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12/30/2024 Agreement
Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT,SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Florida Fence Corp Effective Date: Upon Execution Expiration Date: TBD Contract Purpose/Description: Key Largo Park Backstop Demolition and Installation Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Breanne Erickson x4427 Project Mgmt/ Stop #1 CONTRACT COSTS Total Dollar Value of Contract: $ 74,995 00 Current Year Portion: $ 74,995.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ���pti:d oiln iliiull�r�. ko "Ilwr1110 its p�ti�ti JY�Y�JY�Y V10 Ilk ,',) Budgeted? Yesv No� Grant: $74,995.00 County Match: $ "0 Fund/Cost Center/Spend Category: 125-06067-ARPA ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Cary Vick Digitally Date 20signe by Cary Vick : 15:31:47-05'00' Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2024.122610:40:07-05'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date:2024.122611:42:31-05'00' Purchasing Signature: Julie E. Cuneo Digitally 2024.1e.by Julie 1 Cuneo Date:2024.1226 15:52:19-05'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2024.12.30 07:44:14-05'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Key Largo Park Backstop Demolition and Installation NON-MANDATORY/ Pre-bid Job Walk at the Key Largo Park Ballfields located at 500 St. Croix PI., Key Largo, FL 33037 on December 17, 2024 at 10:00 am o- s 77 BOARD OF COUNTY COMMISSIONERS Mayor James K. Scholl, District 3 Mayor Pro Tern Michelle Lincoln, District 2 Craig Cates, District 1 David Rice, District 4 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Project Management Director Kevin Madok Cary Vick December 2024 PREPARED BY: Monroe County Project Management Department Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Monroe County Project Management Date: December 13,2024 Scope of Work: This project involves the removal of two existing backstops and the installation of two new backstops in the same locations. The new backstops shall be installed in the same location as the existing backstops which consist of 110 linear feet (LF) of 16-foot-high green vinyl-coated galvanized core fence fabric, with top, middle, and bottom rails, as well as 16- foot-high, 4-inch diameter Schedule 40 galvanized steel posts. Contractor is responsible for applying for all required permits for the project. Job Name: Key Largo Park Backstop Demolition and Installation Job Location: Key Largo Community Park 500 St. Croix Place Key Largo, Florida 33037 Contact: Suzi Rubio ubio®Suzanne monroecounty-fl.gov (305) 393-6277 PROJECT OVERVIEW, PROJECT INTENT AND SCOPE, GENERAL REQUIREMENTS 1. Project Overview The Project shall include, but not be limited to all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. A job walk is scheduled for December 17, 2024, at 10.00 A.M. at the job location. All Quotes are due by December 23, 2024, 3.00 P.M. via email to Rubio-Suzanne@monroecounty-fl.gov. All Quotes must state that they will be good for one hundred twenty (120) calendar days from submittal due date. Page 2 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 2. Project Scope Materials for New Backstops: • Fence Fabric: 110 LF feet of 20-foot-high green vinyl-coated fence fabric consisting of 9-gauge galvanized steel core. • Posts: 4-inch diameter green vinyl-coated Schedule 40 galvanized steel posts (minimum quantity determined by post spacing requirements). • Rails: Green vinyl-coated Schedule 40 galvanized steel top, bottom, and middle rails. • Post Caps/Ends: Appropriate galvanized or aluminum caps or end fittings for post installation. • Hardware: All necessary fasteners, bolts, nuts, washers, and hardware for mounting fabric and securing rails to posts. Removal of Existing Backstops: 1. Site Assessment & Inventory: Evaluate the current backstops, including materials and structure, to determine the necessary tools and equipment for safe removal. 2. Fabric Removal: Carefully remove the existing fence fabric from the posts, ensuring minimal damage to the material and surrounding area. 3. Post and Rail Removal: Disassemble the existing top, middle, and bottom rails, as well as the posts. Use appropriate equipment for post removal, ensuring safety protocols are followed. If posts are set in concrete, excavation may be required to remove them. Posts shall not be cut off, nor shall foundations be left in the ground. 4. Disposal of Materials: Transport and dispose of all removed materials, including fabric, posts, rails, and any other debris, in accordance with local disposal regulations. 5. Site Cleanup: Clean the area, removing any remnants of the old backstops and preparing the site for new installation. Installation of New Backstops: 6. Site Preparation for New Backstops: a. Layout: Conduct a survey (if required) to mark the locations of the new backstops, ensuring proper alignment and spacing. New backstops shall be installed in the same location as the existing backstops. b. Excavation for New Posts: If the old posts were set in concrete, excavate the post holes for the new 4-inch diameter posts. Ensure proper depth of minimum 3.5 feet and spacing. c. Clearance: Clear any remaining debris, vegetation, or obstacles from the installation area. Page 3 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 7. Post Installation: a. Post Placement: Install new 4-inch diameter steel posts at the designated locations, ensuring vertical alignment. Posts should be set at a depth of 3.5 feet minimum, set in concrete for proper stability. b. Concrete Setting: Anchor posts in concrete and allow curing time (24-48 hours) before proceeding with the rest of the installation. c. Post Caps/End Fittings: Install post caps or other appropriate end fittings once posts are secure. 