillhar atwsof bL ThVIrMUNNY Offma of Impactor Goeoral mod,tha GVe r" xxa d*Nldy i a's dwa wtkvucd mps arrtmlives, Irm ft, F%M mi to (e a i )urfRatp mac,�mdm, sawsatakr urwwwasl*0iamra #ma by Raeipiar fur sp riod aifwe(5)yeas mdkr el fmda have been v.%fwtwkd ar rmwaed to l"reaaaay,wrhialvycl as bwta. 5JWtft l..CwL%.Reawmd oo ft sa defined i,2 C.F.R_12M.45&try eot ba poid with furKKM boa this wind, t Reapiaf oay oe Gaedspwidedmdortb�sawardtoaarabdh ducclandiadirecteads IXOdWMXS-Cgd shbosM or mwalc'hms famit am not raq&*W lobe provided by Reeipimet. 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NNacwtwwo Vale �wnlwoc ot`ftaatNaw,waaxoatC7tN"irrwoN PARMTHM MESr;iIMM MY HOME no k&qmmwa WBKW wMaw �41A wtY�tF�tSt �wtwrrsc r91i 1 sewn eamuad bra try I�a4w uF k"is i I ew prr C" wwwn pNwlw y++d rwgtl irwrz '� IJWh twr wluaCtcrl awrrt art y K t'a to At Alm«KW,twl tit",SMVONOTandaw ANOMI&VA&*Uk*A,Awapmacysoy am omAd wow V."a ma pwptgwwr ipM o l�YredVrwt wra�t to wN�a N% tf�r rk G ar, ��y coward ���a P rr rwl$t ��t bgv�. Page 54 of 54 4281 ATTACHMENT B TAYLOR JAMES PAINTING LLC PROPOSAL FOR THE KEY LARGO BRANCH LIBRARY 101485 OVERSEAS HIGHWAY KEY LARGO, FL 33037 BUILDING PAINT EXTERIOR BUILDING AND TRIM 4282 Prepared For Kevin Dillon - Monroe County (305)363-9200 Taylor James Painting LLC- License#SP21473 Estimate# 414 11 North Ocean Drive Date 10/29/2024 Key Largo, Florida 33037 Phone: (305)393-7235 Email: taylor)amespainting@yahoo.com Description Total Key Largo Library $8,350.00 All cement surfaces will be pressure washed prior to painting. Any loose or falling paint will be scraped,patched,and spot primed, All hairline cracks will be sealed as needed-either with caulking or elastomeric,depending on the size. All surfaces not being painted will be protected-floors,kiosk, bulletin board,windows,etc, Once prep Is complete, we will apply two coats of finish paint to all cement surfaces-walls, ceilings,and columns. Labor-5750 Material- 1,250(25 gallons Sherwin Williams Duration Exterior) Boom lift-1350(1 week) Key Largo Library- Trim $6,450.00 All metal surfaces :green window trim(front and back of the building),green entry arches , "Key Largo Public Library"lettering, brown metal facades(front x2),brown entry light fixtures-will be pressure washed and lightly sanded,as needed. Voids in the window trim will be sealed to prevent water intrusion, All chalky surfaces with oxidation remaining after pressure washing will be cleaned with solvents to ensure adhesion. Once prep Is complete, we will apply two coats of DTM( direct to metal)Industrial coating to all specified surfaces. Labor-4700 Material-400 Boom lift- 1350-(may not be required if Included as one total bid*) quote is good for 120 calender days 4283 Subtotal $14,800.00 Total $14,800.00 4284 ATTACHMENT C ADDITIONAL BID REQUESTS PRECISION CONTRACTORS OF SOUTH FLORIDA, INC 4285 fib �C Aa PRECISION CONTRACTORS : 786-759-3555 October 30th 12024 Key Largo branch library 101485 Overseas Highway Key Largo, FL 33037 ATT:Kevin Dillon RE:Library building(trim)paint project 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$21,500.00 This project is proposed to be constructed and reach substantial completion within 20 days from the date we receive the deposit to proceed. Scope of work: • Isolate sections to be worked on with barricades and caution tape • Remove shutters • Pressure wash,scrape weather proof and paint store front trim • Pressure wash,scrape weather proof and paint overhang trim • Pressure wash,scrape and paint large window like trim grid • Pressure wash,scrape,fix and paint letters at parapet • Pressure wash,scrape and paint wall mount light fixtures • Leave area clean and debris free * Note: This price is good for 30 days due to material availability and daily price increases. Precison Contractors of South Florida,Inc. 1 Phone:786-759-3555 Email:Jr 4286 PAYMENT SCHEDULE: Balance at completion: 100% $21,500.00 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;CNSi�7[sD�rar o�dp��gbt�G rraaskp�aror'ma 4287 Precison Contractors of South Florida,Inc. 3 Phone:786-759-3555 Email: 4288 �I _-... 9% S� ._.... PRECISION CONTRACTORS PH: 7 6-759- 55 October 301h 2024 Key Largo branch library 101485 Overseas Highway Key Largo, FL 33037 ATT: Kevin Dillon RE:Library building(wall)paint project 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$24,700.00 This project is proposed to be constructed and reach substantial completion within 20 days from the date we receive the deposit to proceed. Scope of work: • Isolate sections to be worked on with barricades and caution tape • Pressure wash,scrape, patch/fix stucco,weather proof and paint all walls as specified(color DBT) • All work to be done during daytime working hours • Leave area clean and debris free * Note: This price is good for 30 days due to material availability and daily price increases,. Precison Contractors of South Florida,Inc. 1 Phone:786-759-3555 Email: , � pracf�arroca�trccp�sflwcropw 4289 PAYMENT SCHEDULE: Balance at completion: 100% $24,700.00 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. Z Phone:786-759-3555 Email:Gy„wxbna.riai drrbasum�l.c.gi]�wV, syrl 4290 Precison Contractors of South Florida,Inc. 3 Phone:786-759-3555 Email .It aq!a i(�p�t;,eegoivc�nkrc,it�rsfl,cxrm 4291 ATTACHMENT D 2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FOR: TAYLOR JAMES PAINTING LLC 4292 i i' 4293 ATTACHMENT E MONROE COUNTY GROWTH MANAGEMENT - BUILDING DEPARTMENT CERTIFICATE OF COMPETENCY TAYLOR JAMES PAINTING LLC 4294 W EM", 14 collqlq,mll PNUmjjlp'"' MUNR,X C01VVY G114UW1 I MANAGEMEN1 •111l ILDNGDEPA,0'!1'U"MEIIIIui8l' u re v'V"w' d.;ni,vmawwu om H�qpoyq'q w uuYwrry,ru a:P'Ir �:%'j "djj I a.r";'w m�'­� No"m Koq'M", IWI�As'10A M,0111011V a uA P(:jQbj1 4110 1:C I'lb, K'51 45J"'161 CERT111!11CAYE oiwl;! y_A_ 14"'OF I op Cowjjp Iwlcy hvlqm'v '�rca 'mwli�Iom You h v'c 'qpvcl lu alwdo I)y lh�� Mcwlqw 'uvW 6 23� Ill[,,Ihl�� yrl IINM)l Itl I w1ohIv YOrVw4 w)ffjjjjwu In'vdonn oll, M Iy foqj'I I to Inw wXpbjq ]I d I Ill ,A)dIlgipm,U"(comlOvllinii9 Hilo,14;ow': 'WWW11 Aildle, I" lw!om 11[11mlo'll firfln oow;wowq "haiR uuil" pwhmni wolK(wl Rwfl hm ui y0lik owdw IlNy "00poove-lon Xjij binukinIll ail lccwvfl co nil m'Ir;w or "IMN ml�y ht glwlv wl"11 11 Iho qiL aIlhn�hw�[qw )jqjjX qv'v N01 1141 wlIoyw 11l oll wsful bl�'"'wolufm lldlivldW0 w najljnjjpany cilllw 111,11af Me k(qvlo hIvwlo b1f fury omAmclion �'ow've wc�lvv'p'l,��I:'lv'9��� enni,m:�In dn�'Ycok jp"I�o pvnw l "d you do nig vyQ'cd W III'Mi'W"LiVi rip llir�� MONROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT CERTIFICATE OF COMPETENCY ,T certify that the contractor listed Is in good standing, Issue date: 07129/2024 This certificate according to law of Expiration date., 110131125 ccimplGINIOCY is valid and In force Qualifier: JAMES,TAYLOR LEE unless revoked until the noted Company name, TAYLOR JAMES PAINTING LLC expiration date below. License type, PAINTING&DECORATING CONTRACT (SP21 County license., SP21473 BUILDING OFFICIAL RECEMPT P AMOUNT PAID $ 0.00 Or 4295 ATTACHMENT F LOCAL BUSINESS TAX RECEIPT TAYLOR JAMES PAINTING LLC 4296 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30,2025 Buelneae Nome: TAYLOR JAMES PAINTING LLC RECEIPTY 30140-126205 owner Name: TAYLOR L JAMES Business Loesllon: MO CTY Melling Address! KEY LARGO,FL 33037 11 N OCEAN DR Buslnsae Phone: 305.393.7235 KEY LARGO,FL 33037 Business Type: CONTRACTOR(PAINTING Employees 1 COMP CARO:91321473 Tax Amounl nsfrr Fos Sub Tole! I Psnehy tl prior Years Collectloo Coat„ITo!sl Paid 2u.G0 m, O.OD 29.00 p{ a tlk7J up 0.00 0,04 85.00 Paid NRB-23-00077892 07/11/2024 25.00 THIS BECOMES A TAX RECEIPT Seim,C.StNl41,CPC,Tex COI14a 0r THIS IS ONLY A TAX, WHEN VALIDATED PO BOX 1122,Rev Wait,PL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING,ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RIECEIPT PA Box 1129,Key West,FL 33041.1129 EXPIRES SEPTEMBER 30, 2025 Business Name:TAYLOR JAMES PAINTING LLC RECEIPT# 30140-1262G5 MO CTY Owner Morns: TAYLOR LJE3 Business Location: KEY LARGO,FL 33037 Melling Address: Business Phone: 305-393.7235 11 N OCEAN DR Business Type: CONTRACTOR(PAINTING) KEY LARGO,FL 33037 Employees 1 qqq COMP CARD:SP21473 Ipt pp fff N Tex Amouunnt Transfer Fee S. j Sup-Tole) 26®®(penalty D 00 11 Prior Yeses 11.00 lCollee!lon,bo60 JTetel Paid I Plaid WRO-23-00077892 07/11/2024 25.00 IX u} 4297 Monroe County Purchasing Policy and Procedures ATTACHMENT WS COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- Xerox Corporation C ntrqct g 072778900 Effective Date: "'" 4 6/1/24 Expiration Date 5/31/27 Contract Purpose/Description: Lease of Multifunction colbr printer/scanner/fax Model AltaLink C8155, A 36 month lease. Maintenance plan includes consumable supplies fvr all taints and pricing is fixed for the term. The State of Florida contr8ct,#440OOiOOD-NASPO-1,9-ACS governs, along with the term and conditions set forth in the order agreement 072778900. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Abra Campo 3471 County ,attorney/Stipp#7 CONTRACT COSTS Total Dollar Value of Contract: $ 11 Current Year Portion: $ 1,�41,0s 4 metered copies (must be$100,000.00 or less) a } 7 (If multiyear agreement then requires BOCC approval,unless the gos�fl cuwuk e�m,auw c E'd00,000 00 or Budgeted? Yes❑■ No ❑ Grant: $N/A County Match: $ Fund/Cost Center/Spend Cate o : 001-67501-6 44d-00,050 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO 0 CONTRACT REVIEW Reviewer Date In Department Head Signature: Robert B. shillinger County Attorney Signature: Christine Lim be rt-Barrows Risk Management Signature: lbr- Purchasing Signature: Lisa Abreu Dateel202403ly dby Lisa A7-0 Dace:zoza o3 zs 1a13s�-oa oo �}.� John Quinn Digitally signed by John oulnn OMB lT/{�) Signature: Date:2024.03 zs 10 3211-oa•oo• Comments: Revised BOCC 4/19/2023 Page 84 of 105 4298 '/ r Customer: COUNTY OF MONROE BWo: COUNTY OF MONROE Instal: COUNTY OF MONROE ATTORNEY'S OFFICE ATTORNEYS OFFICE STE 408 1111 12TH ST STE 408 1111 12TH ST KEY WEST,FL 3304D-4088 KEY WEST,FL 33040.3005 State or Local C"emment Negotiated Contract:072778900 r! %I 1.C8156H(XEROX C8155H) Br Finisher-213 Hp Lease Term: 36 mantles Xerox C8070 51N 6TB455804 4/23/2024 1 1 Line Fax PLffchase Option: FMV Trade-in as of Payment 49 Convenience Stapler Customer Ed Analyst Services l/ :;o r/ / iaa,//1,/%//i„/,,.// 1.C8155H 5323.51 1:Black and 1 4,000 Included Consumable Supplies Included for all prints White 4,001+ 50.4040 Pricing Fixed for Term Impressions 2:Color 1-Z800 Included Impressions 2,801+ $0.0390 Total ' $323.51 Minimum Payments(Excluding Applicable Taxes) rrrrr, ; ,r BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA nMaraxor:COU rr e'raoru BY Christine Hurley, County Administrator a��r�Pp�sro =Z1 CHIUNFINE LIMB ASSISTANT COWN ATrOPMY f n • a, DATE. YLU—......o Customer s of this agreement Thank You for your business, which canslsts fts face page. This Agreement is proudly presented by Xerox and Signer: PRINT NAME HERE i 295-3177 g�Budde Monroe Cou e s -W'M4�Wn, Robe . Shilling �~~ °�ry For information on your Xerox Account,go to +. Sig wwwxerox,ERV � Robert Shillln r Coun Attom �� rrr,,»,,,,, y > �. �, >, ,,, ,,i„;.,,i,,; ,em,,,,,../iai,i,,,,,.,,,,a<,� %/�/i/,/ i,,,%l/,�/ r„„ ii,.%% WS�OH4970�OVNM24�10:28 49 Confidential W Copyrights�2000 XEROX CORPORATION.All rights�rmeserwved-����P�qgel of 2 1 3 0 5 5 2 5 0 1 0 0 1 0 0 2 0 4299 xeroxm 1�¢077^,an�i i r ii lita�rorc�s INTRODUCTION: encumbrances.You will then be released from any further payment obligations beyond 1.NEGOTIATED CONTRACT. The Products are subject solely to the terms in the those payments due for the current fiscal year(with Xerox retaining all sums paid to Negotiated Contract identified on the face of this Agreement,and,for any option you date).At least 30 days prior to the end of your fiscal year,your chief executive officer have selected that is not addressed in the Negotiated Contract,the then-current (or legal counsel)will certify in writing that(a)despite reasonable efforts to obtain standard Xerox terms for such option. sufficient appropriations,funds have not been appropriated for the ensuing fiscal GOVERNMENT TERMS: period,and (b)you have exhausted all funds legally available for the payment of 2. REPRESENTATIONS & WARRANTIES. This provision is applicable to amounts due and to become due under this Agreement.To the extent permitted by governmental entities only. You represent and warrant, as of the date of this applicable law,you will not use this non-appropriation provision as a substitute for Agreement,that:(1)you are a State or a fully constituted political subdivision or agency convenience termination. of the State in which you are located and are authorized to enter into,and carry out, PRICING PLAN/OFFERING SELECTED: your obligations under this Agreement and any other documents required to be 4.FIXED PRICING. If"Pricing Fixed for Term"is identified in Maintenance Plan delivered in connection with this Agreement(collectively,the"Documents");(2)the Features,the maintenance component of the Minimum Payment and Print Charges will Documents have been duly authorized,executed and delivered by you in accordance not increase during the initial Term of this Agreement. with all applicable laws,rules,ordinances and regulations(including all applicable laws GENERAL TERMS&CONDITIONS: governing open meetings,public bidding and appropriations required in connection with 5.REMOTE SERVICES.Certain models of Equipment are supported and serviced this Agreement and the acquisition of the Equipment)and are valid,legal,binding using product information that is automatically collected by Xerox or transmitted to or agreements,enforceable in accordance with their terms;(3)the person(s)signing the from Xerox by the Equipment connected to your network('Remote Product Info")via Documents have the authority to do so,are acting with the full authorization of your electronic transmission to a secure off-site location('Remote Transmission").Remote governing body and hold the offices indicated below their signatures,each of which are Transmission also enables Xerox to transmit Releases of Software to you and to genuine; (4) the Equipment is essential to the immediate performance of a remotely diagnose and modify Equipment to repair and correct malfunctions.Examples governmental or proprietary function by you within the scope of your authority and will of Remote Product Info include product registration, meter read, supply level, be used during the Term only by you and only to perform such function; (5)your Equipment configuration and settings, software version, and problem/fault code payment obligations under this Agreement constitute a current expense and not a debt information.Remote Product Info may be used by Xerox for billing,report generation, under applicable state law and no provision of this Agreement constitutes a pledge of supplies replenishment, support services, recommending additional products and your tax or general revenues,and any provision that is so construed by a court of services,and product improvement/development purposes.Remote Product Info will be competent jurisdiction is void from the inception of this Agreement;and(6)all payments transmitted to and from you in a secure manner mutually agreeable to the parties. due and to become due under this Agreement are payable from sources other than ad Remote Transmission will not allow Xerox to read,view or download the content of any valorem taxes.Your payment is due within 45 days of the invoice date. of your documents or other information residing on or passing through the Equipment 3.FUNDING.This provision is applicable to governmental entities only.You intend to or your information management systems.You grant the right to Xerox,without charge, remit and reasonably believe that moneys in an amount sufficient to remit all payments to conduct Remote Transmission for the purposes described above. Upon Xerox's due and to become due during the Term can and will lawfully be appropriated and request,you will(a)provide contact information for Equipment such as name and made available to permit your continued utilization of the Products and the performance address of your contact and IP and physical addresses/locations of Equipment and(b) of its essential function during the Term.The person in charge of preparing your budget ensure that any Maintenance Release or Update released by Xerox to provide security will include in each of your fiscal budgets a request for the payments due and to patches,releases and/or certificates for the Remote Transmission and/or Software is become due under this Agreement in such fiscal period. You acknowledge that promptly enabled by Customer upon notification by Xerox or by the Equipment or when appropriation of moneys for payment required under this Agreement is a governmental otherwise made available on xerox.com. You