Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5. 04/01/2025 to 03/31/2026
Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:Knights Frey,Investors,LLC,,Isla Bells Contract 4 Effective Date: 04/01/2025 Expiration Date: 0/31/2026 Contract Purpose/Description: Emergency Workers dousing Agreement renewal to provide housing for emergency workers during a disaster or other large--scale emergency Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cory Sohwisow 6065 EM /#14 (Name) (Ext.) Departmen Stop 4) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be$100,000.00 or less) TBD (If multiyear agreement then TBD" Not t0 exceed $100,000.00 requires BOCC approval,unless the 10101 CLMIU106l C 4irnOtirw k �100,000 00 or lcss) Budgeted? Yes❑ No ❑X Grant: $ PIA County Match: $ /A Fund/Cost Center/Spend Category: TBD ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: /A (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES Z NO ❑ CONTRACT REVIEW Reviewer Date In ner Department Head Signature: Shannon Weiner Digitallys50414ned y64141n 4'00' Date.2025.04.14 16'.41'.41-04'00' County Attorney Signature: ' 21 � � � � � Gaelan P Jones Digitally signed by Gaelan P Jones Risk Management Signature: Date:2025.04.0216:49:28-04'00' Digitally signed by Julie E.Cuneo Purchasing Signature: Julie E. C u n eo Date:2025.04.16 09:49:21-04'00' Digitally signed by John Quinn OMB Signature: John Quinn Date:2025.04.16 10:06:12-04'00' Comments: Agreement will only be utilized after a declared disaster in Monroe County.Total dollar amount will be determined based on usage, not to exceed$100,000.00)� AGREEMENT FOR LODGING ACCONI MODAI 11ONS MONROE COUNTY and Singh Hospitality LLC as agent for Knight's Key Investors LLC d/b/a Isla Bella Beach Resort THIS AGREEMENT is made and entered into by and between Singh Hospitality LLC as agent for Knight's Key Investors LLC d/b/a Isla Bella Beach Resort, authorized to do business in the State of Florida,(hereinafter referred to as "Hotel"or"Contractor"), and Monroe County Board of County Commissioners(BOCC),a political subdivision of the State of Florida, (hereinafter referred to as "County"). WHEREAS,in the event of an emergency or major disaster, including but not limited to storms, natural and man-made disasters, acts of terrorism or other declared State of Emergency,the County will need to rent lodging accommodations for its emergency workers, including Monroe County employees and other authorized personnel when in the County performing essential work in order to be able to provide County services and to support response and recovery efforts, and WHERF,AS, these emergency workers will be working throughout Monroe County and in or near the County Emergency Operations Center in Marathon, Florida, and therefore accommodations are expected to be required throughout Monroe County in order to restore and provide County services and provide the necessary response and recovery services; and WHERF,AS, Isla Bella Beach Resort is a hotel company hotel that operates in Marathon, manages more than 199 units in Monroe County, and has made the units under its management available during previous emergencies or major disasters, and/or is willing to make its units available in the future should the County need rooms for its emergency workers in the event of an emergency or major disaster. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereby agree as follows: 1.0 esed mtkn jD ofoo Gds/Ser vice s. Hotel will provide accommodation (lodging) on a space _11- - - available basis for County employees and for authorized County contractors/personnel in two groups/phases for disasters. The first group will consist of County emergency workers designated to remain in-County during an incident. The second group will consist of County employees called back to work in the County to perform essential work in order to provide County services, including response and recovery services post-incident. Lodging can reasonably be expected to begin one (1) week before an incident and will continue for an indeterminate period of time as needed to perform and provide County Services. 2.0 Desi ated Point of Contact. Hotel and the County will each provide a Designated Point of Contact and shall provide each other with all communication methods. The County Point of Contact will liaise with the Designated Point of Contact for Hotel, to provide a list of room needs and room assignments. Both Designated Points of Contact will work with each other to resolve any issues that arise. 3.0 Term. This Agreement is effective from 4/1/25 through 03/31/26. Agreement can be renewed in writing for additional periods("Renewal Terms")of one(1)year each, subject to the mutual agreement of the parties. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the B(ACC, 4.0 Fees, Invoices. a) All Hotel rooms will be billed at$179.00 per night(Room/Unit Charge). b) No parking fee will be charged. c) Any personal expenses above and beyond the Room/Unit Charge that are incurred by individual guests (e.g., phone charges, meals) are the strict responsibility of the individual guest and must be paid for by the individual guest. Hotel may request a personal credit card from guests upon check-in, which shall be used to pay for individual charges. The County will only pay for rooms that are utilized, up to the Zoo nit Charge. d) All Room/Unit Charges will be paid for by the County upon presentation of an invoice, in accordance with the Florida Local Government Prompt Payment Act. The invoices must be delivered to: Monroe County Budget and Finance Department 1100 Simonton St., Suite 2-213 Key West, FL 33040 Attn: Purchasing and also e-mailed to: t MB-PL,it,c9iasiii,v(iLijmo�iii,oecotllltv-fl,eov Subject: EOC Invoice for Procurement Unit Hotel shall submit to County invoices with supporting documentation acceptable to the Clerk. Each invoice must list the rooms covered in the invoice, dates of service, the name of the person assigned to the room, and the Room/Unit Charge, Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. e) The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. f) Hotel and County Designated Points of Contact shall mutually agree upon a maximum check-out date. Guests who wish to extend their stay at the Hotel may do so at the Hotel's discretion and the guest's financial resources, and at the Room/Unit Charge established by Hotel. g) The maximum amount that can be charged under this Contract is $100,000.00. h) of parties understand that during an emergency or major disaster, the usual services and amenities available at the unit may not be available, including power, water, wastewater, food, and internet, Therefore, this Agreement covers use of the unit, without any expectation of the other amenities. However, Hotel will use its best efforts to provide the aforelisted amenities if possible. 5.0 Miscellaneous. 5.1 _Assn ra merit. Neither party may assign (voluntarily, by operation of law, or otherwise) this Agreement (or any rights or obligations contained herein) without the prior written consent of the other party, whose consent shall not be unreasonably withheld. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any purported assignment or transfer in violation of this section shall be void. 5.2 k._nfirq A -ee gl tilent. This Agreement is the entire agreement between the parties. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter covered by this Agreement. The terms and conditions of this Agreement can only be modified via a written agreement signed by all parties. 5.3 QouniqKpayts, This Agreement may be executed by the parties in separate counterparts each of which when so, executed and delivered shall be an original, but all such counterparts together shall constitute but one and the same instrument. 5.4 Noftes, Any notice, communication or payment required under this Agreement shall be addressed as follows: Co L. Contractor® Monroe County BOCC art !�Lspj taut;y LJt,(' his wnldbr 1100 Simonton St, Ste 2-205 Kni lit's Key Investors LLC d/b/a Key West, FL 33040 Isla Bella Beach Resort Attn: Christine Hurley County Administrator OilK 1! L_ jg1lt .31vd l:!�e-Y MaratlioiIl Fl, 33050 With a copy to: Klm'1`11011!L)on ____ lath,in 1 S011 ",islabella,corn 5.5 Atithorut Each party represents to the other that execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law® 5.6 I'ederal and State Reqgired. PLiblic The clauses included in Attachment A are hereby incorporated in this Agreement, 6.0 Insurance. 6.1 Hotel shall obtain and maintain the following: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with minimum limits of $500,000 per Accident, $500,000 Disease policy limits, $500,000 Disease each employee. C. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered ac or omission of the Hotel or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000 Combined Single Limit. The BOCC shall be named as Additional Insured on the General Liability policy issued to satisfy these requirements. 6.2 1 lold Flarniless and Indermilfication. The County,as a political sub-division of the State of Florida,as defined in Section 768.28, Florida Statutes, agrees to indemnify Contractor subject to the limits set forth in Florida Statute § 768.28 for any injury to or death of any person, or damage to or loss of property, or any other thing occurring on or about Contractor's property,or in any manner connected with the use or occupancy of Contractor's property,if caused by any negligent act or willful misconduct of the County or its agents, contractors, employees, sublessees, invitees or any other person or entity for whose conduct Licensee is legally responsible. The Contactor does hereby consent and agree to inderunity, defend and hold harmless the County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the negligent actions or willful misconduct of the Contractor. IN WITNESS VVHEREOF, the parties have caused this Agreement to be executed the date set forth below. The parties hereby agree and consent to the terms and conditions of the Agreement and acknowledge such by executing the Agreement below. Singh Hospitality LLC as agent for Knight's Key Executed Accepted Investors LLC d/b/a Isla by: Monroe C,oun CC By: Bella each Resort Digitally signed by Christine Christine Hurley Hurley Date:2025.04.16 12:57:39 ck/bMRO-Mr4,01L Signature: -04'00' Signature: Printed Printed Kim Thompson Name: Christine Hurley Name: Title: County Administrator Title. Director of Sales Date Date Signed: Signed: 4.2.25 Simonton Street One Knights Key Blvd Address: Key West, FL 33040 Address: Marathon, FL 33050 Email: hurl ey chri stj rie(iolmon wecou2jZ ®vEmail: kthe pson islabella,eom ATTACHMENT REQUIRED FEDERAL AND STATE CONTRACT CLAUSES a, Termination: i. Terinination for (.,onvc nlence: The COUNTY may terminate this Agreement for convenience, at any time,upon sixty(6 )days written notice to CONTRACTOR. f 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 cast of completion tote 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 o the C TY's False Claims r inance, located at Section 2-721 et al. of the Monroe County Code, Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention o do so to the other party-, however, this provision may not be exercised during hurricane season (June 1 to November 30)unless both parties mutually agree to terminate. In the event of termination, the County shall owe the Contractor for all goods and services delivered prior to the date of termination. ii. 