8. Rail Installation: a. Top, Middle, and Bottom Rails: Install horizontal top, middle, and bottom rails along the length of the backstop. The appropriate number of middle rails, currently two (2), shall be evenly spaced. Secure rails to posts using brackets or fasteners to ensure solid attachment. b. Rail Alignment: Ensure all rails are level, properly spaced, and aligned to allow for proper tensioning of the fabric. 9. Fence Fabric Installation: a. Fabric Handling: Ensure the fence fabric material is free from wrinkles and vinyl coating is not torn or damaged. b. Attachment: Secure the fence fabric to the top, middle, and bottom rails using appropriate fasteners such as tension bands, wire ties, or hog rings. Ensure that the fabric is taut and evenly stretched across the backstop. c. Fabric Adjustment: Make any necessary adjustments to ensure the fabric is straight, even, and free from sagging or distortion. 10.Final Inspection & Adjustments: a. Alignment Check: Ensure that all posts are plumb, and the rails are properly aligned, level and securely fastened. b. Fabric Tension Check: Verify that the fence fabric is evenly tensioned, free of wrinkles, and properly secured at all points. c. Site Cleanup: Remove all construction debris, excess materials, and tools from the site. Restore any excavations to existing grade. Ensure the installation area is clean and safe for use. 11.The Contractor shall obtain all necessary permits, as a part of the Proposal. Actual cost of Permit fees shall be paid by Monroe County Project Management at issuance of the permit. 12.The Contractor shall provide labor, equipment, and all of the needed materials and hardware to complete the project and properly dispose of debris. See General Conditions. Page 4 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 13.The Contractor shall provide storage containers for material, as needed. 14.The Contractor shall provide necessary waste disposal and daily clean up. 15.The Contractor shall provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. Installation shall commence upon delivery and proceed without interruption until complete. 3. Summary of General Requirements a. Contractor is required to provide protection for all existing surfaces including, but not limited to: i.Existing fencing that remains and park buildings. ii.Vehicles and Personal Property. iii.Landscaping. b. The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. Provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. d. The Contractor shall load, haul, and properly dispose of all construction debris and materials. e. Provide and maintain appropriate (OSHA required) construction warning signs and barriers. f. Furnish all required work site safety equipment. g. Furnish and maintain on-site Safety Data Sheets ("SDS") for all materials used in the construction. h. Construction work times shall be limited to: 8.00 A.M. to 5.00 P.M. Monday- Friday unless otherwise specified or approved by the County. i. All materials shall be approved by submittal prior to commencement of work. j. Contractor shall provide a lump sum price by December 23, 2024, at 3:00 P.M. via email or hand delivery as noted herein. Page 5 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ k. Contractor needs to be aware of weather and location and plan accordingly. I. Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. m. Contractor shall provide a safety lift plan for all crane/hoist work. n. Contractor shall provide a schedule for all phases of the project. o. Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper functioning and maintenance of the equipment. p. Contractor shall coordinate all activities with concurrent site work being performed. q. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page: ®// 1® o roeco y.clvlc 1 s.com/Bids.aspx?Ca ID®1 r. Insurance Requirements: Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $500,000 Combined Single Limit Business Vehicle $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not required Page 6 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Construction Bond Not required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VII or better, that is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. s. The Contractor is required to have all current licenses necessary to perform the work. t. Indemnification, Hold Harmless and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. 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 Page 7 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the 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. u. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. v. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that 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 Page 8 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 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. w. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. x. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows: i. They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. ii. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. iii. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). iv. In the statement specified in subsection (i), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. V. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. Page 9 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 129357 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 Page 10 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows- (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. (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 said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and Page 11 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. II. TERMINATION. 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. Page 12 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ b. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. c. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY'S False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. d. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY'S False Claims Ordinance, located at Article IX, Section 2-721 et al. of the Monroe County Code. e. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Page 13 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. III. MAINTENANCE OF RECORDS. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained 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. Further, the Contractor is subject to the following- 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c) and 603(c) of the Social Security Act, Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. IV. PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. CONTRACTOR shall be referred to herein also as "Contractor" for this provision only: Page 14 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the Page 15 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL 33040, publicrecords@m nroecounty-fl.gov, (305) 292-3470. V. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the Page 16 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. VI. PAYMENT OF FEES/INVOICES Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner. VI I. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as it may be amended from time to time, 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. Pursuant to Section 448.095: Page 17 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ a. 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 Subsection 448.09(1), Florida Statutes shall terminate the contract with the person or entity. b. 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. c. 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 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 prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: For Owner: Director of Project Management Assistant County Administrator. PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 Monroe County Attorney's Office 1111 12t" Street, Suite 408 Key West, Florida 33040 Page 18 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ IX. UNCONTROLLABLE CIRCUMSTANCE. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. X. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Article II concerning termination or cancellation. FEDERAL CONTRACT PROVISIONS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including, but not limited to: Page 19 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ I. Clean Air Act (42 U.S.C. $$7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. $$1251-1387) as amended. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401 et.seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251 et. seq.) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to Department of Treasury/Federal Agency and the appropriate EPA Regional Office. II. Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers and construction work must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay 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 Page 20 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation, liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5, 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 (13)(1) of 29 C.F.R. §5.5, in the sum of $32 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. a. Withholding Process. The Federal agency may, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contract or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this Paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. Page 21 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ b. Priority to Withheld Funds. The Department has priority to funds withheld or to be withheld in accordance with Paragraph (a)(2)(i) or (b)(3)(i) of 29 C.F.R. § 5.5 or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1) through (5), 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 Paragraphs (1) through (5) of this section. In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: Page 22 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part." III. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. IV. Debarment and Suspension (Executive Orders 12549 and 12689). A contract under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR 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 suspensions). 