will enable Remote Transmission via a function that you cannot contractually commit to in advance,and this Agreement does method mutually agreeable to both parties,and you will provide reasonable assistance not constitute:(1)a multiple fiscal year direct or indirect debt or financial obligation;(2) to allow Xerox to provide Remote Transmission. Unless Xerox deems Equipment an obligation payable in any fiscal year beyond the fiscal year for which funds are incapable of Remote Transmission,you will ensure that Remote Transmission is lawfully appropriated;or(3)an obligation creating a pledge of or a lien on your tax or maintained at all times Maintenance Services are being performed. If you are unable to general revenues. If your governing board does not approve an appropriation of funds maintain Remote Transmission,or if Xerox disables Remote Transmission from any at any time during the Term for payments due and to become due for a fiscal year Equipment at your request,or if you disable Remote Transmission from any Equipment, during the Term,you will have the right terminate this Agreement on the last day of the Xerox reserves the right to charge you a per device fee for such affected Equipment fiscal period for which sufficient appropriations were received without penalty or due to the increased service visits that will be required in order to(x)obtain such expense to you,except as to the portion of payments required hereunder for which information,(y)provide such transmissions,and(z)provide such Maintenance Services funds have been appropriated and budgeted.If you elect to terminate this Agreement, and Consumable Supplies that otherwise would have been provided remotely and/or you will return the Equipment,at your expense,to a location designated by Xerox and, proactively. when returned,the Equipment will be in good condition and free of all liens and WS BH4970 03/26/202410:28:50 Confidential-Copyright©2008 XEROX CORPORATION.All rights reserved. Page 2 4300 1 3 0 S 5 2 6 0 1 0 0 2 0 0 2 1 XeroxO Altal- inkO Color Multifunction Printer The Ideal Digital Workplace Assistant for Demanding Teams MOWN MIMI t� , r o„ T t IrI I M"' Con n ectKey° ' Technology •. IIIIIIIIIIIIIIIV TM 4301 Xerox' AltoLink° C8130/C8135/C8145/C8155/C8170 Color Multifunction Printer Want work done right? AltaLink will help you do a lot more than just print. You can automate document workflows and connect to the systems that run your business — seamlessly. Protected by comprehensive security features, they are true Workplace Assistants that will free up time for you to do more of what really matters. A II''uli'kI":uII)&JC1IVIE Wf":ulRK F:XIP1:1 'kI:F:INCl: simplify time-consuming,repetitive or l:::0IR, AI.I.. complex processes as your business evolves. XE!!ROVI 11 C01hil'Ni !':t IXi'Y�,"1 &�;6.1 IFI t'I�..0 I:I M Feel right at home instantly with AltaLink. Simplify IT support as your fleet grows. 'I' The intuitive and personalized tablet-like Fleet Orchestrator allows you to adjust Intuitive User Experience interface balances simplicity and efficiency, configurations and settings on all your Enjoy a tablet-like experience with gesture- and reduces steps to complete tasks with a devices at once.Perform interactive training based touchscreen controls and single tap. and support your users right from your easy personal zation,plus simple workflows desktop with the Remote Control Panel. and functions. Native mobility features,like Wi-Fi Direct Mobile and Cloud Ready (optional),make it easy for workers to print Be more mobile with cloud-hosted services and t"0M I Ili Ik.IN I up I X Ik: 'iw I I":&.I li' l'I Y from their mobile devices and access the instant connectivity to cloud and mobile devices advanced AltaLink capabilities such as Xerox" Stop threats where they start with the rightfrom the user interface. @PrintByXerox App,Google Cloud Print'",Xerox° comprehensive protection that's trusted by Comprehensive Security Print Service Plug-in for Android"'or AirPrint°. the most security-minded businesses and Prevent unauthorized access,detect threats and protect data and documents with built-in Alta Link devices bridge the physical and governments. comprehensive security features. digital worlds with apps and advanced Built-in security,including the AltaLink Trusted Enables Intelligent Workplace Services scanning capabilities that allow you to Boot that protects the integrity of the device Seamless integration with Xerox Intelligent digitize,route and process information in a start-up process from malicious actions,McAfee' Workplace Services delivers next-level snap.Automate tedious tasks to save time whitelisting and integrations with McAfee ePO workplace efficiency,employee productivity and reduce errors. and Cisco ISE that neutralize threats instantly at and security. Translate documents to 50+languages with the the device and protect the network.Configuration Gateway to New Possibilities Watchdogmonitors and automatically Transform the way you work with the apps in Xerox"Translate and Print App.Convert hard y the Xerox App Gallery.Or have one of our co to audio for easy listening on the o with remediates critical IT defined security settings. PY Y g 9 partners develop a custom solution for you. the Xerox"Audio Documents App.And get your Native Security Information and Event Find out more about how you'll work handwritten note off the page and into the Management(SIEM)simplifies reporting smarter at www.c1r,nim v"P tKey.cruinrn. digital world with the Xerox°Note Converter App. and management of security events.And integration with Xerox'Printer Security R I G Wi IF I:.I.. 1:II Ilk 1:lV E:Ilk Y IN Ik:E II';I Audit Service,available as part of Xerox' Intelligent Workplace Services,helps maximize Big jobs,small jobs and everything in printer fleet,document and content security. between—AltaLink can be customized to do it all.Your choice of finishing options and Y type y . y High-resolution output of 120Ou Eyt�� accessories means you can configure our I,0I..I:u IF W H k:lll'I E I.I CO&.I II I1„ device for an t e of document. 9 P x 2400 dpi and best-in-class HD Super Fine EA Toner plus The speed of business has never moved superior color rendering and consistency will so fast,but the AltaLink makes it easy to � keep u give your documents clarity and impact.You p p can also upgrade our AltaLink C81O0 Series �(U/o, �'rPr P g Y � j s--- Stay in the fast lane with access to the Xerox° with the Xerox'EX-c C8100 Print Server lApp Gallery.It's your gateway to an ever- Powered by Fiery°,delivering more options growing collection of apps designed to for professional-looking documents. 4302 Xerox' Alta ink° C8130/C8135/C8145/C8155/C8170 Color Multifunction Printer M I�VII Single-Pass Duplex Automatic &.D S F,R, 11f INTERFACE Document Feeder(DADF) �Urtir/�1 g Intuitive Tablet-Like 10.1-inch saves time by simultaneously )I rA Color Touchscreen is customizable scanning both sides of two-sided lets you perform tasks in just a documents up to 270 impressions ,t Ifr1 and few taps.Try it out at per minute(ipm). xm,rma�x.a:a.:�oriu//Orronll.,lr�II�I':l flI:DI:D&.if ii j'Ihl hi 0 V A T f A I f II:C:1 1 Ohl 0 l..0 G f I1S i i Xerox®Integrated RFID Card l,:roAfsl`IR ICOhIr,&.D.f..i 7 r t u, /` Reader(optional)adds card-based Two 520-sheet Adjustable Trays(common az authentication with support for over m7NYID1, Lyuyitrv!awFro,r r l�� 90 access cards. with all configurations).Tray 1 handles media sizes up to 11.7 x 17 in./A3 and Tray 2 �A� ffP1 pig r Near Field Communication(NFC) handles media sizes up to 12 x 18 in./SRA3. )r Tap-to-Pair allows users to tap their mobile device to the AltaLink C8100 Series user panel and quickly connect � with the MFP. 4 6 Envelope Kit(optional replaces Tray 1) Smart Proximity Sensor detects provides feeding of up to 60 envelopes s/ when users are nearby.It conserves h f energy during inactive periods and ma isactivates �e device auto t" ally tf If(rlr it ° f Use >)�/i taF when a user approaches. l !�lllllll(l<11C�llll/ ,h � P A P li,!;1 0 Ll"l l!)L .l / F'.IC'Ihl j S I l li,i!IRS' High Capacity Tandem Tray Configuration holds a total paper capacity of up to J)ili 01°' 3,140 sheets. Four Tray Module Configuration (available for C8130/C8135)holds a total `4 of up to 2,180 sheets. Bypass Tray handles up to 100 r ; sheets;Custom sizes:3.5 x 3.9 � to 12.6 x 52 in.189 x 98 mm I y` re sor to 320 x 1,320 mm. a1, �� / - High-Capacity Office Finisher Business Ready C-Fold/Z-Fold Unit BR Booklet Maker Feeder(optional)holds p (optional)provides (BR)Finisher(optional) (optional)adds C-fold, Finisher(optional) 3,000 sheets of letter/A4 advanced finishing gives you advanced Z-fold and Z-half-fold to create 64-page paper,increasing the functions,optional finishing functions the BR Finisher or saddle-stitched booklets maximum paper capacity crease/score and at a great value. BR Booklet Maker (2 to 16 sheets). to 6,1Li0 sheets. saddle-stitch booklet, Finisher. making it capable of 60-page booklets (2 to 15 sheets). I-.(:DI II f n Il i I!'id I:'f' I P',11f.Ohl"f j P,i G Long Sheet Feed Kit(optional)provides � A the ability to print up to 12.6 x 52 in./ 320 x 1,320 mm media. Convenience Stapler Dual Offset Catch Tray Integrated Office Finisher (available when no finishers are (optional with C8130/C8135/ (optional)staples 50 P�h installed;Single Offset Catch Tray C8145/C8155)provides sheets of 201bJ 75 gsm wQ media. �y with finishers). 500-sheet stacking and 50-sheet, 0 L�1E �r 2-position stapling. Paper capacities are based on 20 lb./7S gsm stock;capacities will vary with different weight stocks 4303 Xerox' AltaLink° C8130/C8135/C8145/C8155/C8170 ConnectKey' Color Multifunction Printer • •• ��������Illlpllll IIIIII IIIII Illll�ull"'Itlll dl�llll Imol dll IIII hulln�Mml IIIII I�u IIIIINullll�l IIIII III IMm lool ollll IIII II IIIII IIII ��������������II�I IIIIIIIV Imol IIIII IIII IMmI lool ullll ulll�I IIIII IIIII ������������������������������������IIIIII I Imim IIIII VI Illlou Iml ulllll ulll I In IIII �������������������������������������mlol IIIIIINullll�l IIIII III IMm lool ollll IIII II IIII Illil II�I IIIIIIIV Imol IIIII IIII IMmI lool ullll IIII�I�olll ������������������ Speed(Calor/Black-and-White) U to 30/30 m U to 35/35 m U to 45/45 m U to 55/55 m Up to 70/70 ppm Monthly Duty Cycle' Up to 90,000 pages Up to 110,000 pages Up to 200,000 pages Up to 300,000 pages Up to 300,000 pages Hard Drive/Processor/Memory Minimum 128 GB SSD;Optional:SOOGB HDD/INTEL ATOM Quad Core,L9GHz/4 GB system memory(8 GB system memory AltaLink C8170) Connectivity 10/100/1000Base-T Ethernet,High-Speed USB 2.0 direct print,WiFi/WiFi Direct with optionalXerox'Dual Band Wireless Kit,NFC,Bluetooth(iBeacon) Optional Controller Xerox°EX-cC8100 Print Server Powered by Fiery' (opy and I1:111 hint Copy Resolution:Up to 600 x 600 d i;Print Resolution:Up to 1200 x 2400 d i First-Copy-Out Time(as fast as) 6.10 seconds color/4.50 seconds black-and-white 5.50 seconds color/4.40 4.70 seconds color/3.70 4.00 seconds color/3.20 (from laten/wormed up state) seconds black-and-white seconds black-and-white seconds black-and-white First-Print-Out Time(as fast as) 5.70 seconds color/4.20 seconds black-and-white 4.90 seconds color/3.80 4.50 seconds color/3.20 3.80 seconds color/3.00 seconds black-and-white seconds black-and-white seconds black-and-white Page Description Languages Adobe'PostScript'3°'',Adobe"PDF,PCL"5c/PCL"6 Hapell Standard Single-Pass Duplex Automatic Document Feeder(DADF):Upto 82 ppm simplex/141 ipm duplex(200 dpi).130-sheet capacity for AltaLink C8130/C8135/ C8145/C8155.Paper sizes:3.4 x 4.9 in.to 11.7 x 17 in./85 x 12S mm to 297 x 432 mm.Up to 13S ppm simplex/270 ipm duplex(200 dpi).250-sheet capacity for AltaLink C8170.Paper sizes: 3.4 x 4.9 in.to 11.7 x 17 in./85 x 12S mm to 297 x 432 mm. Bypass Tray:100 sheets;Custom sizes:3.S x 3.9 to 12.6 x S2 in./89 x 98 mm to 320 x 1,320 mm(SEF) Tray 1:520 sheets,Custom sizes:S.S x 7.2 in.to 11.7 x 17 in./140 x 182 mm to 297 x 432 mm(SEF) Tray 2:S20 sheets;Custom sizes:S.S x 7.2 in.to 12 x 18 in./140 x 182 mm to SRA3,SEF) Choose One Four Tray Module:(Trays 3 and 4-available with AltaLink C8130/C8135):1,040 sheets;520 sheets each,Custom sizes:5.5 x 7.2 to 12 x 18 in./140 x 182 mm to SRA3(SEF).Total standard paper capacity:2180 sheets. High Capacity Tandem Tray Module:2,000 sheets;Sizes:8.5 x 11 in./AL.Total standard paper capacity:3,140 sheets. Optional High-Capacity Feeder(HCF):Up to 3,000 sheets,Size 8.5 x 11 in./A4 long edge feed.Max paper capacity with HCF:6140 sheets. Envelope Tray(replaces Tray 1):Up to 60 envelopes with Auto Size detection of some sizes Long Sheet Feed Kit(banner printing):12.6 x 52 in./320 x 1,320 mm Hapelr'Output/ Standard Dual Offset Catch Tray(standard when finishers are not attached):250 sheets each;Face-up Tray:100 sheets EII''in i"Ih ling, Integrated Office Finisher:Available with Alto Lin k C8130/C8135/C81451C8155,staple positions:front and rear straight.500 sheets stacker,SO sheets stapling, Optional 2-position stapling. Office Finisher:2,000-sheet stacker,SO sheets stapled,2-position stapling,optional hole punch,optional booklet maker(scare,saddle stitch 2 to IS sheets(60 pages)) BR Finisher:3,000-sheet stacker and 500-sheet top tray,50-sheet multiposition stapling and 2/3-hole punching BR Booklet Maker Finisher:1,500-sheet stacker and 500-sheettoptray,50-sheet multiposition stapling and 213-hole punching plus saddle-stitch booklet making(2 to 16 sheets,64 pages)and V-folding C-Fold/Z-Fold Unit:Adds Z-folding,Letter Z-foldingand Letter C-folding to the BR Finisher and BR Booklet Maker Finisher Convenience Stapler:50-sheet stapling,includes Work Surface' I IN II&U II."IY"1 V IF N.0 S IF Ilk IF X Hit p Rif IF IN( ill: Customize Customize user interface,show/hide functions,personalize user experience with authentication,create 1-Touch Apps,auto wokeup with Smart Proximity Sensor. Print Drivers Job Identification,Bi-directional Status,Job Mentering,Xerox"Global Print Driver',Application Defaults,Xerox"Pull Print Driver Xerox"Embedded Web Server PC or Mobile-Status Information,Settin s,Device Management,Clonin ,Fleet Orchestrator,Confi uration Watchdo ,Remote Control Panel Print Features Print from USB,Print from Claud Repositories(Dropbox,One Drive and Google Drive),Sample Set,Saved Job,Booklet Creation,Store and Recall Driver Settings, Scaling,Jab Monitoring,Application Central,Two-sided Printing,Draft Mode,Long Sheet(Banner)Printing Scan and Fox Scan Preview,Scan to USB/Email/Network(FTP/SFTP/SMB),Scan To Cloud Repositories(Dropbox,One Drive and Google Drive)',Scan File Formats:PDF,POEM, XPS,JPG,TIFF;Convenience Features:Scan to Home,Searchable PDF,Single/Multi-page PDF/XPS/TIFF,Password-protected PDF;Fox Features:Walk-up Fax (one-line or two-line options available,includes LAN Fax,Direct Fax,Fax Forward to Email),Fax dialing,Unfied Address Book,Optical Character Recognition(OCR), Server Fox,TWAIN driver(scan) 1M0B1[II..,F AIINn C1 0 UD RE:NADN Mobile Connectivity Near-Field Communication(NFC);Optional:Wi-Fi Direct,WLH(802.11 b/g/n/oc),An-Print(iOS)including!Beacon(Bluetooth) Mobile Printing Ah-Print,Mo ria",Xerox"Print Service(Android),Goo le Cloud Print,L,)PrintB Xerox;Optional:Xerox'Workiplace Mobile A (iOS/Android) Mobile Scanning AirPrint;Optional:Xerox'Workplace Mobile A (iOS/Android) Cloud Ready Remote services enabled,native'Print From'and"Scan To"'cloud repositories(Dropbox,One Drive and Google Drive),direct connection to cloud hostedservices vinoptional a s(accessed vin Xerox"Apo Gallery cap or visit mriinx.ronilnUAppG all inr ). C G M P I E NIIE,:N"PSIIV"E 5E,;:C&,.DR.II'.'IF Y Network Security 802.1x,IPsec,HTTPS,SFTP and Encrypted Email,McAfee"ePolicy Orchestrator",McAfee Enterprise Security Manager',Lag Rhythm SIEM',Splunk SIEM',Network Authentication,SNMPv3,SHA-256 Hash Message Authentication,TLS 1.111.2,Security Certificates utilizing ECDSA,Automatic Self-signedCertificate,Cisco°Identity Services Engine(ISE)integration,automated threat response through McAfee DXL/Cisco pxGrid integration,Local Authentication(Internal Database),FIPS 140-2 Device Access User Access and Internal Firewall,Port/IP/Domain Flltenng,Audit Log,Access Controls,User Permissions,Configuration Watchdog,TPM,Optional:Smart Card Enablement Kit(CAC/PIV/.NET/SIPRNet)`,Xerox'Integrated RFID Cord Reader,NEC standard(authentication via optional Xerox'Workplace Cloud/Suite Print Management and Content Security;learn more at xvii ux.c:,ornd'Po0&"curlk1pi p e ollu.Iltions). Data Protection McAfee Embedded Control Whitelisting,Firmware Verification,Trusted Boot,Job Level Encryption via HTTPS and Drivers,Encrypted Storage Drive(AES 256-bit, LIPS 140-2),Encrypted and Signed Email;Optional:Xerox'Workplace Cloud/Suite Content Security,Encrypted Hard Disk(AES 256-bit,TIPS 140-2)with Image Overwrite, McAfee Integrity Control Document Security Under evaluation Common Crites Ceritficatlon(ISC 15408)full system ogainstthe HCP PP,Encrypted Secure Print,TIPS 140-2 Encrypted Data with Print Drivers E N"PAEHp,E',; U II NAB-II E.N N IIGnIlEL41I"' W0R.IKIfuI ACE',;: S E R.V 1,CE,;:H Print Management Xerox°Standard Accounting;Optional:Xerox°Workplace Suite/Cloud,Xerox'Virtual Print Management Service,more at xvi ux.uaaso'wd'E^�o du°Ile,:Mrull°uaPuro'waru°Ile,: Fleet/Device Management Xerox°CentreWore0 Web,Xerox'Support Assistant,Automated Meter Read,Xerox°Claud Fleet Management Solution,Fleet Orchestrator,Configuration Clonin ,Intelligent Work lace Services Too[Suite Security Secure Device Management:Xerox'Printer Security Audit Service(auto-configuration of security settings,monitoring,and auto-remediotion),Digital Certificate Management,SIEM Reporting,Interactive Dashboard Reports GpAUE':'::WAY "II"0 INII'.W PGPS°k1U111I...,II.'IIUE':S Xerox App Gallery Automate everyday processes with apps that translate,redact,eSign,personalize print,convert,route,collaborate and communicate. Visit xvi Riu to find apps by industry or workflow.Software and services Xerox°DocuShare°(xRrnasx.p,:cumvoGRra::o°uro),XMPie°(xu;w'a:uu a:a:uo°urod'7".IME^�Ilm^), Xerox"Workplace Solutions(xo-.