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 ten (10) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred or, if ten.(10)calendardays' is an insufficient period of time to cure such breach, to provide documentation reasonably satisfactory to the COUNTY that CONTRACTOR is diligently pursuing a cure for such breach. 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 C TY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 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, ® WIX. N2 Qi , d Ill , i , 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 VI of the Civil Rights Act of 1964 ( L $$®352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin- 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1653, and 1655-1686), 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 disabilities-, ) The Age Discrimination Act of 1975, as amended (42 USC ss. 610 -6107) which prohibits discrimination on the basis of age- 5)The Drug Abuse Office and Treatment Act of 1972 (P 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 ( L 9 -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 ( 2 USC ss. 690 ®3 and 290ee®3), as amended, relating to confidentiality of alcohol and drug abuse patient records- ) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et se a), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ) 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 1 , Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11} Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Dart, 1964-1965 Comp., p, 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.Fa . Part 60 (Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor). See 2 C.F.R.Part 200, Appendix II,J(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 toe 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 foremployment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements foremployees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available toemployees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 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. 3. Motel and its subcontractors must follow the provisions, as applicable, as set forth in Appendix 11 to I C.F.R. Part 2 , as amended, including but not limited to; A. Doris-Bacon .tact, as amended (40 U.S.C. §§3141a3148). When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40U.S.C. §§34 ®3144, and §§316a314 ) as supplemented by Department of Labor regulations (29 CF12 Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor, In addition,contractors must be required to pay wages not less than once a week.. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY ust report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program an Transit Security Grant Program (it does not apply to other FE A grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above$2,000 in situations where the Davis-Bacon also applies,must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR 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").As required by the Act, each contractor or s brecipient is 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 he or she is otherwise entitled.The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 CY.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach.A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally,in accordance with the regulation,each contractor and subcontractor must furnish each week a statement with respect tote wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date ofthe payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. B. Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. C. Contract Work flows and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. or 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 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. a. Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) 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 29 C.F.R. § 5.5 (b)(1), in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1). c. Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject tote Contract Work Hours and Safety Standards Act, which is held byte same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.17K § 5,5(b)(2). d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F. , § 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). D. Rigi ts oliwentions de Under, Contract or Al. If the Federal award meets the - l-r-t.......... r Ma r r r------ a�--------- 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. E. Clean Air Act_L4L2 (J. , �.0 aQ I_-76H ql.�i_11_d _qlgral Water PoIlLition Control Act Q�3 !�I,S Ce 1251-1387 . Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C.§§1251-1387) and will report violations to 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.&C. 1251-1387),as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 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 FEMA/Federal Agency and the appropriate EPA Regional Office. F. Debarrnent �n Lspension_(Exceptive Order 12549 and 126,89 —A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the govemmentwide exclusions in the System for Award Management (SAKI), in accordance with the OMB guidelines at 2 CFR Part 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 suspension) SA M 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. SA M exclusions can be accessed at www.sam.gov. 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 2 CY.R. pt. 180, subpart C and 2 CY.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 CY.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. G Ed An!j:Lqbt -3 t lj� 521, 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 oremployee of any agency, a member of Congress, officer oremployee 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 fimds 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, the attached certification must be signed and submitted by the contractor to the COUNTY. H. Conioliance with Proctirernept of recovered materials as set fortli ill 2 CFI $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 designated 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 affinnative procurement program for procurement of recovered materials identified in the EPA guidelines, In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired--- 1. Competitively within a timeframe providing for compliance with the contract performance schedule-, 2. Meeting contract performance requirements', or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 1. Ann erictans with Disabilities Act of I , �g n 90 is ijdeLL A — 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. 1 DisadvantMq,dBt,z-siiiesspi,tc,,, I'll se..(L)F3 Eltol icy.,uLLid Qhlig,mLton ®It is the policy of a 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 in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the 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. C.'F.K, § N)(321 CONTR&C"l'ING WIT14 SMALL AND MINORITY 13L,NSINESSL ES1�,,,S W(,,)M1.7N'S, BtJSINESS ENTERPRIS ', ANDLABOR SURPLIJS AREA FIRMS 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 wheiiever P sible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists-, (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources-, (3) Dividing total requirements, Mien econoi.nicall, feasit)1e, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises-, (4) Establishing delivery schedules, wliere, the re uirement permits, which 'Ile encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, a a of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor,if subcontracts are to be let,to take the affirmative steps listed in paragraph(1) through(5) of this section. K. E-Verify ® Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the to 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 or 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 F.S. 448.095. L. f`ji qjisy- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163-5 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. M. Access to Records - Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors must: 1. Cooperate with any compliance review or complaint investigation conducted by DHS, 2. Give DHS 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 DHS regulations and other applicable laws or program guidance, 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. N. [NI S-' Seat J ,o 1L1at,,,s - Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval, The Contractor shall include this provision in any subcontracts. 0. Chari-,es to Conti-act,®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. P. Mainteriance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the tennination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the to of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03,of the Florida Statutes,running from the date the monies were paid by the COUNTY. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain-, (2)Extend or renew a contract to procure or obtain;or(3)Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i) Forte purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (in) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director oft e National Intelligence or the Director oft e Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. R. Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the great extent practicable,provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: a. "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. b. "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. S. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fand all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. T. 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. U. 