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 www.sam.gov. This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with Page 23 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. V. Byrd Anti-Lobbying Amendment (31 U.S.C. $1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000.00, the attached certification must be signed and submitted by the contractor to the COUNTY. VI. Compliance with Procurement of Recovered Materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CFR 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. (1) 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; (i) Competitively within a timeframe providing Page 24 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, hops:ffwww.epa.govfsmmfcomprehensive®procurement®guideline®cpq® program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. VI I. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR $ 200.216. a. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services, interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause. b. Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; Page 25 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ b) Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c) Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service 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. c. Exceptions. 1) This clause does not prohibit contractors from providing: a) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: a) Covered telecommunications equipment or services that: 1. Are not used as a substantial or essential component of any system; and 2. Are not used as critical technology of any system. b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3) Reporting requirement. a) In the event the contractor identifies covered telecommunications equipment or services used as a Page 26 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. b) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: 1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE)code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. 2. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. d. Subcontracts. The Contractor shall insert the substance of this clause, including this Paragraph (e), in all subcontracts and other contractual instruments. VIII. Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These Page 27 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. IX. Copeland "Anti-Kickback"Act (2 C.F.R. 200, Appendix II (D); 40 U.S.C. §3145). This section applies if the contract is in excess of $2,000 and pertains 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 the construction, completion, or repair of public work, to give up any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 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: I. Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. Page 28 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 - CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (i) through vi) of this section. 111. Access to Records. CONTRACTOR and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, Page 29 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. IV. Changes to Contract. The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. V. Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five (5) most highly compensated executives and the names and total compensation of the five (5) most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320. (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts); (c) the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts); and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to Page 30 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ the compensation information, see U.S. Security and Exchange Commission total compensation filings at _http://www.sec.Qov/answers/execom�.htm. VI. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, CONTRACTOR or any other party pertaining to any matter resulting from the contract. VI I. Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 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. VIII. The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. IX. CONTRACTOR will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. X. The CONTRACTOR shall hold the United States and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extent allowed and required by law. XI. 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. XII. Conflicts of Interest. The CONTRACTOR understands and agrees it must maintain a conflict-of-interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal award as set forth in Attachment A. The CONTRACTOR and subcontractors must disclose in writing to Treasury or the pass-through entity, Page 31 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. XIII. Remedial Actions. In the event of the CONTRACTOR'S noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. XIV. Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The CONTRACTOR agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to Sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this 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, Page 32 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 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. XV. 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. XVI. False Statements. The CONTRACTOR understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy. XVII. Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." XVIII. Debts Owed the Federal Government. a. Any funds paid to the CONTRACTOR (1) in excess of the amount to which CONTRACTOR is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Social Security 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 Page 33 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 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. XIX. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the CONTRACTOR or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the CONTRACTOR does not in any way establish an agency relationship between the United States and the CONTRACTOR. XX. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: 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; Page 34 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 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. XXI. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 130437 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. XXII. Reducinq Text Messaging While Driving. Pursuant to Executive Order 135137 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 35 of 57 Monroe County Project Management Y/�I 110o Simonton Street,2-216 Key West,FL 33040 r iiir, r4 A PROPOSAL FORM PRO P S L TMonroe County Project Management I 100 Simonton St., Room - 16 Key West, FL 33040 P P L F Florida Fence Corp 161 Georgia Ave Tavernier, FL 33070 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Key Largo Park BackstopDemolition and Installation 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/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Purchase Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Ninety O calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty ( 0) calendar days thereafter. Page 36 of 57 Monroe County Project Management 1100 Simonton Street,2-216 /rr / Key West,FL 33040 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. �-- ' t t, , ' cr i1 f e 1 ��/(" � t�� 1 ollars (Total Base Proposal- words) C" b14 Dollars (Total Vase Proposal — numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated Page 37 of 57 Monroe County Project Management ljjf / ' 1100 Simonton Street,2-216 J/ f lip Key West,FL 33040 In addition, Proposer states that he/she has included a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. IN IT ESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: Theodore Gordon Mailing Address: P. O. Box 227 Tavernier, FL 33070 Phone Number: 305-852-4324 E.I.N.: 65-0558275 Email: floridafence@aol.com Date: `.C� Signed: ' L�) 2 Theodore Gordon (Nameresident (Title) 01 1-1 a ° _Wi es ignature: LUIS DIAZ fitness name: Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA Christine Hurley Digitally signed by Christine Hurley Date:2024.12.30 16WEA 05'00' By: County Administrator or designee MONROE COUNTY ATTOMNEY'SCWFICE Page 38 of 57 APPROVED AS TO FORM r ' ..._ 5TA NT C Our4TY ATTORNEY DATE: 12-26-2094 Monroe County Project Management 1100 Simonton Street,2-216 f yoiJ Key West,FL 33040 �'J�'i�if�r„frfrt0 hmr�� NON-COLLUSION AFFIDAVIT Theodore Gordon of the city Tavernier, FL I, according to law on my oath, and under penalty of perjury, depose and say that: 1, 1 am President of the firm of --Florida ence orp the proposer making the Proposal for the project described in the notice for calling for proposals for: Key Largo Park Backstop Demolition & Installation and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowled o said jest. M (Signature of Pro user) (Date) FLORIDA STATE OF: COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of hysical presence or ❑ online notarization, on oaf & �-/` __ (date) by Theodore Gordon (name of affiant). He)She is personally know to me or has produced (type of identification) as identification. ELIZABETH ALBURY Notary Public ,I State of Florida NOTARY PUBLIC COMM#HH4W569 IS( A ) Exp"es6fa>2®27 My commission expires: Page 39 of 57 Monroe County Project Management 11oo Simonton Street,2-216 Key West,FL 33040 LOBBYING CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER I CE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 66 FLORIDA FENCE CORP (Company) ° warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010- 1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or em oye °°. (Signature) Date: STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means o physical presence or ❑ online notarization, on 1c (date) by Theodore Gordon (name of affiant). H /She is m,w ersonally kno n to me or has produced (type of identification) as identification. NOTAR P L .r . NotiYy Pubk (SE �.:., ° k6te of F a My commission expires: COMR#NH ��CE 191 60 027 Page 40 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 /y//����kdrruimcyln�l/%f DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: FLORIDA FENCE CORP (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that t ' m co ies f ly with the above requirements. Proposer's Signature C° Date FLORIDA STATE OF: COUNTY OF: MONROE Subscribed and sworn to(or-affir ed)before me, by means of physical presence or❑ online 0otarization, on 4 (date) by Theodore Gordon (name of affiant). She is p sonally know to me or has produced (type of identification) as identificatiELIZAB NTH ALBURY NOTARY PUBLIC Notary public (SEAL) State My commission expires: Com HH4W569 0Expires 6/3/2027 Page 41 of 57 / UJl IOI��i Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 PUBLIC TI CRIME T T E T "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Theodore Gordon (Proposer's name) nor any Affiliate has been placeo on th convicted vendor list within the last thirty-six (36) months. ( ignature) Date: ; FLORIDA STATE OF: COUNTY OF: MONRO Subscribed and sworn to (or affirmed) before me, by means of 10hysical presence or ❑ online notarization, on " (date) by Theodore Gordon (name of affiant). he is personally n wn to me or has produced (type of identification) as identification. ELIZABETH AMURY Notary Public NOTAR PUBLIC � State of Florida Comm#H (SEAL) ExPires6/3/2027 My commission expires: Page 42 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 VENDOR CERTIFICATION RE I SCRUTINIZED COMPANIES LISTS T Project Description(s): Baseball field Backstop Respondent Vendor Name: Florida Fence Corp Vendor FEIN: 65-0558275 Vendor's Authorized Representative Name and Title: Theodore Gordon - President Address: 161 Georgia Ave City: Tavernier State: Florida Zip: 5� Phone Number 305-852-4324 Email Address: floridafence@aol.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Theodore Gordon ,who is authorized to sign on behalf of the above f1)enced c pa Authorized Signature: Print Name: Theodore Gordon Title: President Note:The List are available at the following Department of Management Services Site: hq ://www.dms.mvflorida.com/business operations/state urohasin endor information/convicted su R ended discriminatory oomplaints vendor lists Page 43 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 AFFIDAVIT ATTESTING-TO N®NC ERCIVE CONDUCT FOR LABOR OR SERVICES Entity/VendorName: FI DRIDA FENCE CDRP Vendor FEIN: 65-0558275 Vendor's Authorized Representative: Theodore Gordon, President (Name and Title) Address: 161 Georgia Ave Tavernier 33070 City: State: FL Zip: Phone Number: 305-852-4324 Email Address: floridafenee@aol.com As a nongovernmental entity executing,renewing,or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining,isolating,or confining or threating to restrain,isolate,or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying,concealing,removing,confiscating,withholding,or possessing any actual or purported passport,visa,or other immigration document,or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 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: Theodore Gordon ,who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Theodore Gordon Page 44 of 57 �j�////rrr%r G�� Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 Title: President INSURANCE RE UI T S MONROE COUNTY, FLORIDA 1 T POLICY AND PROCEDURES General Insurance Requirements For Cher 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. Page 45 of 57 Monroe County Project Management 1100 Simonton Street 2-216 Key West,FL 33040 rrlll /, 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. The Monroe County Board of County Commissioners, its employees and officials 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 46 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $500,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, HOLD HARMLESS and DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per Page 47 of 57 oiG�7i r(✓�, �/ � � Monroe County ontont,2-21Management � � 1100 Simonton Street,2-216 /�'� Key West,FL 33040 iarirrrrnl VrIIG% occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Theodore Gordon �cj PROPOSER Si nature Page 48 of 57 ✓rrr�a r �l/r//i Monroe County Project Management 1100 Simonton Street,2 216 03 � ,r� „ Key West,FL 33040 ufiairrgrrfi rl� INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature Page 49 of 57 r,/,f��G��J✓ray / Monroe County Project Management 1100 Simonton Street,2-216 f% hl/ i Off. Key West,FL 33040 MONROE COUNTY, FLORIDA REQUEST FOR WAIVERF INSURANCE E UI E E T'S It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor/Vendor: Project or Service: ,a ContractorNendor Address&Phone#f: 4 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: County Administrator appeal: Approved: Not Approved: __ Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 50 of 57 % r, �� Monroe County Project Management jl"r� r I f�/ f rr q 1100 Simonton Street,2-216 Key West,FL 33040 �11a�lD�riimoi r_r llla��/ ATTACHMENT A CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT ATTACHMENT A Page 51 of 57 it%rl��4✓l��iii r��AP Monroe County Project Management f,�f� 1100 Simonton Street,2-216 Key West,FL 33640 OMB Approved No. 1505-0271 Expiration Date..11!30;2021 I.S. DEPARTyIENTOF THF'1 RE 1SUR) Ci)RONAVIRI S STATE AND LOCAL FISCAL RECC)YE;RY FUNDS Recipient name and addressA D[NS Number 073876757 Monroe County Board of Commissioners Taxpayer Identification Number:596000749 1100 Simonton.Street.Room 2-213 Assistance Listing,Numbcr and'Fitle:21.027 Key West,Florida33040 Sections 602(b)and 603(b)of the Social Security Act(the.Act)as added by section 9901 of the American Rescue Plan Act.Pub.L. No.I 17-2(March 11.202I)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients froin the. Coronavirus State Fiscal Recove-v Fund and the Coronavirus Local fiscal Recovery fund, Recipients hereby agrees as a condition to receiving such payment from Treasure"_agrees to the terms attached hereto. Recipient: Digitally signed by Tina Boan Tina Boan Bate:2022,08,02 09:11:02 04'00' Authorized Representative Signature(above) authorized Representative"Name: Tina Boan -Wthorizcd Representative Title: Senior Director Budget R:Fiji-cc Date Signed: U S.Department of the Treasttry:. luthorized Representative Signature(above) Jacob Leibetiluft Authorized Representative Name: _ Authorized Representative Title: Chief Recovery"Officer.Office of Recovery Programs Date Signed: %Iav 14.2021 PF.R WOFK REDtii TiOA,ACT NOTICE The mfowtation collected , ll be used i2)r do t'S GoN ernrnent to 17ro ess requests for supF*rt The estimated burden<ussoci ated with this collection(if 1 information is 15 inalutesper resporlse.Comments concernina the acc urao,,of this burden estnnate and swggestions for redo inge this burden should he directed to die Office of Pri;,ace.Transparenc_:and Records.Department of the Treasur,• ISOopenns Nana rve W—iY ashingtom D C 20220 DO NOT Send the 4'onn lad ens address." agency note not Sonnet or shon,cn.and:x pa~rsan is not required to resp ld to.a collection,t inf'crnnatt n n less itda pla;..:a r alid control number assigned by OPAll ATTACHMENT A Page 52 of 57 / �� Monroe County Project Management ����� �9/ 1100 Simonton Street,2-216 r 1 0 1if i� Key West,FL 33040 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1 Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting.Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4 Maintenance of and Access to Record a. Recipient shall maintain records and financial documents sufficient to evidence compliance with.sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and othenvise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5 Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with funding from this award. 6 Administrative Costs Recipient may use funds provided under this award to cover both direct and indirect costs. 7 Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient. 8 Conoi is of Interest Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R.§ 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R,§200,112. -o Comj2liance wi h/annlicabie Taw anal RPm la ions a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R Part. 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Managem ent(SAND,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(Nonprocurenient),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. ATTACHMENT A Page 53 of 57 Monroe County Project Management 1100 Simonton Street,2-216 /1/ar Key West,FL 33040 N, `ll��il3aiAlAo�ul�ll" v. Recipient Integrity and Performance 1vlatters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix 1X11 to Part 200 is hereby incorporated by reference. vi. Govermnentwide Requirements for Drug-Free Work-place,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 §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,fain ilial status,or disability; iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.),and Treasury's implementing regulations at 31 C.F.R Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance;and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10 Remedial Actions In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasurys 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 G.F.R.§200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupm ent as provided in sections 602(e)and 603(e)of the Act. 11 -Tatc j Air Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.G.§§1501-1.508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12 False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result m criminal,civil-or administrative sanctions,including fines,imprisomnent,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications Any publications produced with funds from this award must display the following language:"This project[is being][was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14 Debts Owed the Federal Government a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determ ined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. ATTACHMENT A Page 54 of 57 / Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in anyway from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers a. In accordance with 41 U.S.C.§4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The GoverntnentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17 Increasing 3aat Belt LTse in the United states Pursuant to Executive Order 13043,62 FR 19217(Apr. 18,1997).Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18 Reducing lext Zvi cs . t�hile Tftivilig Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. ATTACHMENT A Page 55 of 57 Monroe County Project Management 1100 Simonton Street,2-216 Key West,FL 33040 �Wmoo��rr�ep!nmitlill. OMB Approved No. 1505-0271 Expiration Date:11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies;and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C.§2000d et seq),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities_As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit hUL//m wm.JgP.gQv. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee,contractor,subcontractor,successor,transferee,and assignee shall comply with Title H of the Civil fthtsActof 1964,which prohibits recipients of federal financial assistance from excluding from a program or actiiih;denying benefits of,or otherwise discriminating against a persona on the basis of race,color,or national origin(42 U.S.0§2000d et seq.),as implemented by the Department of the Treasury's Title Ill regulations,31 CFR Part 22,which are herein incorporated by reference and made a part of this contract(or agreement). Title 1/7 also includes protection to persons with "Limited English Proficiency"in any pr ogra»a or activity receiving federal financial assistance,42 U.S.C.