*u°rux.a:ruorniU'IhUcIrpslluNr:ua:pz",Urlla.11k.firovr.). 'Maximum volume capacity expected in any one month.Not expected to be sustained on a regular basis. 'Paper capacities are based on 20 It./75 gsm stock;capacities will vary with different weight stacks 'Available post-launch via software update Not available in all geographies 'Sold separately in some geographies Certifications xcocu9c.rcuo un UGUffttu+cG::a,:u Uofurcu ll:it cuou.n 02020 XeroxCorporation.AII ri hts reserved.Xerox(D AltaL nk0 Cent eWare�®,KC on pe�K�. IIIIIIIIIppA inn T; r' 1 � ifllU - g nett Key®,DocuShare®and Global Print Driver®are trademarks �� �� of Xerox Corporation in the United States and/or other countries XMPie®is a trademark of XMPie,Inc.Mopria®is a trademark of the Mopria Alliance. 4304 30 A The information in this brochure is subject to change without notice. 06/20 PN0388S BR29460 AC8BR-OSUA CH994 '4 '4 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Reel Ting Inc. dba Reel Tines Contract#N/A Effective Date: 'Upon execution Expiration Date: December 40, 2n2e Contract Purpose/Description: Compensation for band.; audio and sound support services for the South East,Florida Regional Compact's Annual, Climate Summit,hosted by Monroe County in 2024, for the, evening of December 17, 2024 at the Casa Marina in Key cst; Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Rhonda Haack CONTRACT COSTS Total Dollar Value of Contract: $ lU 990 Current Year Portion: $ 10 990 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the s:,Md LKodm ihlr N's mooas a is i.(vIP M)I 00 os Budgeted?Yes® No ❑ Grant: $ N/A County Match: $ Fund/Cost Center/Spend Cate of : 1 8'-06047 , Funded by sponsor donations:. ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: October 24,2024 County Attorney Signature: ,:`, : ! � , , ��.. October 25, 2024 1. Digitally signed by Jaclyn FW Risk Management Signature: !�2Ci��j" Flatt Date:2024.11.13 10.27.48-05'00' P111. [� Lisa Abreu Digitally signed by Lisa Abreu urchasing chasing Signature: Date:2024.11.14 15.46.42-05'00' OMB Signature: John Quinn D'g"a"y24.11.810.0034-0 Date.2024.11.1b 10:00:34-OS'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4305 AGREEMENT FOR MUSICIAN SERVICES BETWEEN MONROE COUNTY AND REEL TING, INC. dba REEL TING BAND FOR THE 161h ANNUAL SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE LEADERSHIP SUMMIT This Agreement is made and entered into this day of November 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 Reel Ting, Inc. dba Reel Ting Band ("CONTRACTOR") whose address is 8658 SE Oleander Street; Hobe Sound, Florida 33455. WITNESSETH: WHEREAS the COUNTY desires to employ the professional services of the CONTRACTOR for musician services for the 161h Annual Southeast Florida Regional Climate Change Leadership Summit, hereinafter referred to as the "Summit", in Key West on December 16-18, 2024; and WHEREAS it serves a public purpose for the COUNTY to host the Summit, as a partner of the Four County Southeast Florida Regional Climate Change Compact, hereinafter referred to as the "Compact", to protect public infrastructure, property, water resources, natural areas and native species, and basic quality of life; and WHEREAS, in order to host the Summit, as currently envisioned, it is desired to enlist the assistance of a band to provide music to the registrants and participants of the Summit during the outdoor event on December 17; and WHEREAS funds for these services will be provided only through paid donations for the event, already received by the COUNTY; and WHEREAS, the CONTRACTOR has agreed to provide the musician services, and has the required licenses and insurance to perform the services. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: Page 1 of 12 4306 1. THE AGREEMENT. The Agreement consists of this document and its exhibit(s) only. 2. SCOPE OF WORK. The CONTRACTOR agrees to provide a 5-piece band and play live music on the evening of December 17th°2024. The band will play between 5:30 PM and 10:30 PM, breaking for five (5) minute breaks between sets, each set lasting thirty (30) to forty-five(45)minutes. CONTRACTOR agrees to coordinate the band's performance with any other entertainment COUNTY obtains for the evening of December 17th. CONTRACTOR agrees the band will not perform during the period of time any other entertainment is performing, unless requested by the COUNTY's project manager at the time. The CONTRACTOR shall also provide the sound equipment, stage lighting, and sound engineer. CONTRACTOR shall be responsible for coordinating with the hotel and for set up and tear down. 3. COMPENSATION AND PAYMENTS TO CONTRACTOR. A. The COUNTY shall pay the CONTRACTOR from funds donated to the COUNTY for the purpose of hosting the Summit. The CONTRACT amount shall be a lump sum of Ten Thousand Nine Hundred Ninety Dollars ($10,990) including all set up, music, sound equipment and sound engineer, tear down and rooms. There shall not be additional expenses for travel, lodging, per diem or any other expenses, as they are included in the stated total compensation. B. Payment to the CONTRACTOR shall be made by the COUNTY when the CONTRACT has been fully performed by the CONTRACTOR. In the case of inclement weather conditions, the CONTRACTOR will not receive payment unless the CONTRACTOR performs at an alternate indoor location designated by COUNTY. C. The CONTRACTOR shall submit to COUNTY a final invoice, Exhibit "A", with supporting documentation acceptable to the Monroe County Office of 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. 4. TERM OF AGREEMENT. This Agreement shall commence on execution and end on December 30th, 2024, unless terminated earlier under Paragraph 18 of this Agreement. 5. FINANCIAL RECORDS OF CONTRACTOR. 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:Hdos.fl.gov/library- Page 2 of 12 4307 archives/records-management/general-records-s chedul es/), whichever is greater. Each parry to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each parry 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 the CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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 the CONTRACTOR. 6. PUBLIC ACCESS. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other material 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 Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONTRACTOR. 7. HOLD HARMLESS AND INSURANCE. The CONTRACTOR covenants and agrees to indemnify and hold harmless the 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 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 the CONTRACTOR occasioned by the negligence, errors, or other wrongful acts of omission of the CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of the CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, the CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts and naming Monroe County as an Additional Insured and Certificate Holder. A. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law. B. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than$1,000,000.00 per occurrence,combined single limit for Bodily Page 3 of 12 4308 Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. C. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. D. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 8. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Section 786.28, Florida Statutes,the participation of the COUNTY and CONTRACTOR 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, not shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 9. INDEPENDENT CONTRACTOR. At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Monroe County Board of County Commissioners ("BOCC") or the COUNTY. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his employees, subcontractors, servants, or agents to be employees of the BOCC or the COUNTY. 10. 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 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, Page 4 of 12 4309 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 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. 11. ASSIGNMENT/SUBCONTRACT. The CONTRACTOR 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 CONTRACTOR, 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. 12. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS. In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted during the contract term. Compliance with all laws includes,but is not limited to, the immigration laws of the Federal and State government. COUNTY requires and contractor agrees to use E-Verify to assist in making determinations as to immigration status. 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. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the BOCC in its discretion to terminate this Agreement immediately and the CONTRACTOR agrees to return all payments under this Agreement to the COUNTY within fifteen (15) days of termination. The CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. The CONTRACTOR has and shall maintain throughout the term of this Agreement, appropriate licenses. Copies of Page 5 of 12 4310 required current licenses shall be provided upon execution of this contract and before execution by COUNTY or its designee. 13. DISCLOSURE AND CONFLICT OF INTEREST. The CONTRACTOR represents that it, its directors, principals 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 CONTRACTOR, shall notify the COUNTY of any financial interest it may have in any and all programs in the COUNTY which the CONTRACTOR 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. 14. 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. 15. NO PLEDGE OF CREDIT. The CONTRACTOR 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. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REQUIREMENT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other parry by certified mail, return receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Christine Hurley George Pollis County Administrator Band Manager 1100 Simonton Street 8658 SE Oleander Street Key West, FL 33041 Hobe Sound, FL 33455 17. TAXES. The COUNTY is exempt from payment of Florida State sales and use taxes. The CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from Page 6 of 12 4311 paying sale tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 18. TERMINATION. The COUNTY may terminate this Agreement with or without cause prior to November 30, 2024. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days' notice to the other parry. Cause shall constitute a breach of the obligations of either parry to perform the obligations enumerated under this Agreement. 19. MEDIATION. The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or 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. 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. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 6, Section 7, Section 10, Section 12, Section 14 and Section 18 concerning termination or cancellation. 20. 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. 21. ATTORNEY'S FEES AND COSTS. COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees and court costs as an award against the non- prevailing parry and shall include attorney's fees and court costs in appellate proceedings. Each parry agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing parry or not, through all levels of the court systems. 22. 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 CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Page 7 of 12 4312 23. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions of 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. 24. NON-RELIANCE BY 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 indicated that any particular individual or group of individual, entity or entities, have entitlement 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. 25. ATTESTATIONS. CONTRACTOR 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. 26. 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 the 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. 27. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 28. 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 parry 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. 29. 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 Page 8 of 12 4313 performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 30. 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. 31. NO PLEDGE OF CREDIT. The CONTRACTOR 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. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 9 of 12 4314 IN WITNESS WHEREOF COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above (SEAL) BOARD OF COUNTY Attest: KEVIN MADOK, CLERK COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor or County Administrator Date: Date: MONROE COUNTY ATTORNEYS OFF#CE APPROVED AS TO FORM DATE: A 0-1 1--2112A- Witnesses for CONTRA OR: REEL TING,//INC. DBA .,EL TING BANT By: By: V�o IV Signature Si6'ature of person authorized Date: to legally bind Corporate Entity Date: 7 V-P By, Signa -e Print Name Date: Address: X�6 4 Telephone Number: /-� Page 10 of 12 4315 Exhibit"A" Invoice Reel Ting Inc Invoice 4 C/O George Pollis 8658 SE Oleander Street Hobe Sound Fl 33455 561- 215-7596 WWW.reelting.com georgempollis@aol.com Client- Monroe County Climate Summit 2024 Casa Marina, Key West, Florida Invoice Date: Date Service provided: December 17th 2024 Location of Services Provided: Casa Marina @ 1500 Reynolds Street Key West Fl 33040 for the Climate Summit Key West Florida 2024 Description of Services Provided: Reel Ting Band Climate Summit Show Production Cost: $. $3,995.00 for Sound and $6,995.00 for the Band for a Total of$10,990.00 Time Line: 5:30— 10:30 p.m. Payment Due within one week of delivery of Services rendered on December 17th 2024, Page 11 of 12 4316 Exhibit "B" LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE w Z'�zj ...warrants that he/it has not employed,retained or otherwise had act can his/her behalf any fo rimer County officer or employee in violation of Section 2 of Ordinance No. -1990 or any County officer or employee ployee in violation of Section 3 of Ordinance No. 01 -199 For breath or violation of this provision the County may, in its discretion, terminate this A re ent without liability and may also, in its discretion, deduct from the Agreement or purchase prig ; r othe is . p vcr, the Ball amount of any fee„ commission, percentage, gift, or consideratio paid the formerty officer or employee." (Si c e) 4,4 te. r STATE C ': COUNTY OF: Subscribed and sworn to or affirmed)before me, by means of �hysical. presence or 0 online notarization, on rot 0 9 4 ; (date) by t (name of of Lie anti She is personally known to B or has produced � (type of identification) as identification, v s NOTARY It L,I �1t5C ri Iu bi c State ate or Commission FHH 754159 5oP°eed tslroLah 4dt7Qra� No ry'ss?sV�rI r y Commission rmission Expires. � Page 12 of 12 4317 ACC)R" CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD/YYYY) 08/23/2024 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 endorsements. PRODUCER CONTACT NAME: MM—Entertainer&Performer K&K Insurance Group, Inc. PHONE FAX (A/C,No,Ext): 1-800-328-2317 (A/C,No): 1-260-459-5502 Fort Magnavox Way ADDRESS: entertainers@kandkinsurance.com Fort Wayne IN 46804 PRODUCER CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Markel Insurance Company 38970 George Pollis INSURER B: DBA: Reel Ting INSURERC: PO Box 8424 Jupiter, FL 33468 INSURER D: A Member of the Sports, Leisure&Entertainment RPG INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W02801011 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 MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X M1 RPG0000000352600 10/19/2024 10/19/2025 EACH OCCURRENCE $1 000 000 CLAIMS- OCCUR 12:01 AM EDT 12:01 AM DAMAGE TO RENTED MADE PREMISES Ea Occurrence) ccurrence $1,000,000 MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY GENERAL AGGREGATE $5 OOQ OOQ �� " $1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: � PRODUCTS POLICY ❑JECT ❑LOC ,ir PROFESSIONAL LIABILITY BY, L. m�� OTHER: BODILY INJURY TO PARTICIPANTS $1,000,000 AUTOMOBILE LIABILITY 11,13 24 w--- -^-"�'^" COMBINED SINGLE LIMIT (Ea accident) ANY AUTO yftl� BODILY INJURY(Per person) OWNNLY ED AUTOS SCHEDULED BODILY INJURY(Per accident) O e AUTOS HIRED NON-OWNED AUTOS ONLY AUTOS ONLY (Per accident) NOT PROVIDED WHILE IN HAWAII UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND N/A PER OTHER EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER ❑ EXCLUDED?