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 tot e contractor's actions pertaining to this contract. Florida4. �111nient i . The Contractor is bound by any terms and conditions of the Federally-Funded ubaar and Grant Agreement between County and the Florida Division of Emergency Management(Division), The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, tot e extent allowed and required by lave. 5® Florida 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 y the terms oft is provision shall be deemed a material breach oft is contract and the County may enforce the terms oft is provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all, atto ey'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. Contractor shall maintain all books,records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party tot is Agreement for public records and auditing purposes during the term of the Agreement and for five(5)years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes, running from the date the monies were paid to Contractor. Pursuant to F.S. 119.07 , Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract to and following completion of the contract if the Contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records tothe public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County,upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the Contractor 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. 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 12th STREET, SUITE 408, KEY WEST, FL 33040, publierecords*monroecounty-fl.gov, (305) 292-3470. ® Florida and Monroe County Required Terms. a. M, 3,jcur . Due performance of any duty or obligation hereunder by either party shall be excused if prevented by acts of God, information providers or other service providers, public enemy, war, terrorism, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage or virus, telecommunications failure, or any other circumstance beyond that party's reasonable control. b. !Jovejiiii�g.1,aw; "oar fbt—DJ Iiqtes. The 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 and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Florida applicable to agreements made and wholly performed therein. County hereby consents to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located in Monroe County, Florida for the adjudication of any disputes arising out of or relating to this Agreement. This Agreement is not subject to Arbitration, This provision does not negate or waive the provisions of Article 11 concerning termination or cancellation. c® [Zi ,hL to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,rights,duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records")shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments,miscellaneous allocations, special charges,verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. d. Attestations.Contractor agrees to execute such documents as the County may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Clause, a Drug-Free Workplace Form, a Foreign Entities Affidavit and a Vendor Certification Regarding Scrutinized Companies. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excessof the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Singh Ho italic LLC as ap-ent for Knight's Key Investors LLC d1b/a Isla Bella Beach Resort (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Ckli'm TkZmla�?L —-- .......... (Signature) Date: 4.2.25 STATE OF: Florida COUNTY OF, Monroe Subscribed and swoni to (or of irnicd) before ine, by nicans of 0 physical presence or [?online notarization, on Q1,1 1 - [y - (date)by Kim ,rhompson (name of affiant). 14e/She is,92L � � personally known to me or has produced Driver's Licens (type of identification) as identification. NOTARY PUBLIC mycornrni"4011 pj rm� My Co 0 EXPIRE 6 muw SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "Sin2h Hosoitalitv LC' ems agent for Kn:igght's Key Investors LLC d1b/a Isla Bella Beach Resort" (Company) warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid tothe former County officer or employee." (Signature) Date: 4.2.25 STATE OF: Florida COUNTY OF-.Monroe Subscribed and sworn to (or affirmed)before me,by means of El physical presence or online notarization, ono _,0?�,� (date)by Kim Thompson (name of affiant). ne/sheis, or has produced Driver's-License. _ m (type of identification) as identification. 1:111�ATERJNA KAC[JUGINA NOTARY P4,fl_ r,:7.iMY COMMISSION#M12 15570 FX11ME&Jamiary 2,9:,2( My Commission Expires: /ZA DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Singh to Mali aL, ay� LIC. ,ent for Kai vestors, LIX d/b/a Isla Befla 'Beach t for K ight's Key In, Resort(Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. (Signature) Date: 4.2.25 ... .......... STATE OF: Florida COUNTY OF:Monroe Subscribed and sworri�ro,, 'or affirmed)before me, by means of El physical presence or online notarization, on (date)by Kjjnj7hojuL)son (name of affiant). 1je/She is 0 ni�� or has produced (type of Idea 0 L)ersonafly known 0 Dr as identification. NOTARY PUB1, C My Commission Expires: V VVVWVVVvV%fVWVV~ EKAIRWA KACHUGINA, - 76 026 MYCOMSSION#HM15570 026 EXPIRES:January 28,2.1 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name.