¢2000d et seq.,as implemented by the Department of the Treasury's Title 11 regulations,31 CFR Part 22,and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any ATTACHMENT A Page 56 of 57 Monroe County Project Management 1100 Simonton Street,2-216 �f 1 Key West,FL 33040 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the tenns of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Ji[iaB0�� Gigitaly signed by Tina Boan ��� u ,_ten,-ata 7n1�nndn_naoo Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comu eats concerning the accuracy of this burden estimate and supeestions for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. ATTACHMENT A Page 57 of 57 FLORFEN-05 JONESE �►co�r>o,,, CERTIFICATE OF LIABILITY INSURANCE DAT6/3/2 D/YYYY) 024 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 Lisa Rider NAME: Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)537-2808 (A/C,No): Marathon,FL 33050 E-MAIL Lisa.Rider@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Evanston Insurance Company 35378 INSURED INSURER B: Florida Fence Corporation INSURER 7 PO Box 227 INSURER D: Tavernier,FL 33070 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR 3AA765644 4/1/2024 4/1/2025 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X71 JECT1:1 LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY APPROVED BY RISK MANAGEMENT COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BY ='"'" � � BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS DATE 6/ %y """ 14�202.4 BODILY INJURY Per accident $ HIRED NON-OWNED WAIVER N/A YES— PROPERTY accRdentDAMAGE $ AUTOS ONLY AUTOS ONLY — A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE EZXS3150848 4/1/2024 4/1/2025 AGGREGATE $ DED RETENTION$ Agg.Limit $ 3,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractor Pollution CPLMOL117286 5/22/2023 5/22/2024 $10,000 Deductible 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contractors'Licsense Number: CGC1518122 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. AUTHORIZED REPRESENTATIVE Monroe County Board of County Commissioners 1100 Simonton Street r„ Ke West FL 33041 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 76/3/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: GIGA Solutions, Inc. PHONE FAX 101 Plaza Real South A/c No Ext: 888-581-0807 A/c,NO): Ste 201 ADMDRESS: certs@gigasolves.com Boca Raton FL 33432 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Normandy Insurance Company Inc 13012 INSURED INTEEMP-01 INSURER B: Integrity Employee Leasing, Inc. 128 W. Charlotte Avenue INSURERC: Punta Gorda FL 33950 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1184876294 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ BY-_.: z .„. -• ^' c MED EXP(Any one person) $ DATE 6/1412.02.4 ~ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAIVER N/A YES GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ PRO- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION NHFLO164502024 1/1/2024 1/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Coverage provided for all leased employees but not subcontractors of: Florida Fence Corp.coverage effective: 1/1/2024 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 Board of County Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MMIDD/YYYY)— AC ® CERTIFICATE OF LIABILITY I INSURANCE 12/19/2024 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 ri hts to the certificate holder in lieu of such endorsement(s). CONTACT George Meroni PRODUCER MAKE _ __._ _—.. —..-------- PRODUCER MAKE;-------- ------ Statehifig? George Meroni PHONE _ _305-247 3971 _--._—_ Y—— FAx Sate i�ff1 George Meroni A/C No E 5-2 1801 N Krome Avenue E M JIL george.meroni.cp6e@statefarm.com YP a INSURER(S)AFFORDING COVE=:GNAIC# Homestead FL 330303237 INSURER A; State Farm Mutual Automobile In 25178 INSURED INSURER FLORIDA FENCE CORP INSURER C: --—--"' PO BOX 227 INSURER D: INSURER E TAVERNIER FL 330700227 INSURERF: 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. 7a�D S S —-- -- L F OU Y LIMITS LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDD MM/DDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ CLAIMS-MADE OCCUR PREMISES Ea occurrence _—_.-.— MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS-COMP/OP AGG $ POLICY❑JECT LOC —___-_.__—_...---....—....._—._.—...__—..__. ... _._—---.. __ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY J73 4386-E17-59 11/17/2024 05/17/2025 Ea cadent $ ANY AUTO BODILY-- INJURY(Per person) $ 1,000,000 ^— ----- - -- -- OWNED SCHEDULED Y N 965 8846-E01-59J 11/01/2024 05/01/2025 BODILY INJURY(Per accident) $ 1,000,000 A _ AUTOS ONLY AUTOS HIRED NON-OWNED 9658847-E01-59L 11/01/2024 05/01/2025 (Peracci_d1,000,000 _ AUTOS ONLY AUTOS ONLY — 966 5754-E01-59H 11/01/2024 05/01/2025 $ EACH OCCURRENCE $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ ——_—_ DIED RETENTION $ ",,� �� PER OTH- WORKERS COMPENSATION S?AIUIE"- R - .- —----- —-— -" AND EMPLOYERS'LIABILITY 9 ""'"`"""' E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE r NIA A - OFFICER(MEMBER EXCLUDED? -" E.L.DISEASE-EA EMPLOYE $ (Mandatory in NH) 12 26.24 If yes,describe under .' mow, m E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below � _ _ � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 6028BV Additional Insured:Monroe County BOCC,including all of it's divisions,subsidiaries,affiliated companies,officers and directors. 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 1200 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 This form was system-generated on 12/1912024 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001485 2005 155279 205 01-19-2023