(Mandatory in NH) E.L.DISEASE—EA EMPLOYEE If yes,describe under DESCRIPTION E.L.DISEASE—POLICY LIMIT OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS M1 RPG0000000352600 10/19/2024 10/19/2025 PRIMARY MEDICAL $5,000 12:01AMEDT 12:01AM EXCESS MEDICAL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Performing as Musician/singer/vocalist The certificate holder is added as an additional insured,but only for liability caused, in whole or in part,by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC&TDC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. (Owner/Lessor of Premises) AUTHORIZED REPRESENTATIVE Coverage is only extended to U.S.events and activities. ""NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights 14318 STATE OF FLORIDA DIVISION OF WORKERS'COMPENSATION BUREAU OF COMPLIANCE r EMPLOYER EXEMPTIONS REPORT Employer ID: 002535930 FEINISSN: 263309958 Name: REEL TING INC Streetl: 115 SARDINIA CIRCLE Streetl: City: JUPITER State: FL Zip: 33458- -- .. - b. �- GEORGE M POLLIS PRESIDENT 10/02/2009 nnlnnronoa �OWCONSTRUCTIOt,, 4319 POLICY NUMBER: MlRPG0000000352600 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) Monroe County BOCC &TDC 1100 Simonton Street Key West, FL 33040 Named Insured: George Pollis DBA: Reel Ting Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include B. With respect to the insurance afforded to these as an additional insured the person(s)or organization(s) additional insureds, the following is added to Section III shown in the Schedule, but only with respect to liability —Limits Of Insurance: for "bodily injury", "property damage" or "personal and If coverage provided to the additional insured is required advertising injury" caused, in whole or in part, by your by a contract or agreement, the most we will pay on acts or omissions or the acts or omissions of those behalf of the additional insured is the amount of acting on your behalf: insurance: 1. In the performance of your ongoing operations; or 1. Required by the contract or agreement; or 2. In connection with your premises owned by or 2. Available under the applicable Limits of Insurance rented to you. shown in the Declarations; However: whichever is less. 1. The insurance afforded to such additional insured This endorsement shall not increase the applicable only applies to the extent permitted by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 4320 A ®0 DATE(MMIDD/YYYY) A CERTIFICATE OF LIABILITY INSURANCE 11/13/2024 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 Rebecca Sisco NAME: raa�+' ' Frank Warren Insurance PHONE 772-286-7400 FAX 772-286-3058 _JAIC No xt: (AIC,No): 0111) PO Box 1016 E-MAIL Rebecca@warrenagency.net 4/'ril ADDRESS: Stuart,FL 34995 INSURERS AFFORDING COVERAGE NAIC# INSURERA: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: Reel Ting Inc INSURER C: PO BOX INSURER D: Jupiter,FL 33468 INSURERE: 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 ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MWDDYYYYY MM/D EFF Y EXP LTR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $A'AIE TO RENTED _ CLAIMS-MADE OCCUR -PREMISES(E.occu ence) $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- ❑LOC PRODUCTS-COMPIOP AGG $ JECT OTHER: I I $ AUTOMOBILE LIABILITY Y 183 0369-F04-59P 10/30/2024 12/04/2024 COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ A OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ 10,000 AUTOS ONLY AUTOS ONLY Per accident q� $ UMBRELLA LIAB OCCUR ,g ,Iiy II EACH OCCURRENCE $ _ EXCESS LIAR HCLAIMS-MADE q� g AGGREGATE $ DED RETENTION 'I'�, t '- ,;, $ PER WORKERS COMPENSATION 4.24 STATUTE I OERH AND EMPLOYERS'LIABILITY - - ^ Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE , w- E.L.EACH ACCIDENT - $ OFFICER/MEMBER EXCLUDED? N/A _ (Mandatory in NH) WAIME.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHOR2ED REPRESENTATIVE Key West,FL 33040 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001450 132849.13 04-2 4321 {� gl 6028BV ADDITIONALriot Notice of Termination) This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. A erson or organization shown on the Declarations Page as an Additional Insured is provided Liability Coverage or Property Damage Liability Coverage, but only to the extent that person or organization qualifies as an insured as defined. in Liability Coverage or Property Damage Liability Coverage. 2. An Additional Insured has the same right of.recovery ender the Liability Coverage or Property Damage Liability Coverage that applies to this policy as if they had not been shown on the Declarations Page as an Additional Insured. 1, If Liability Coverage;or Property Damage Liability Coverage is changed or terminated as to the interest of the Additional Insured, we will provide the Additional Insured 10 days notice of such change or termination,unless another number of days notice is shown on the Declarations Page. Page I of 1 6028BV 0,Copyright,State Fam Mutual Automobile Insurance Company,2011 4322 Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR t,ONTRA(C',,J GJ14 l It _FOR CONWI I + .I (tI,C (l ) .,tuin Effective Date: Expiration Date. Contract Purpose/Description: 5 .ta Ali i l60 u( � .` ;'; I ���ki,�i ra w� Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: V414( t; /sfl ; iClti In0 ;'� p; CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ `"(must be$100,000.00 or less) (if mrdtiyear agreement then requke,s]�OCC approval,audess the Egxatll ce°tnuu0ative urmu,unt is 100,000 00 og Oe "'y. Budgeted? Yes# No Grant: $ County Match: Ftind/Cost Center/S,elid Cates ,'III I 4 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance l3ec tailed: YES FA NO ❑ COI is attached CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis044R mmITITYmmmmmmmmIT W w - -µw -m County Attorney Signature: Patricia Eables _ _ .._._DaW.�2 4,1120 y ,pod by r�ntlua�����a'00' r>vk: ruur7tvu�:��aae a�,a�r• Risk Management Signature: Jaclyn Flatt __OM::202, 011:32:by r'°° Y ra��a aoan o s ur,resa.,a ae°uu Purchasing Signature: Lisa Abreu r°,W.24,1nm"'Y°A7:5'-a° Denoa:s an.iu.r9 ua:arsGu-G°'aura D,OVOMB Signature: John Quinn 04Ab i2 4 11 211124:3 05 Comments: Revised BOCC 4/1.9/2023 Page 84 of 105 4323 MONDE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR UPPER KEYS PEST CONTROL October 2024 - September 2025 Ij BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District 5 Mayor Pro Tom James K. Scholl, District 3 Craig Cates,District I Michelle Lincoln,District 2 David Rico, District 4 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantls October,2024 PREPARED EIY: Monroe County Facilities Maintenance Department yo�! Page 1 of 32 4324 Monroe County Facilities Maintenance General Scope of Work Job Name:Upper Keys Pest Control Services Job Location: Multiple locations in the Upper Keys area,Monroe County,Florida Contact:Kevin Dillon or Nestor Torra Kevin Dillon nt�NiaaKm lwr,rn ' Iaaawaa^t aadwrbNw, I t qua 105-3 3 9200 Nestor Torre Raar�x�m���aa� �w Nrna�aw,rawa�aaNan"� Nl��t�. 3�15-509-1tS22 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Inter into a contract with a qualified Contractor to provide pest control services for various facilities throughout the Upper Keys. The term of this contract shall commence 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, the undersigned shalt diligently continue performance until completion of the 'Prospect. The undersigned shall accomplish final Completion of the'Project within one(l)year,with an expiration date of October 30,2025,for the contract term. 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''Village of lslamorada,and any other permitting or regulatory agencies, if applicable. Contractor shall include those permit fees as a part of the Contractor's bid. 8) All quotes are due by Monday,November 4,2024,at 12:00 P.M.,via email to Torra- Nestor@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 32 4325 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 pest control services at various facilities in the Lipper Keys: 1) Perform interior and exterior perimeter General Household Pest Control Services for Facilities,with Rat Monitoring as needed. 2) Facilities are listed on Attachment A showing addresses and frequency of Applications. 3) Complete and post approved spray notices at all locations at least twenty-four (24) hours prior to spraying-see Attachment B. 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Monroe County Health Department—Andrea,Diaz,305-676-3935 Plantation Key Courthouse-Cindy Shepherd-Wike,305-853-7356 Monroe County Fleet—Ronald Redding,305-394-5133 Ellis Building-Ivette Chao,305.853.7350 Key Largo DMV/Tax Office Jessica Sanders,305-869.6436 Key Largo Social Service—Lisset Bautista,305-853-7355 Murray Nelson Government Center—Leo Morin,305-206-3458 Tavernier Fire Station#22—Zully Hemeyer,305-289-6336 islamorada Library—Naomi Tervino,240-575-4129 Key Largo Library—Christina Tensley,305-451-2396 Plantation Key Old Courthouse-Naomi Pagides,305-453.8748 Key Largo(Magnolia)Public Works-Nestor Tors,305-509-1622 Roads and Bridges(Magnolia)—Kimberly Kelley,305-394-5071 B) The Contractor is required to provide protection for_4U 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 32 4326 C) The Contractor shall ensure that all non-eetrzpt 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 warrung 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 n All materials must be approved by submittal prior to commencement of work. J) The Contractor shall provide a lump sum price by Monday,November 4,2024,at 12:00 P.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 schedule for all phases of the project. N) The Contractor shall coordinate all activities with concurrent site work being performed,if any. O) 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 Page 4 of 32 4327 (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 offidals, 1100 Simonton Street, Key West,Florida 33040,shall,ben 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, P) 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- Form, Q) INDENUOFICAInON, 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 inviteea during the term of this Agreement, (B) the negligence or recklessness,intentional wrongful misconduct.,orrors,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 Agoement, 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 Contmetor). 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, 111orida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 0.herein. Insofar as the claims,actions,causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the tam 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 Page 5 of 32 4328 insurance,the Contractor shall indemnify the County fivm any and 411 increased expenses resulting front 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 f1arthet 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. R) NON-COLLUSION.By signing this proposal,the undersigned swears,according to taw on his/her oath,and under penalty of perjury,that their firm executes this proposal with prices arrived at independently without collusion,consultation, corrununication, or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor.[Jnless 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 pro 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. S) EMPLOYMENT OR RETENMON 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 10-1"0 or any County officer or employee in violation of Section 3 of Ordinance No.WOW. For broach 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. 1) CODE OF ETHICS. County agrees that officors,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 t 12,313,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 32 4329 U) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully watt, 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 probibited in the workplace and specify the actions that will be taken against employees for violations or 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 to of the statement and will notify the employer of any conviction of, or plea of guilty or nolo conten,dote 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 sancrion 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 ofthis section, ADDITIONAL CONTRACT PROVISIONS 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 ftulher action on the put 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 t964(PL 88-352)which prohibits discrimination in employment on the basis of moo, 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.6 10 1-6107)which prohibits discrimination on the basis ofage;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 Page 7 of 32 ............ 4330 or alcoholism;7)The public Health Service Act of 1912,ss. 521 and 527(42 USC as. 690dd-3 and 290ec-3), as amended, relating to confidentiality of alcohol and drug abuse patient records-, 8)Title V111 of the Civil !tights Act of 1968(42 USC s.3601 et seq.), as amended, retating to nondiscrimination in the sale, rental or financing of housing,9)'rhe Americans with Disabilities Act of 1"0(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 it, which prohibits discrimination on the basis ofrace,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. n) -'-- kaimblim 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. Fither of the parties hereto may canoe!this Agreement without cause by giving the other party sixty(60)days'written notice of its intention to do so. C, in the event of breach ofany 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 Wmirtation,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,oftket 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 tights available to recoup monies paid under this Agreement,including the riot to sue for breach of con and including the right to pursue a claim for violation ofthe County's False Claims Ordinance,located at Section 2-721 et al.of the Monroe County Code, D. Jmnju.4fw&_fQr . ► The County Puy 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 fivuls 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 Agreements including the Tight 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, EX,Section 2-721 et al,of the Mortme County Code. Page 8 of 32 4331 F, Set I 'Pli" I-T For Contracts of any amount,, if the County determines that the Contrac(or/Con,odtant ha.i submineda false certification under Section 287,135(1), Honda Statutes or, his been f0aecd on the Scrutinized (`0111panics that Boycotl Israel tist.or is angagod in a boycott ol'Israel,the County shah have the option of (1)terminating the Agreenterit,after it has given the Corunictov4X'onsultant written notice and an opportunity to demonstrate the agency's detcrinaration of false ect-fitication was in error pursuant to Section 287,115(5)(a), I'lorida Statutes,or(2) maintaining the Agreenwrit if the conditions of' Se0ion 287,135(4), Florida Swaim are nret, fit) L)f E(J.0 s. The Contractor shall maintain A hooks, rccor&, and documents directly pertinent to peribrinance under,th6 Agreement in at; ordarwe with generally accepted accourning applied Records shall beretained for period ofseven(7),years from the termination of this agreement or in accordance with the State of 11(,rrrda retention schedules whichever ii greater, FAch party w this Agreentent or as authorized tqxcsentatives shall have reasonable and urnely access to such revords of each other party to this Agreement for public records purposes during tho terni o�'the Agreement and for seven (7)years trMowing the termination ofthts Agrecrnento 4vailabih(y of Records, The records of the parties to this Agreenient 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 tuisuccessful bidders, bid recaps, bidding instructions, bidders list, etc,); original estimates,estimating work sheets; crorespondence; change order tiles (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(,(>art 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 beating on or pertain to any matters, rights,duties,, or obligations tinder or covered by any contract document (all foregoing hereinafter referred to as "Records") shall he 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 lob 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 Page 9 of 32 4332 shall be kept (or ten(10) years after Final Completion, The County Clerk possesses the independent authority to conduct an audit of'record5,assets,and activities relating to this Project, If any auditor cruployed 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 ofthe Florida Statutes,running front the date the monies were paid to Contractor. 'rherigh(m cat dif provisions survive the termination or expiration of this Agreement. V) 1, County shall pay pursuant to the Florida Local Government Prompt Payment Act,Fla, Stat.,Sec.219.70,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 Nestor Torra, via email at toriii. 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 RccorALLgMQ_haft v 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 perfortnance, 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 attorneys 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. Page 10 of 32 ... ........ 4333 Pursuant to Fla.Stat.,See. 119-0701 and the terms and conditions of this contract,the Contractor is required to: (t) 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 he 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 an 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 die contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt fitim,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 inspeet 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 c;oruply 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 anilatemlly 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. 1"he Contractor shall not transfer custody,release, alter,destroy or otherwise dispose of any, public records unless or otherwise'Provided in this provision sion or as otherwise provided by law. JE j[HE QLAf-RACTOR IJA�S QVENTIONS REGAMMN!9 THL,- ARPLIMIM QE CLIAPTF,jR 119 F14,01MDA STAHIM, TQ THE. PROV"IN TO IDY, PPRIA RELATING TO TUIN CQN'[HALJ,CQNIM]:"E&LajQR1AN QF P!Q8LjC RB!QQLRj)Ss 9R. IAN BRADLEY Nr ]!HQNLNQJM- Page 11 of 32 4334 2�92-3470. RRADLEV-SRIAN&MONRQEC0tJ1 NTY-14,GOV MONROE, j,'OUNTV AT TOR NE"Y'S oi;n] SUITE 409, KEY WEST, FL 33040, V11)E-Ytdfv&Item, Beginning January 1, 2021, in accordance with Fla. Star., Sec, 448,095, as may be amended from time to time, the Contractor and any subcontractor shall register with and shall utilize the U.S,Mpartment of Homeland Security's B-Verity system to verify the work authorization status of all new ernployees 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 now 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 maintain a copy of such affidavit for the duration of the contract. The contractor shall comply with and be subject to the provisions of Fla.Stat,Sec.448.095. Pursuant to Section 448,095: t. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated,;.448.09(1) shall terminate the contract with the person or entity, 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with Bidder under this paragraph,the Bidder may not be awarded a public contract for at least, one(1)year after the date on which the contract was terminated.A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract,„" Vill) Notice kegulr&gLent 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: IVA Nto_ Page 12 of 32 4335 eo"S For Owner: Facilities Maintenance Department Attention: Kevin Dillon 300 Magnolia Street Key Largo,FL 33037 And Monroe County Attorney's Office I I H 12"Street Suite 408 Key West,Florida 33040 IX) .. ...................... Any delay or failure of efther 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 unavoidablc: (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),umdat threats or acts, riot,or other civil unrest in the geographic azea 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(0 action by any governmental authority prohibiting work in the geographic area of the Projoct;(each, a"Uncontrollable Circurnstam"). CONTRAC`TOR'S financial inability to perform, changes in cost or availability of materials, components,,or services,market conditions,or supplier actions or contract disputes will not excuse performance by Contractor under this Section.Contractor shall give County written notice within seven(7)days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated,and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreemen0be County will not pay additional cost as a result ofan Unc4mtrollable Circumstance.Tbe Con or may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may detemine, I IS 2E X) or County and Contractor agree that all disputes and disagreements shall he attempted to be resolved by meet and confer sessions betwoon 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 32 4336 rR0PQ5AL,F0_RM PROPOSAL TO: Monroe County Facilities Maintenance Department 300 Magnolia Street Key Largo,FL 33037 PROPOSAL FROM: 41"V- 1 ov- 0 "AbOlIx.µ...�... The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: UPPER KEYS PEST CONTROL 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 familiarimd 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 I mechanics,superintendents,tools,material,equipment,transportation set-vices, and all incidentals necessary, to perform and complete said Work and work incidental hereto,in a workman-like nianner,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 or the Notice to Procced/Purchase Ordertrask Order, Once commenced, undersigned shalt diligently continue performance until completion of the Project, The undersigned shall accomplish Final Completion of the Project within one (1) year, with an expiration date of September 30,2025, Page 14 of 32 4337 The Bus Proposal shell be furnished below to words and numbers. It there is an Inconsistency between the two,the Proposal to words shall control. w aol k m,, of l e I'"oa. c r y l (Total Base Proposal--numbers I aelmowledge Alternates as follows;N/A I acknowledge receipt of Addenda.No.(s)or None 'd o.— Datod .... No. __ Dated P..., ry �oUun� Page IS of 32 4338 eN 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 Goneral ReqUirClUentS for COUS111"(106011 f(lUnd III the link on the Monroe County web page,- I ttp-,t"(J- A; 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: .......... Mailing Address: Phone Number: E.1.N.: Email: Date: Signed: ........... -V-1m, Na c Title Contractor's Witness signature: Witness name: - ........... Date: The County accepts the above proposal: MONROE COUNTY, FT ORrDA y Digitally signed by Christine Hurley Christine Hurle Date 2024.11.21 15 16 57-05'00' Date: By:-County Administrator or Designee MQNFICIC COUNTY ATICIFINEY'S OFFICE Page 16 of 32 NIEV OATS. 4339 NON-COLLUSION AFFIDAVIT the city-pt...µ..mm. __.d . according to law on my oath,andunder enaljy p of erjury, depose and say that: 1, G am t of the firm o(_.mm....o. .. ..� the proposer making the Proposal for the project described in the notice for calling for proposals fo and that I executed the said proposal with full authority to d � � o 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 /1041 in this affidavit in awarding contracts for said project, poi ti (Signe a 6POe ) (Date) STATE OF; COUNTY OF: .. _......._� �., . . . Subscribed and swom to(or affirmed)before me, by means of Kphysicai presence or O online notarization, on �� ` �.. � %4(date)by __....ms (name of 2ffant} He/ is pa it known to me or has produced (type of identification)as identification. r N0`01 U LIC My commission expires: (SEAL) Page 17 of 32 , MOBTREVIWI . MYCCMMIeSIONOMMT991 `` EXE+IRE&:January 30,2027 v , 4340 116� SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that helsho/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". (Signature) Date: STATE OF: TA COUNTY Subscribed and sworn to (or jffl�m d)b flora me,by means owfopohysical presence or Don nenotartzatlon,on--VRoei Q bq 20 (date)by (name of afflant). He/She is porsonaily known to me or has produced a T s C16iitl-fl—ca-t on. (Type of Identification) N�C UBL.C My commission expires, (SEAL) Page IS of 32 4341 DRUG-FREE WORKPLACE FORM The undersigneti vendor in aaccor(hmce watt 11orida simnte,see.287,097 hereby certifies chats (Name of Business) 1, Publishes a statement notifying employees that the unlawlial manutiacture, distribution, dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against eattployce�s for kwkttions of' such prohibition, 2. Infoarns employees about the dangers of drug abuse in the workplace,that business's policy of maintaining a drug-lyee workplace, any available drug counseling, rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations, 3. Hives each employee, engaged in providing the conamoditiea or contractual services that are under proposal a copy of the statement specified in subsection(I), 4. In the statement specified in subsection(1),notifies the employees that,,as a condition of woriting on(lie commodities:or contractual services(list are tinder proposal,the ornployce will abide by the terms of the statement and will notify the employer of arty conviction of, or plea ol"guilty or nolo contenders to,any violation of Chapter 893 i 1(n idaa statutes)or of any controlled substance paw of the tknoed States air any state,for it violation,occurring in the workplawe no later than live(S)days alter such conviction. 5, Imposes 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 firma complies fully with the above requirements. Uva V-1p lira aaasa:r s Si as lure Date STATE,OF: COUNTY OIr° Subscribed and sworn to(or affirmed)before ane,by meaaas of Nei"' physical presence or 0 online notarizAtion,on (date)by s r i % ._ __..f rf (name ofaffiant). UlelShe is personally known to me or has produced t�,p d" Sri-' aart)as adrrata "acauun.tafi �t " dal PUIt (SEAL) My 7ontnatssion Expired: ..171.. _ JOROETREVILLA Page 19 of 32 "s taty coo rift"O NH 31 M . Q�MIl:B: aJO,2D21 4342 ,:x" PUBLIC ENTITY GRIME 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 ( 6) months from the date of being placed on the convicted vendor list," I have read the above and state that neither has been laced t e co jt ndor 11st... ,_h (P he' last rt name)nor any Affiliate nwictad vo�placed ithin the lest thirty-six(36) months. ( i nalure) Date: .. _... Oil`b1 ! ._.._...... STATE OF; COUNTY OF: ,, hXk.___Wk Subscribed and sworn to(or affirmed)before me, by means of rphyslcal presence or 11 online notarization,on the20_1* erso `lbyitnor+rn to m or has producedWM` �mm mm (name of afFiant). He/She is (type of identification)as Identification. My Commis n Expiry �2� 1,..._._ OT Y'° UB3 (SEAL) KMSTPNU.A �,� 4xw NI'lC�i`A1A188tpg�M31t ,r Page 20 of 32 4343 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Doacnptfon(s) Respondent Vendor Name .. Vendor FEIN ° .. Vandor's Authorized�RoprosenlatiNamNa a mT9tt Address: Phone Number.. . .."..,. ,..._, Email�Addraas . tom. w.... ,..,.. "Caaf9:.(„rl 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 215,4726, 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 enlaring into or renewing a contract for goods or services of$1,000,000 or more, that are on either the ScnAmized 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 Liat 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 carlification may subject company to civil penalties,attorney's fees,andlor 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 Wool or placed an the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in (tie 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. Cartifled By. ....uM___.. ...,,,. ,_.._ 1. .._.... . who is authorized to sign on behalf of the above referenced co an Authorized Signature _ .. Print Name L Note:The List are available at the following Department of Management Services Site: cr r Page 21 of 32 4344 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT Enti JVendor Name: ...... � _.... w ... VICES R LABOR R ER ty VendorFEIN: Vendor's Authorized Representativw ...,..... . i. .1 ....,.. �d"....t.. .. . ._.,, . ._Title) ill (3*t le} Address:_ . ..,.� .... .. .:. ame and Tit .......... .... City: m,..a.� ��. .. State ..n.. � .. .._...,. .. . . �..Zip .. . ---- -..... Phone Number: Email Address: .,a �.i91111e . . _.. �... As a nongovernmental entity executing, renewing, or extending a contract with a gove lent 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.p6,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]3y: ._...._�._. . __.. ,�_...�._,��..®... ..........�..��,.�,who is authorized to sign on behalf of the a o �e referenced company. Authorized Signature: _n Print Name , Title: , . ._...w, .W... ...... � ,�.. _....... .�.,..__ Page 22 of 32 4345 4 . .i.....�...�.. ..:. .' .:�..«.,..w. �': �.w 11 of the cl0f. _„ 01 e ,4,". CO cording to lave on my oulb.ad under penalty of perjury,depose and say that: a. I am V of the firth of the bidder making the prukuanl ful UW Iuj"L da:se:tibed in Ott: RCyuwi fui Frupusals fur Upper Keys Pest�ontrol and that I executed the said proposal with full authority to do so; b the Entity 15 not owned by the government of to foreign country of coocem as defined in Section 297 138,Florida SGUutes.(Source:§2H7 138(2)(s),Florida Statutes), o- The government of a foreign country of concern does not have a controlling interest in Entity, (Source: §2H7 1.18(2)(b),Florida Statutes): d. F.nlit) is not owned or controlled by the government of a futeign country of concern,its defined in Section 692.201,Florida Statutes.(Source: §2gH.007(2),Florida Statutes); C. F-11 ti) I.,out a tam it,Cl]llil-,dibMili oil,l.Utputalluit,ulgallitAiiVil,VI udlel I mill,wailun lot 1ielbolah organised under the laws of or having its principal place of huaiucss in a foreign country of concern. as defined in Section 692 201,Florida Statutes,or a subsidiary of such entity.(Source:§2HH.007(2), Florida SialutCsl: f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(I),Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202,692,103.and 692,204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from puwIlLLsitug Olt subja:l teal pruperty.Eutiiy is dillict(a)rlol r persuu ur eulily described in SCeliun 692,204(I)(a), Florida Statutes, or(b)authorized under Section 692.204(2), Florida Salutes, 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) t 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, , l`�tg,iiitltnt' Date: STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before the,by means tar` Ilhysical presence or®online notarization, en w n date)by (name of atTient). [it/She is pemmilily known to sie or has prodwed (typ� tdt Itrtot as identification, NOTARY PUBLIC L Vol My t aaiiiiit: lltin Expil". . JOW 7REVILM Page 23 of 32 i WoolilMION810131MI JONY30,2W ........ .. _._ .mm..... ..._. �... 4346 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a, prea•requrisite 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 speciflod in this contract and any penalties and failure to perform assessments shall be imposed as ifthe work had not been suspended,except for the Contractors Wore to maintain the required insurance. The Contractor will he held responsible for all deductibla5 and self-insured retentions that may he 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 tight to request a certified copy of any or all insurance policies required by this contma All insurance policies must specify that they are not subject to cancellation, non-renewal,material changc,or reduction in coverage unless a minirmun of thirty(30)days prior notification is given to the County by the inauser. 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 32 4347 IU Monroe County Board of County Cornmissiorim, its employees and officials, at 1100 Simonton Street,fey West"Florida 33040,will be inclu as'"A "tional tasured"on all policies, except for Workers"Compensation. Any deviations Prow there General Insurance Requirements must be requested in writing on the County prepared forma entitled"Request for Waiver of Insurance Requirements"and Approved by Monroe County Frisk Managemtettt.Depubnent. eN Page 25 of 32 4348 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $1001000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease,policy I imit&13*dily 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, I 100 Simonton Street,Key West,Florida 33040,shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies, INDEMNIFICA11ON,HOLD HARMLESS,AND DEFV.NSE.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 mason 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,(it)the negligence or rocklessuess,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 oftiability under this Page 26 of 32 4349 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, I'lie limits of liability shall be as set forth in the insurance requirements included in Paragraph 3,0. herein. Insorar 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 or 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 front 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. M(RQNU' 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 Page 27 of 32 4350 AMMENI I have reviewed the above requirements wfth the proposer named above. The following deductibles apply to the corresponding polky. POLICY AECIUCTISLES w, L1ebAl are- occurrence ... ... .�..�. ,. �. '____.W,� . tY policies _... __. Ala ado Insurance Agency Signature Page 28 of 32 4351 . TOWERPE001 .,^DATED 21 N� CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. ..ONLY AND D CONFERS ... ,..., __. .. e .__.H.... ON 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 pollcy(les ..w.a �.....�.�. _ INSURED provisions � end must have ADDITIONAL INSURED provleiona or be endorsed. If SUBROGATION IS WAIVED„ subject to the terms and conditions of the policy,certain polllcles may require an endomemont. A statement on thisCgdptillcate does ITot�� a � d+orsorraont(a�„ n or r is to �c�grtlPlclwstw of ern u o auoh on PRODUCER Ague Wr William Gil)ow, ...... Rlemor Insurance Group,Inc. PadEwt 754 202 0824 rr„, P O Bala'250 i „ , U { )'„,. Hallaodalo,FL 33008 w�as w1a Illy Sri mGrinsurance c0n1. ..... 1d3t#fl I kIL01 AUV' lk4 04,40YE Rr11ll INSURED . aR .F,ainfN II Y. !c►.la !r r e ampap+ Tower Pest Control,Inc. JN Atlt q Technology ltt5r lraknce,Cgt._ 7760 West 201h Ave,Bay 14 ,r Hialeah,FL 33016 easuREA.k.» INSUftA P .� w TINS IS 70 CERTIFY THAT THF POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO n TC"INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RFOUIRFMYFNT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOOLIMENT'WITH RESPECT TO 041CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN YS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CON041IONS OF SUCH POLICIES,LIMi TS 1+t1'4'1M MAY HAVE BEEN REDUCED BY PAID CLAIMS GAG, TYPE Of NRU ppRN C AItlI'Ik,.�a�a.Ilyd� POLICY POLICY ISrP POLtV t xP LIMITS I IIYTtyl 1 . ._ . AXOMMERCIALGENERALLIABILITV „ 0000 7/2212024 7/22/2025gLrgINI aIa N la. . 100,000 a 6,000 L�I1.4TINL minv.PI'anyw. 11000,000 M,rfoPlu.�,allarl' �9'r ' �u rui�,. a rw1lll€ L^�4irHL4�tfi_._ _ 1 2000„000 x, �'talaa �,,..� ��l I ....��....,,� ��..._..,,. . ro',rc,_._.. . .._...................... . .. ,. ,. ...,..� _,..... ',,.......,._� _AQ14. ;t... �__,.,.... ..� .._,0 AUTOMOBILE LIABILITY L�a8�4Mi� BBA9M dr+�ad6 K;aaYS�940 5,,... ._..,.I 000,000 X ANY AIJT0 X 50011426101 712112024 712112025 IgOBIpI k.JCr11 3!la „E„U„awl t �r)uvNE0 SCHEDULED . z AUTOF,ra,ILY AUIUSR" 19C,u? 41lY laFPr IYII t_� .,m vaa�Nrc I' PdCIPCRgqY{,YAp Clr X Ad t ONLY (X Aaq OU IM, Ta�CrruCdl l *� UMBRELLALIA9 X ,r4lYr IA pa K;„�01IraiC,I„, ,a.. 40000Q0 CE33 LIAe tva d+a No',7a uCEXB102003 7122/2024 7122/2025 ✓I I9Ib.�.0 1.,. rlaa XImarNuserwx B Aggrogato 4„000,000 C 1lITKERSCt,'NPENS TI .._. ,_....„... ..... --�--- ...,.,.. X ' t "' cesaba a�Taaada al°le r� TWC4450272 .,.w..........._. _.m.0.7,...... i 000 000.... N'YP r1wI V Ya�c1.GItFw1,,xa�:cunvr wI N!A X 6 io�44„�0lri,I, ... .i_, /2212024 ' ?/22/2026 L 11000,000V Iv' f �r was„�trb,aw„r+�ou„.arr � �T L L 4,'4�i: �C LAJ 4T Cl'+I,u� 4„000 000 �,....S��.EL4?!'C C64'.8��. E„Iu.I �RRi:�+�x��_.... .. .,.,.,.w,_�.. ......,.w ��Y . x . m _, w• w u� �4i1 T .0 OL°SCRIPTION Of OP'ERATIONS I LOCATIONS I VEHICLES tACORO 101,Addlflonal Ramuks Schedule,may be attechap If more spew Is required) Post Control Operations Monroe County Board of County Commissioners„Its amployaes and officals Is incllldod as Addlhonal hlsurod with mspscts to General Liability&Auto Liaiallfly,Walvar of Subr000tlon with respects to Iha General Liability 4 Workors Coanponsahon,applies as requirad by written contract,subject to policy Corms,condillons and oxclusions with roilards to Iho Named lnsrlrod"s oporations, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIN ATE THEREOF, Monroe County Board of County Commissioners ACCORDANCAE TIO WITH THE POLICY PR VISIONSCE WILL BE DELIVERED IN t100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD 4352 r4N MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS ft is requested that the insurance requirements,as&pacifled in the County's Schedule of Insurance Requirements,be waived or modified on the following contract, Cont metor/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 ContractorNendor: Data:_ Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved:- Date: B04W of County Commissioners appeal: Approved: Not Approved:- Meeting Date: Page 30 of 32 4353 Attachment A MIDDLE KEYS PEST CONTROL FACILITY ADDRESS FREQUENCY Munro*,(.o I Health )gLpttr�q!t.... h F l wglafar t qr�, I svernier Monthl p. Plnntrn 4oarnusn 88770 Overseas Highway. Conthlv... .. � .: Ellis_ Building Monthl1'�. SPYt# pMV 1 s n ..... . ,...._�®. _.... 101463 WM..,_on_t.. ___...V,.. e ,a .. e a89- oci lSe ice 101491 Overseas Highway Monthly t �A.1 ....... lulurraY Nefsan fwrrrrunt t` M�tr... 1C20C„+ re11a! I. _.._Glonthly ....... . .... Tave ier Fire Station#22 �..m 151 Marine Avenue IVionthly ntorj4 l,lbray! � _.__. 81830 Overseas ahvrn hn�nth�. KeY 1 ! r. ... ...... 101485 Overseas Highway �tlOnthl «� 0 �. —, � .__ � _......1-1 �a�w. ,. n9tatnzor �� .... ..._ �� ._Road Monthly, ��.. Ke Id 53141 Pornt��.�...m._� ..... onrra otut, ,,,... Overseasartert �' tY 1 ieeti 7531 �y Key Largo(Magnolia)Public Works& 300 Magnolia Street Chad and Brdg .,.�. .� � �rterLX. 58 � Page 31 of 32 4354 Attachment B NOTICE PESTICIDE FERTILIZER TREATMENT Our Integrated Pest Management (IPM) policy requires that problems with pests such as weeds,rodents,or insects on County properties be solved by using the lowest risk methods. Where pesticides must be used, only the least toxic products are permitted. TARGET PEST: OTHER ACTIONS ATTEMPTED: AREA TREATED: PESTICIDE/FERTILIZER NAME(S): ACTIVE INGREDIENT: SIGNAL WORD: CAUTION WARNING DANGER EPA NUMBER: ,.-,-,, PM CONTACT INFO: Monroe County Facilities Maintenance Dept.(305)295.4385 DATE/TIME OF APPLICATION: DATE COMPLETED: TREATMENT POSTPONTED UNTIL: Page 32 of 32 4355 ATTACHMENT A TOWER PEST CONTROL PROPOSAL f'OR UPPER KEYS PEST CONTROL 4356 TOWER PEST CONTROL Estimate 7760 W 20 Avenue Bay 14 Hialeah, FL 33016 US +13058213888 Tower jessica@towerpestcontrolmiami.com pest control ADDRESS SHIP TO Monroe County Monroe County 1100 Simonton Street 1100 Simonton Street Key West, A 33040 Key West, FI 33040 ESTIMATE* DATE 189472 10/29/2024 ACTIVITY OTY RATE AMOUNT monroe 12 87.55 1,050.60 Pest Control Services provided to MC Health Dept Monthly Service monroe 12 108.15 1,297.80 Pest Control Services provided to Plantation Key Courthouse Monthly Service monroe 4 77.25 309.00 Pest Control Services provided to MC Fleet Garage Quarterly Service monroe 12 77.25 927.00 Pest Control Services provided to Ellis Bldg, Monthly Service monroe 12 51.50 618.00 Pest Control Services provided to Key Largo DMV Monthly Service February thru September 2024 monroe 12 72.10 865.20 Pest Control Services provided to Social Services,Monthly Service monroe 12 108.15 1,297.80 Pest Control Services provided Murray Nelson Govt Center, Monthly Service monroe 4 87.55 350.20 Pest Control Services provided Public Works Complex,Quarterly Service monroe 12 56.65 679.80 Pest Control Services provided Tavernier Fire Station, Monthly Service monroe 12 51.50 618.00 Pest Control Services provided to Islamorada Library, Monthly Service monroe 12 51.50 618.00 Pest Control Services provided Key Largo Library, Monthly Service 4357 ACTIVITY OTY RATE AMOUNT monme 12 87,65 1,050.60 Pest Control Services provided Plantatlon Key Old Courthouse, Monthly Service REVISED Monthly Services from October 2024 thru September 2025 SUBTOTAL 9,682.00 TAX 0.00 TOTAL dhf% W,682.00 Accepted By Accepted Date 4358 ATTACHMENT C ADDITIONAL BID REQUESTS CHARTER PEST CONTROL 4359 ESTIMATE FOR PEST CONTROL AT THE FOLLOWING LOCATIONS MONTHLY SERVICE TA VERNIER Health Department 50 High Point Road 10.00 Ellis Building 88800 Overseas Highway $ 66.00 Tavernier Fire Station#22 151 Marine Avenue $ 10.00 Plantation Key Old Courthouse 53 High Point Road $ 150.00 I KEY LARGO 47 D Key Largo DMV/Tax Office 101463 Overseas Highway 65.00 Key Largo Social Service 101491 Overseas Highway $ 65.00 r Ud Murray Nelson Government CTR 102060 Overseas Highway $ 200.00 Key Largo Library 101485 Overseas Highway $ 150.00 r QUARTERLY KEY LARGO L 3 j),?o Key Largo(Magnolia) PW 300 Magnolia Street $ 110.00 ISLAXORAVA Plantation Key Courthouse 88770 Overseas Highway $200.00 Islamorada Library 81830 Overseas Highway $ 200.00 QUARTERL Y ISLAMOR40A Monroe County Fleet 87831 Overseas Highway $ 86.00 � 3 1 4360 /K PI O " C 01ll:DI lu( I°IT�R.CILAS.PIG POl IC'i" ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Everbridge, Inc Contract# Q-177311 Effective Date: 01/01/2025 Expiration Date: 12/31/2025 Contract Purpose/Description: Renewal of Everbridge Mass Notification contract. This contract is necessary to continue vital Alert Messaging to residents of Monroe County if the event of emergencies or urgent message situations Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cory D. Schwisow 6065 EM/ 14 (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ 14,826.20 Current Year Portion: $ N/A (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the h�c�ia11 Iii; umiuufihWqe anio punt is V 00,„4;0,00 Or nl 88) Budgeted?Yes X No ❑ Grant: $N/A County Match: $ N/A Fund/Cost Center/Spend Category:CC 13500, Ledger: 530310, SC_00036 - Other Contractual Services ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: N/A (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑ NO X CONTRACT REVIEW w r Department Head Signature: Digital ly zigned by Cynthia L.Hall }.�♦ eDN._Cynthl�L.Hall,o MaU County BOCC,au, County Attorney Signature: @@@ nail=hull-cyntha(nmunroe un yfl guv,c=US t7 Hate:zaza.t a zz ayse:zs-ga•aa Risk Management Signature: 10.22.24 igi aD'—'tally sign�ie by Lisa �+ Abreu 6S� reu Date:2024.10.28 Purchasing Signature: Quinn John Quinn Date:2024.10.28 OMB Signature: _ 13,49,16-04'00' Comments: 4361 NK P I R O " C ()11UP4T'i( I°I T�R.CI LA S.P IG P OLI CI( N1,1011LAL ATTACHMENT D.5 Revised BOCC 4/19/2023 4362 Q Q . Q @1/e�b��C�CJr �a f��°�f�uft amu,*Avmirw ' u�u�cetfi�� 11 2 ���.� 04111823CY9700 eyerb d ,com 'W4d fasmWmam CA3tf01 USA Faum ol-012 2'30 91505 Prepared for: Quotation Shannon Davis Weiner Quote#: Q-177311 Monroe County, FL Date: 9/26/2024 2796 Overseas Hwy. Expires On: 12/13/2024 Marathon FL 33050 Confidential United States Salesperson: Dwight Paul Ph: (305)289-6012 Phone: Fax: 305-289-2493 Email: dwight.paul@everbridge.com Email:weiner-shannon@monroecounty-fl.gov Contract Summary Information: Contract Period: 12 Months Contract Start Date: 1/1/2025 Contract End Date: 12/31/2025 QTY Product Code Description GSA Classification Price pg 19120 82,244 101-11-11-0255-000 Mass Notification Pro-MN Bundle SLG 3 GSA Product USD 12,905.51 pg 57 82,244 101-00-11-0246-000 Resident Connection-Life Safety-USA-1 GSA Product USD 1,920.69 Pricing Summary: Year One Fees: USD 14,826.20 One-time Implementation and Setup Fees: USD 0.00 Professional Services: USD 0.00 Total Year One Fees Due: USD 14,826.20 Messaging Credits Summary: Initial Credits Allowance Additional Credits Purchased Total Credits Year 1 2,000,000 0 2,000,000 Quote Terms: 1, Quote subject to terms&conditions of GSA Contract No.47QTCA24DO083 and the GSA Approved End User License Agreement("EULA"),the latter of which is attached hereto and incorporated by reference. 2, Messaging Credits listed above can be used for Notifications and expire at the end of each year. Consumption of Messaging Credits in excess of these amounts in any year will incur additional charges. 3. Subject to sales taxes where applicable. 4. The supplemental notes below,if any,supplied in this Quote are for informational purposes and not intended to be legally binding or override GSA Contract No.47QTCA24D0083,or the EULA. Page 1 of 2 4363 Please, Sign, Date and Return: Signature Signature: C4, , 10/10/2024 Email: Hurley-Christine@monroecounty-fl.gov Name(Print): Christine Hurley Title: County Administrator, Monroe County Please, Sign, Date and Return: Signature: Date: Name(Print): Title: Everbridge, Inc. 55 North lake Avenue,Suite 900 Pasedena,CA 91101 (818)230-9700 THANK YOU FOR YOUR BUSINESS! Approved as to form and legal sufficiency: Monroe County Attorney's Office 10-2-2024 Page 2 of 2 4364 vo everbridge- Everbridge, Inc. GSA Approved End User License Agreement-SaaS This End User License Agreement("Agreement") is entered into by and between Everbridge, Inc. ("Everbridge")and an Ordering Activity, an entity entitled to order under GSA Schedule contracts as defined in GSA Order ADM 4800.2H, as may be revised from time to time ("Client"), effective on the date of signature by an authorized signatory on the Quote or other ordering document ("Effective Date"). Everbridge and Client are each hereinafter sometimes referred to as a "Party" and collectively, the "Parties." 1. SERVICES. 1.1 Orders. Everbridge shall provide Client access to its proprietary interactive communication solutions (the "Solutions") subject to the terms and conditions set forth in this Agreement and the description of services and pricing provided in the applicable quote or other ordering document (e.g., statement of work) (the "Quote") and the applicable Solution documentation (the "Documentation"). If applicable, Everbridge shall provide the training and professional services("Professional Services")set forth in the Quote. Collectively,the Solutions and Professional Services are referred to as the"Services". Everbridge shall provide Client with login and password information for each User(as defined below) and will configure the Solutions based on the maximum number of Contacts (as defined below) or Users, as applicable depending on the Solutions ordered. Client shall undergo the initial setup and training as set forth in the onboarding Documentation within sixty (60) days of the Effective Date. Unless otherwise provided in the applicable Quote or Documentation, Services are purchased as annual subscriptions. 1.2 Users; Contacts. "Users" are individuals who are authorized by Client from time to time to use the Solutions for the purposes of sending notifications, configuring templates, reporting or managing data, serving as system administrators, or performing similar functions, and who have been supplied user identifications and passwords by Client. Users may include employees and contractors of Client or an Included Department. "Included Department" means any enterprise department, office, agency, or other entity that receives a majority of its funding from the same general or enterprise fund, as applicable, as the Client. "Contacts" are individuals who Client contacts through the Solutions and/or who provides their personal contact information to Everbridge, including through an opt-in portal. If applicable to the particular Solution, the number of Users and/or Contacts that may be authorized by Client is set forth on the Quote. 2. PAYMENT TERMS. Everbridge shall invoice Client annually in advance for all Solutions and Professional Services, and Client shall pay the fees set forth in the Quote within thirty (30) days from date of invoice. All pricing must be consistent with the Schedule Price List. If Client exceeds any role-based numbers, messaging credits or other usage levels consistent with the Schedule Price list. All Professional Services must be used within 12 months from date of purchase. 3. RESPONSIBILITIES. 3.1 Client Data. Client shall retain all ownership rights in all Contact data and all electronic data Client transmits to Everbridge to or through the Solutions ("Client Data"). Client represents that it has the right to authorize and hereby does authorize Everbridge to collect, store and process Client Data subject to the terms of this Agreement. Client shall maintain a copy of all Contact data it provides to Everbridge. 3.2 Use of Solutions. Client is responsible for all activity occurring under Client's account(s) and shall comply with all applicable Privacy Laws(as defined below)and all other applicable laws and regulations in connection with Client's use of the Services, including its provision of Client Data to Everbridge. Client shall be responsible for ensuring that there is a lawful basis for sending communications through the Solutions to Contacts including,where applicable, obtaining the required consent of Contacts.Client shall use the Service in accordance with Everbridge's then applicable Acceptable Use Policy posted on www.everbridcie.com. Client shall promptly notify Everbridge of any unauthorized use of any password or account of which Client becomes aware. Client acknowledges that the Solutions are a passive conduit for the transmission of Client Data, and Everbridge has no obligation to screen, preview or monitor content, and shall have no liability for any errors or omissions or for any defamatory, libelous, offensive or otherwise unlawful content in any Client Data, or for any losses, damages, claims, or other actions arising out of or in connection with any data sent, accessed, posted or otherwise transmitted via the Solutions by Client, Users or Contacts, except to the extent such losses are caused directly by the acts or omissions of Everbridge personnel. 3.3 Data Privacy. Everbridge shall abide by all applicable Privacy Laws in connection with the operation of the Solutions. "Privacy Laws" means all U.S.federal and state laws and regulations regarding consumer and data protection and privacy. 3.4 Data Security. Everbridge's IT security and compliance program includes the following standards generally adopted by industry leading SaaS providers: (i) reasonable and appropriate technical, organizational, and security measures against the destruction, loss, unavailability, unauthorized access or alteration of Client Data in the possession or under the control of Everbridge, including measures to ensure the availability of information following interruption to, or failure of, critical business processes; and (ii) an annual assessment of its security controls performed by an accredited third party audit firm in accordance with the Statement on Standards for Attestation Engagements No. 18 (SSAE 18). Upon request, Everbridge shall provide Client with a copy of its current SSAE 18 SOC 2 report. Everbridge's security framework is based on the security requirements and controls within US National Institute of Standards and Technology (NIST) Special Publication 800-53 — Security and Privacy Controls for Information Systems and Organizations. The NIST 800-53 security requirement standard has direct mapping to other security and data privacy frameworks, including global information security standard ISO 27001, HIPAA-HITECH, and HITRUST. The data security procedures that Everbridge follows when providing the Solutions are included at the following URL: https:Hdocs.everbridge.com/cdn/legal/Data- Security-Exhibit,2±. GSA EULA February 2024 4365 4. TERM. The term of this Agreement shall begin on the Effective Date and shall expire when all underlying Quotes with Client or its Affiliates have expired in accordance with the terms of such Quotes, unless terminated earlier as provided herein. 5. SUSPENSION. 5.1 Suspension.Everbridge may temporarily suspend Client's access to the Solutions or any portion thereof for(i)emergency network repairs, threats to, or actual breach of network security; or(ii) any legal, regulatory, or governmental prohibition affecting the Solution. Everbridge shall use its best efforts to notify Client through its Client Portal and/or via email prior to such suspension and shall reactivate any affected portion of the Solution as soon as possible. 6. PROPRIETARY RIGHTS. 6.1 Grant of License. Subject to the terms and conditions of this Agreement, Everbridge hereby grants to Client, during the term of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable right to use the Solutions. 6.2 Restrictions. Client shall use the Solution solely for its internal business purposes. In particular, Client's use of the Solutions shall not include service bureau use, outsourcing, renting, reselling, sublicensing, or time-sharing. Client shall not (i) sell, transfer, assign, distribute or otherwise commercially exploit or make the Solution available to any third party except as expressly set forth herein; (ii) modify or make derivative works based upon the Solution; (iii) reverse engineer the Solution; (iv) remove, obscure or alter any proprietary notices or labels on the Solution or any materials made available by Everbridge; (v)use,post,transmit or introduce any device, software or routine (including viruses, worms or other harmful code) which interferes or attempts to interfere with the operation of the Solution; or(vi) defeat or attempt to defeat any security mechanism of any Solution. 6.3 Reservation of Rights.The Solutions(including all associated computer software(whether in source code, object code, or other form),databases,indexing,search,and retrieval methods and routines, HTML,active server pages, intranet pages,and similar materials) and all intellectual property and other rights, title, and interest therein (collectively, 1P Rights"), whether conceived by Everbridge alone or in conjunction with others, constitute Confidential Information and the valuable intellectual property, proprietary material,and trade secrets of Everbridge and its licensors and are protected by applicable intellectual property laws of the United States and other countries. Everbridge owns(i) all voluntary feedback regarding the design or operation of the Services(except for the Client Data) provided to Everbridge by Users, Client and Contacts in conjunction with the Services, and (ii) all aggregated and anonymized transactional, performance, derivative data and metadata generated in connection with the Solutions, which are generally used to improve the functionality and performance of the Services. Except for the rights expressly granted to Client in this Agreement,all rights in and to the Solutions and all of the foregoing elements thereof(including the rights to any work product resulting from Professional Services and to any modification, enhancement, configuration or derivative work of the Solutions) are and shall remain solely owned by Everbridge and its respective licensors. Everbridge may use and provide Solutions and Professional Services to others that are similar to those provided to Client hereunder, and Everbridge may use in engagements with others any knowledge, skills, experience, ideas,concepts, know-how and techniques used or gained in the provision of the Solutions or Professional Services to Client, provided that, in each case, no Client Data or Client Confidential Information is disclosed thereby. 7. CONFIDENTIAL INFORMATION. 7.1 Definition."Confidential Information"means all information of a Party("Disclosing Party")disclosed to the other Party ("Receiving Party"), whether orally, electronically, in writing, or by inspection of tangible objects (including, without limitation, documents or prototypes),that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.Confidential Information includes without limitation,all Client Data,the Solutions, and either Party's business and marketing plans, technology and technical information, product designs, reports and business processes.Confidential Information shall not include any information that:(i)is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (ii)was known to Receiving Party prior to its disclosure by Disclosing Party without breach of any obligation owed to Disclosing Party; (iii)was independently developed by Receiving Party without breach of any obligation owed to Disclosing Party; or(iv) is received from a third party without breach of any obligation owed to Disclosing Party. 7.2 Protection. Receiving Party shall not disclose or use any Confidential Information of Disclosing Party for any purpose other than performance or enforcement of this Agreement without Disclosing Party's prior written consent. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, including under the Freedom of Information Act or other public information request (i.e., "state sunshine" laws) it shall provide Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if Disclosing Party wishes to contest the disclosure. Receiving Party shall protect the confidentiality of Disclosing Party's Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). Receiving Party shall promptly notify Disclosing Party if it becomes aware of any breach of confidentiality of Disclosing Party's Confidential Information. 7.3 Upon Termination. Upon any termination of this Agreement, the Receiving Party shall continue to maintain the confidentiality of the Disclosing Party's Confidential Information and, upon request and to the extent practicable, destroy all materials containing such Confidential Information. Notwithstanding the foregoing, either Party may retain a copy of any Confidential Information if required by applicable law or regulation, in accordance with internal compliance policy, or pursuant to automatic computer archiving and back-up procedures, subject at all times to the continuing applicability of the provisions of this Agreement. 2 4366 8. WARRANTIES; DISCLAIMER. 8.1 Everbridge Warranty. During the duration of the Term, Everbridge shall provide the Solutions in material compliance with the functionality and specifications set forth on the applicable Solution Documentation during the period the Services are purchased. Everbridge shall provide 24X7X365 Client support in accordance with its most recently published Support Services Guide.Professional Services shall be performed in a professional manner consistent with industry standards. 8.2 Disclaimer.THE FOREGOING REPRESENT THE ONLY WARRANTIES MADE BY EVERBRIDGE HEREUNDER, AND EVERBRIDGE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EVERBRIDGE DOES NOT WARRANT THAT THE SOLUTION WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL EVERBRIDGE HAVE ANY LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE ARISING FROM FAILURE OF THE SOLUTION TO DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF EVERBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 8.3 SMS Transmission. CLIENT ACKNOWLEDGES THAT THE USE OF SHORT MESSAGING SERVICES("SMS"),ALSO KNOWN AS TEXT MESSAGING, AS A MEANS OF SENDING MESSAGES INVOLVES A REASONABLY LIKELY POSSIBILITY FROM TIME TO TIME OF DELAYED, UNDELIVERED, OR INCOMPLETE MESSAGES AND THAT THE PROCESS OF TRANSMITTING SMS MESSAGES CAN BE UNRELIABLE AND INCLUDE MULTIPLE THIRD PARTIES THAT PARTICIPATE IN THE TRANSMISSION PROCESS, INCLUDING MOBILE NETWORK OPERATORS AND INTERMEDIARY TRANSMISSION COMPANIES. ACCORDINGLY, EVERBRIDGE RECOMMENDS THAT SMS MESSAGING NOT BE USED AS THE SOLE MEANS OF COMMUNICATION IN AN EMERGENCY SITUATION. 9. INDEMNIFICATION. 9.1 By Everbridge. Everbridge shall defend, indemnify and hold Client harmless from and against any Claim against Client arising out of (i) any breach by Everbridge of applicable Privacy Laws; (ii) any breach by Everbridge of its data security obligations under Section 3.4; or (iii) an allegation that the Solution as contemplated hereunder infringes an issued patent or other IP Right in a country in which the Solution is provided to Client. If(x) any aspect of the Solution is found or, in Everbridge's reasonable opinion is likely to be found,to infringe upon the IP Right of a third party or(y)the continued use of the Solution is enjoined,then Everbridge will promptly and at its own cost and expense at its option: (i) obtain for Client the right to continue using the Solution; (ii) modify such aspect of the Solution so that it is non-infringing; or(iii) replace such aspect of the Solution with a non-infringing functional equivalent. If, after all commercially reasonable efforts, Everbridge determines in good faith that options (i) - (iii) are not feasible, Everbridge will remove the infringing items from the Solution and refund to Client on a pro-rata basis any prepaid unused fees paid for such infringing element.The remedies set forth in this Section 9.2 are Client's exclusive remedy for Claims for infringement of an IP Right. Everbridge shall have no obligation or liability for any claim pursuant to this Section to the extent arising from: (i)the combinations, operation, or use of the Solution supplied under this Agreement with any product, device, or software not supplied by Everbridge to the extent the combination creates the infringement; (ii) the unauthorized alteration or modification by Client of the Solution; or (iii) Everbridge's compliance with Client's designs, specifications, requests, or instructions pursuant to an engagement for Everbridge Professional Services relating to the Solution to the extent the claim of infringement is based on the foregoing. 9.2 Indemnification Process.The indemnifying party's obligations under this Section 9 are contingent upon the indemnified party (a) promptly giving notice of the Claim to the indemnifying party once the Claim is known; (b) giving the indemnifying party sole control of the defense and settlement of the Claim (provided that the indemnifying party may not settle such Claim unless such settlement unconditionally releases the indemnified party of all liability and does not adversely affect the indemnified party's business or service); and (c) providing the indemnifying party all available information and reasonable assistance. 10. LIABILITY LIMITS. To the maximum extent permitted by law, neither Party shall have any liability to the other Party for any indirect, special, incidental, punitive, or consequential damages, however caused, under any theory of liability, and whether or not the Party has been advised of the possibility of such damage. Except for its indemnification obligations under Section 9, notwithstanding anything in this Agreement to the contrary, in no event shall Everbridge's aggregate liability, regardless of whether any action or claim is based on warranty, contract, tort or otherwise, exceed amounts paid or due by Client to Everbridge hereunder during the 12-month period prior to the event giving rise to such liability. Client understands and agrees that these liability limits reflect the allocation of risk between the Parties and are essential elements of the basis of the bargain, the absence of which would require substantially different economic terms.This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Agreement under any federal fraud statute. Furthermore, this clause shall not impair nor prejudice the U.S. Government's right to express remedies provided in the schedule contract(i.e. Price Reductions, Patent Indemnification, Liability for Injury or Damage, Price Adjustment, Failure to Provide Accurate Information). 11. INSURANCE. Everbridge will maintain during the term of this Agreement the following coverages: (i)General Liability insurance, with liability limits of at least $5,000,000; (ii) Network Technology/Cyber Liability coverage with limits of at least $5,000,000; and (iii) workers' compensation insurance as required by the state or local law in which the work is performed. Upon request by Client, Everbridge shall provide Client a certificate of insurance evidencing such coverages. 12. MISCELLANEOUS. 12.1 Non-Solicitation.As additional protection for Everbridge's proprietary information,for so long as this Agreement remains in effect, and for one year thereafter, Client agrees that it shall not, directly or indirectly, solicit, hire or attempt to solicit any employees of Everbridge; provided, that a general solicitation to the public for employment is not prohibited under this section. 3 4367 12.2 Force Majeure; Limitations. See GSA Schedule 70 contract and individual ordering document. 12.3 Waiver; Severability. The failure of either Party hereto to enforce at any time any of the provisions or terms of this Agreement shall in no way be considered to be a waiver of such provisions. If any provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted or revised, and the remaining provisions shall continue in full force and effect to the maximum extent possible so as to give effect to the intent of the Parties. 12.4 Assignment. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned (including an assignment by operation of law), or otherwise transferred, in whole or in part, by Client, and any such attempted assignment shall be void and of no effect without the advance written consent of Everbridge,which shall not be unreasonably withheld. 12.5 Governing Law. This Agreement shall be governed and construed in accordance with the federal laws of the United States of America. 12.6 Notices. Legal notices (e.g., claimed breach or termination) to be provided under this Agreement shall be delivered in writing (a) in person, (b) by nationally recognized overnight delivery service, or(c) by U.S. certified or first class mail to the other party as set forth on the signature page hereto.All legal notices shall be deemed to have been given upon receipt or, if under(c), three (3) business days after being deposited in the mail. Either party may change its address by giving notice of the new address to the other party pursuant to this Section and identifying the effective date of such change. Everbridge may provide all other notices to Client's billing contact on the Client Registration Form or, with respect to availability, upgrades or maintenance of the Solutions, to the Everbridge Support Center. 12.7 No Third-Party Beneficiaries.There are no third-party beneficiaries to this Agreement. 12.8 Survival.Sections 2, 3.1,6, 7,9, 10 11, 12 and the applicable provisions of Exhibit A shall survive the expiration or earlier termination of this Agreement. 12.9 Equal Employment Opportunity. Everbridge, Inc. is a government contractor and is subject to the requirements of Executive Order 11246, the Rehabilitation Assistance Act and VEVRAA. Pursuant to these requirements, the Equal Opportunity Clauses found at 41 Code of Federal Regulations sections 60-1.4(a) (1-7), sections 60-250.4(a-m), sections 60-300.5 (1-11) and sections 60-741.5 (a) (1-6) are incorporated herein by reference as though set forth at length, and made an express part of this Agreement. 12.10 Export Compliant. Neither Party shall export,directly or indirectly,any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval. Client shall not permit Users to send notifications to a Contact in a U.S.embargoed country or in violation of any U.S.export law or regulation. 12.11 U.S. Government End-Users.The Solutions and related documentation are"commercial items"as defined at 48 C.F.R. 2.101, consisting of"commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R.227.7202-1 through 227.7202-4, U.S.government Clients and end- users acquire licenses to the Solutions and related documentation with only those rights set forth herein. 12.12 General. Any right, obligation or condition that, by its express terms or nature and context is intended to survive the termination or expiration of this Agreement, shall survive any such termination or expiration hereof. This Agreement, and any other document referencing and governed by this Agreement may be executed in one or more counterparts, each of which shall be deemed an original,but which together shall constitute the same agreement. Each Party agrees to be bound by its digital or electronic signature, whether transmitted by fax machine, in the form of an electronically scanned image(e.g., in .pdf form), by email, or by other means of e-signature technology, and each Party agrees that it shall accept the signature of the other Party transmitted in such a manner. 4 4368 EXHIBIT A Additional Business Terms The following additional business terms are incorporated by reference into the Agreement as applicable based on the particular products and services described on the Quote. If Client Is Ordering Nixle®Products or Community Engagement: 1. Client grants to Everbridge a non-exclusive, royalty free,worldwide and perpetual right and license(including sublicense) to(a)use,copy,display,disseminate, publish,translate,reformat and create derivative works from communications Client sends through the Solutions for public facing communications to citizens, other public groups and public facing websites, including social media(e.g., Google®, Facebook®) (collectively, "Public Communications"), (b)use and display Client's trademarks, service marks and logos, solely as part of the Public Communications to Contacts who have opted in to receive those Communications, and on other websites where Everbridge displays your Public Communications, as applicable, and (c) place a widget on Client's website in order to drive Contact opt-in registrations. Client further acknowledges and agrees that all personal information from individuals registering through such widget is owned expressly by Everbridge and such information will be governed by the applicable Privacy Policy. If Client Is Ordering Everbridge Suite Products: 1. Messaging Credits. The Solutions include units of usage ("Messaging Credits") for communications sent by Client through the Solutions to multiple Contacts via one or more communication paths ("Notifications"). No Messaging Credits shall be required to send Notifications by push notification(Everbridge mobile application), by email or by pager. If Client's use of the Solutions exceeds the amount of Messaging Credits allocated to the account or previously purchased, Client shall pay for such overages and charges back to the date they were incurred. Unused Messaging Credits expire at the end of the annual billing period under the applicable Quote and are not refundable. Additional Messaging Credits may be purchased separately. 2. Usage. Messaging Credits shall be applied per Notification sent by Client through the Solutions. A single Notification is defined as follows: ■ SMS Text messages: i. For messages that contain only GSM characters, each 153 characters or portion thereof. ii. For messages that contain any non-GSM characters, each 67 characters or portion thereof. iii. GSM characters include only characters in the GSM 7-bit default alphabet. iv. Character limits for SMS Text messages are determined by telecommunication providers. Everbridge reserves the right to change the length of a single SMS Text message if telecommunication providers update these amounts. ■ Voice messages or Conference Voice: One minute or portion of a minute of the voice message, calculated on a cumulative basis per month, per destination country. ■ TTY: One minute per TTY message. ■ Fax: Per page transmitted. 3. Role-based Limits. If Client exceeds any role-based limits (such as the number of Contacts, Resolvers or authorized users of a Solution) set forth on the applicable Quote, Client shall pay for such additional role-based numbers as of the date that the overage began.Payment shall be at the role-based number rate in the Quote and shall be paid for the duration of the term of such Quote. 4. Other Usage Limits. If the applicable Quote sets forth any geographic, departmental, entity-based or other limitation on usage of the Solutions,then Client's use of the Solutions is expressly limited to Contacts who are based in such geographic area, department or entity or who otherwise meet the usage limitation criteria specified in the Quote. Client's use of the Solutions with any Contacts who are not included within such limitations shall constitute a material default under this Agreement and shall subject such Client to additional charges for such unauthorized usage. 5. Data Feeds.Client shall not use any automated device,computer program,software,tool,algorithm, bot or similar process to mine or systematically scrape or extract data from any of the products, except as authorized in writing by Everbridge. Notwithstanding anything to the contrary in this Agreement, to the extent that Client has purchased or accesses Data Feeds, the content such feeds are provided solely on an "AS IS" and "AS AVAILABLE" basis and Everbridge disclaims any and all liability of any kind or nature resulting from (a)any inaccuracies or failures with respect to such Data Feeds or (b)any actions taken by Client as a result of its use of the Solutions or its content.All Data Feeds are provided solely as a convenience and do not constitute an endorsement by Everbridge.The sole and exclusive remedy for any failure, defect, or inability to access the content of such Data Feed shall be to terminate the Data Feed with no further payments due. "Data Feed" means data content or websites licensed or provided by third parties to Everbridge and supplied to Client in connection with the Solution (e.g., real time weather system information and warnings, 911 data, third party maps, and situational intelligence) or publicly-available information that Client accesses on the Internet while using the Services. Clients purchasing Visual Command Center or Signal products further agree that they will comply with the Data Feed Terms and Conditions found at httcs://www.everbridcie.com/wp®content/ur)oads/Data-Feed-Terms-and-Conditions-Oct- 2019,gdf. 5 4369 6. Resident Connection Data. If a Client is purchasing Resident Connection Data, Everbridge provides to Client a limited, non-exclusive, non-transferable, non-sublicensable, right to use mobile, landline and VoIP telephone records ("Resident Connection Data") in connection with emergency notifications sent through the Everbridge Solutions. Resident Connection Data is Confidential Information of Everbridge and is subject to the confidentiality obligations in Section 7 and the license restrictions in Section 6.2 of this Agreement. Unless provided herein, Resident Connection Data is owned expressly by Everbridge and rights to use such data terminates upon the termination or expiration of this Agreement. Non-Emergency Messaging 1. If Client is using the solution to send non-emergency calls, text messages or emails to consumers, Client expressly agrees to comply with the Telephone Consumer Protection Act of 1991,including its implementing regulations,and any other similar laws and regulation(collectively,"Consumer Protection Law").Client shall not violate these or others applicable laws and warrants that it shall receive express consent from Contacts if its messages fall within these Consumer Protection Laws. 6 4370 EXHIBIT B IPAWS-CMAS/WEA Addendum This addendum is incorporated by reference into the Agreement as applicable based on the particular products and services described on the Quote. 1 PAWS Authorization. Client represents and warrants to Everbridge that any employee, agents, or representatives of Client who access IPAWS-OPEN using Client's credentials provided by FEMA(each, an "IPAWS User"), are authorized by FEMA to use IPAWS-OPEN, have completed all required training, and Client has executed an (PAWS Memorandum of Agreement("MOK)with FEMA. Client shall contact Everbridge immediately upon any change in Client or any(PAWS User's right to access IPAWS-OPEN. Client shall only access IPAWS-OPEN using its designated credentials and FEMA issued digital certificate ("Digital Certificate"). Client acknowledges and agrees that Everbridge shall not have access to its credentials and that Client assumes full responsibility for maintaining the confidentiality of any credentials issued to it. Client shall be solely responsible for any and all claims, damages, expenses (including attorneys' fees and costs) that arise from any unauthorized use or access to IPAWS-OPEN. 2. Credentials. Client shall load and maintain within its Everbridge account Organization, its Digital Certificate, COG ID, and Common Name. Client authorizes and requests Everbridge to use the foregoing stored information to connect Client to IPAWS-OPEN. 3. Messaging. Client acknowledges and agrees that: (i) upon submission of messages to IPAWS-OPEN, Everbridge shall have no further liability for the distribution of such message, and that the distribution through IPAWS-OPEN, including, but not limited to, delivery through the Emergency Alert System or the Commercial Mobile Alert System, is in no way guaranteed or controlled by Everbridge; (ii) Everbridge shall not be liable as a result of any failure to receive messages distributed through IPAWS-OPEN; (iii) (PAWS may include additional features not supported through the Everbridge system, and Everbridge shall not be required to provide such additional features to Client; and (iv) Client shall be solely responsible and liable for the content of any and all messages sent through IPAWS-OPEN utilizing its access codes. 4. Term. Client acknowledges and agrees that access to IPAWS-OPEN shall be available once Client has provided Everbridge with the Digital Certificate and any other reasonably requested information to verify access to the system. Upon termination of the Agreement access to IPAWS-OPEN shall immediately terminate. In addition, Everbridge may immediately terminate, without liability, access to IPAWS-OPEN, if Client breaches this Addendum, the MOA, or FEMA changes the IPAWS-OPEN system so that it materially change the business terms and/or feasibility for Everbridge to provide such access. 7 4371 Exhibit C (State and Local Clauses Only) This addendum is incorporated by reference into the Agreement as applicable. 1. Florida Public Records law (F.S. 119.0701). RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law. c. 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 public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency 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 Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. 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 (305) 292-3470, ® onroecognjyz , c/o Monroe County Attorney's Office, 1111 12t' St., Suite 408, Key West FL 33040. 4372 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all contracts for purchases of services or goods > 1 year): Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: (As contained in the contract.) Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required for all procurement documents and contracts by F.S. 287.133 and Monroe County Purchasing Policy): 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10- 1990): By entering in this Agreement, the vendor 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. 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. 4373 6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a boycott of Israel. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation 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. 4374 9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting to that the nongovernmental entity does not use coercion for labor or services. A copy of the affidavit is attached. 10. Foreign Entities Affidavit (F.S. 287.138): a. Beginning 1/1/2024, a governmental entity may not accept a bid or proposal from, or enter into a contract with, an entity which would grant the entity access to individual personal identifying information ("PII") unless the entity provides an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the criteria in F.S. 287.138(2)(a)-(c): • Entity owned by a country of concern (China, Russia, Iran, North Korea, Venezuela, Syria) • Controlling interest by government of foreign country of concern; • Entity organized under the laws of or has principal place of business in foreign country of concern. b. Beginning 7/1/2025, a governmental entity cannot renew a contract with an entity which would grant the access to PII unless the entity provides the affidavit. c. Beginning 7/1/2025, a governmental entity cannot extend or renew a contract with an entity meeting the above criteria if the contract would give access to PII to that entity. The affidavit is attached. 11. Antitrust (F.S. 287.137): A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. 4375 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Everbridge, Inc. Vendor IN: 26-291 q31 2 Vendor's Authorized Representative: Dwigh Paul Address: 155 North Lake Ave, to 900 (Name and Title) City: Pasadena State: CA zip: 91101 Phone Number: (937) 741 3674 Email Address: dwiqht.paul(a0eyerbridqe,com As a nongovernmental entity executing, renewing, orextending 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 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 same, Certified By: Shirley Devlin-Lebow who is authorized to sign on behalf o thp above referenced company. Authorized Signature: Print Name: Shirley Devlin-Lebov)q Title:Chief Accounting Offficer 4376 FOREIGN ENTIT-IES-AFFIDAVIT F.S. 287.138 1, Shirley Devlin-Lebow of the city of Murphy, Texas according to law on my oath, and under penalty of perjury, depose and say that: a. I am Chief Accounting Offficer of the firm of EverbFi—dge, Inc. ("Entity"), the bidder making the Proposal for the project described in the Request for Proposals for Monroe County, FL and that I executed the said proposal with full authority to do so; b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. 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: 7 2,2 STATE OF: COUNTY OF: 0 1 P-k Subscribed and sworn to (or affirmed) before me, by means of 0-physical presence or 0 online notarization, on F-4. S`2 (date) by (name of affiant). He/She is personally known to me or ha' produced n 'fi f --as-i- tification. fl H E L MIT 11 C of)exss E N NOTA ULIC B OT BLIC 5-2026 6523 My Commission Expires:02_10S ° c, - 4377 uu umm a°i mmo „um°i �m111p uuumum uummpl m " „umo ied Final Audit Report 2024-11-06 Created: 2024-11-06 By: Cory Schwisow(Schwisow-cory@monroecounty-fl.gov) Status: Signed Transaction ID: CBJCHBCAABAAsezkhap-bzgJJEn4Ddu9sMDYuKq--38u "Full Everbridge Renewal - OMB Signed" History Document digitally presigned by Lisa Abreu (abreu-lisa@monroecounty-fl.gov) 2024-10-28-4:35:07 PM GMT Document digitally presigned by John Quinn (quinn-john@monroecounty-fl.gov) 2024-10-28-5:49:16 PM GMT Document created by Cory Schwisow(Schwisow-cory@monroecounty-fl.gov) 2024-11-06-3:14:52 PM GMT Document emailed to Christine Hurley(Hurley-Christine@monroecounty-fl.gov)for signature 2024-11-06-3:16:17 PM GMT 6.,.,. Email viewed by Christine Hurley(Hurley-Christine@monroecounty-fl.gov) 2024-11-06-5:17:14 PM GMT rim Document e-signed by Christine Hurley(Hurley-Christine@monroecounty-fl.gov) Signature Date:2024-11-06-5:18:20 PM GMT-Time Source:server Agreement completed. 2024-11-06-5:18:20 PM GMT Adobe Acrobat Sign 4378