- Sirs Hospitalitv LLC as aeent for-Kniglet's Key Investors LI,Cd/b/a Isla Bella such Resort, Vendor FEIN: 7® Vendor's Authorized Representative: Kini 'fhompson Director of Sales (Name and Title) Address: !Jinigluts Key Blvd City: Marathon State: FL Zip: 33050 Phone Number: 305-481-9451 Email Address: sales(Li4istabellacom 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 threatening 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 oft e 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 threatening 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: Singh Hospitalitv LLC as agent for Knight's Key Investors 1.,LC d/b/a Isla Bella Beach Resort, who is authorized to sign on behalf of the above referenced company. Authorized Signature, .............................. ............. Print Name: Kim T1101ilpsop Title: Director of Sales FOREIGN ENTITIES AFFI[DAVIT F.S. 287.138 1, Kim .l.honi H) n of the city of Xfaratho n according to law on my oath, and under penalty of perjury, depose and say that: a. l a 'fhonn so of the fir of Sin Ish Hospitality LLC as age t foir l , l lit"s K'.e Investors LLC d/b/a lsla Bella Ileac h Resort("Entity"), the bidder making the Proposal for the pro peet described in the]Bequest for Propaosals for Singh lr Iflrss hall LLC as agent for Knights LCey Investors .LLC d/ln/ Isla Bella leach Resort and that l executed the said proposal with full authority to do so; ib. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the govemment of a Foreign Country of Concern, as that term is defined F.S. 287.138, is not organized sunder the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. e. The statements contained in this affidavit are true and correct, and:made with.fu~nll. knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said pxrgJeet. " ..... ����... Sngrn.... �_.... ...... .0.................................._ Date: 4.Z r STATE OF: Florida CO OF: Monro.. e Subscribed and sworn to 0)r all"nrr;nied before.erne, by means of I physical paresenn.ee or f nlu.ne He/She or has is ne sin aall ..o to produced Drver's License — _.__....v.�.... — rnt notarization, o� � (date) �� n I�lno�s n (n e ofaff"na..t) I'll (type of identification) as identification, l ._._ My Connie-issbon Expire,..;: o0or"'ki LKA,"C°ERINA KAMU INA, Y G:o11rr�/USSION 9 4.[r7.n5570 �A" n'XFpIR.r''3:,YaR.0.11a&'f 28,2026 VENDOR CERTUICATION REGARDING SCRUTMZED COMPANYES LISTS Project Description(s)- ...................................................... Respondent Vendor Name: Singh Hospitality LIC as agent for KnIght'sKey Investors 1J.,C d/b/a Isla Bella Beach Resort Vendor FEIN: 47-4283448 VendWs Authorized Representative Name and Title- Kim]I hompson, Director of Sales Address. lKnights Key Blvd_,_.... City. -Marathon. ------- State: Zip: Phone Number- —800-405.-1.948--.... .............. Email Address- ktho.mpson@islabelia.com Section 287.135,Florida Statutes prohibits a company from lbiddirng on, submitting a proposal for, or entenng 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 21.5.4725,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 Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. .As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for ProJects ot'S 1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan 1,1st, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated,, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel .l...ist or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan.List or the Scrutinized Companies with th Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified BY: - Kim Thompson. Whols authorized to sign on behalf of the abo .1efere d company. Authorized Signature, C'm M17 Print Name: " -- Title: Director cat Sales Note- 'The List are available at the following Department of Management Services Site: ness I S�stgt -puTchasjpg/ynd�r_ .._ mgion/convi tee slIsLw ended 4asqriuiinatory coni, laints vendor lists, A�® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/02/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME' FAX 1166 Avenue of the Americas A/CNNo Ext: A/C NO): New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 33703919-all-GAU-24-25 INSURERA: National Specialty Insurance Company 22608 INSURED INSURER B: Markel Insurance Company 38970 Knights Key Investors LLC 444 Madison Avenue,Floor 14 INSURER C: State National Insurance Company,Inc. 12831 New York,NY 10022 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011649446-08 REVISION NUMBER: 4 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 A X COMMERCIAL GENERAL LIABILITY X VTLGL01511800 09/28/2024 09/28/2025 EACH OCCURRENCE $ 2,000,000 DAMAG ToTE CLAIMS-MADE X� OCCUR PREM SES Ea occur enc. $ 2,000,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY❑ PRO JECT [X] LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY X VTLCA01104900(AOS) 09/28/2024 09/28/2025 COEaM acciden.,dentS INGLE LIMIT $ 2,000,000 A X ANY AUTO VTLCA01105000(MA) 09/28/2024 09/28/2025 BODILY INJURY(Per person) $ B OWNED SCHEDULED VRTA100011(CA) 09/28/2024 09/28/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X Garage Keepers Garage Keepers $ 1,000,000 A X UMBRELLA LAB X OCCUR X VTLUM01100300 09/28/2024 09/28/2025 EACH OCCURRENCE $ 10,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ Prod Completed $ 10,000,000 C WORKERS COMPENSATION VTLWC03100600 09/28/2024 09/28/2025 PER OTH- AND EMPLOYERS'LIABILITY X Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Liquor Liability VTLGL01511800 09/28/2024 09/28/2025 General Aggregate 4,000,000 Each Occurrence Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Location:Isla Bella Beach Resort APPROVED BY RISK MANAGEMENT Monroe County BOCC is listed as an additioanl insured as thier interest may apprear in a written contract. BY U'Xcuee''c�rr. si,�2 DATE 01.10. WAIVER N/A X YES CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD