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Item P2
P2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: P2 2023-3901 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard n/a AGENDA ITEM WORDING: Ratification of eight(8) small contracts signed by the County Administrator. ITEM BACKGROUND: The County Administrator pursuant to Monroe County Code and the Monroe County Purchasing Policy executed six small contracts where the total cumulative value was less than $100,000.00. The Contracts are between Monroe County and Canon Services, Federal Aviation Administration, Isla Bella, Ocean's Edge, Pedro Falcon, Stantec, Superior Electric and Tranquility Bay. PREVIOUS RELEVANT BOCC ACTION: Approval at each BOCC Meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: Small Contract m Canon Services EM 04 07 2025.pdf signed.pdf Small Contract m Federal Aviation Administration 04.10.2025.pdf Small Contract m Isla Bella 04.16.2025.pdf Small Contract m Oceans Edge EM 04.10.2025.pdf Small Contract m Pedro Falcon 04.16.2025.pdf Small Contract m Stantec 04.29.2025.pdf Small Contract m Superior Electric 04.08.2025.pdf 4042 Small Contract - Tranquility Bay 25-26.pdf FINANCIAL IMPACT: n/a 4043 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:Canon U.S.A., INC Contract# Effective Date: 04/01/20,25, Expiration Date: 01131/2026 Contract Purpose/Description: Multi-functional copierseryicewith Canon U.S.A., INC using EnterptiseAlternateContraet Source 44100090-24- NASPO-ACv for Emergency Management Department at 7280 Overseas Highway,,Marathon, FL 33050 Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cory SchWsow 606,15 EMG/#14 (Name) (Ext.) Department Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ 7,127.20 Current Year Portion: $ 2,692 70 (must be$100,000.00 or less) (If multiyear agreement then Not to exceed $100 000.00 requires BOCC approval,unless the gos�fl o,d,eo,l,�"e,vr1,aadtN Budgeted? Yes❑ No ❑X Grant: $ NJA County Match: $ NJA Fund/Cost Center/Spend Category: CC 13500; Ledger, 530310, SC 00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In ner Department Head Signature: Shannon Weiner Digitallya225 03signe 31 11'5257-04annon '00' Date'2025-03-31 11 S2'S7-04'00' County Attorney Signature: ~ Gaelan P Jones Digitally signedbyGaelanPJones Risk Management Signature: Date:2025.03.31 14:17:04-04'00' Lisa Abreu Digitally signed by Lisa Al Purchasing Signature: Date:2025.03.31 14:24:03-04'00' OMB Signature: John Quinn Date:l02 .0signed 3 Job Quinn Date:2025.04.03 16:39:46-04'00' Comments: Risk CanonUA General Liability&WC added 3/1 4044 ' BOARD OF COUNTY COMMISSIONERS County of Monroei , Mayor James K. Scholl,District 3 The Florida Keys f Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Emergency Management Department 7280 Overseas Highway Marathon, FL 33050 Phone (305) 289-6012 Facsimile (305) 289-6333 INTEROFFICE MEMO To: Purchasing Department From: Shannon Davis-Weiner Director, Emergency Management <ZCM Date: March 3rd 2025 Subject: Written Justification for Pricing on Canon Copier Services Monroe County Emergency Management is currently using a temporary contract with a local vendor, Sands of the Keys, for printing services at the Monroe County Emergency Operations Center. We aim to establish a contract with Canon U.S.A., INC through the Enterprise Alternate Contract Source 44100000-24-NASPO-ACS, effective from April 1, 2025, to July 31, 2026. Attached is the Enterprise Alternate Contract Source 44100000-24-NASPO-ACS, which outlines the terms and effective date between Canon and the Department of Management Services. The Purchase and Lease Form indicates a monthly payment of$365.45 for equipment and an additional $80.00 monthly maintenance charge for both devices. The remaining balance for this fiscal year is $2,692.70, and the total balance for the entire contract amounts to $7,127.20. 4045 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43B9D8BE Departm exit of MANAGEM7ENT SERVICES We serve those who serve Fllorida Enterprise Alternate Contract Source (ACS) No. 44100000-24-NASPO-ACS For Multi-Function Devices, Copiers, and Related Software and Services This Enterprise Alternate Contract Source No. 44100000-24-NASPO-ACS for Multi-Function Devices, Copiers, and Related Software and Services ("Term Contract"), is between the Department of Management Services ("Department'), an agency of the State of Florida, located at 4050 Esplanade Way, Tallahassee, FL 32399; and Canon U.S.A., Inc. ("Contractor"), located at One Canon Park, Melville, NY, 11747; collectively referred to herein as the "Parties." WHEREAS, section 287.042(16), Florida Statutes (F.S.) authorizes the Department to evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services; WHEREAS, the State of Colorado through NASPO, competitively procured multi-function devices and related software, services, and cloud solutions and executed Master Contract No. 187646, Multi-Function Devices and Related Software, Servies, and Cloud Solutions ("Master Contract'), with the Contractor; and WHEREAS, pursuant to section 287.042(16), F.S., the Secretary evaluated the Master Contract and determined that use of the Master Contract is cost-effective and the best value to the state. NOW THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Term and Effective Date. The Master Contract became effective on August 1, 2024, and its term currently ends on July 31, 2026. The Master Contract has three (3) years of renewals available. This Term Contract will become effective on August 1, 2024 or on the date signed by all Parties, whichever is later. This Term Contract will expire on July 31, 2026, unless terminated earlier or renewed in accordance with the Exhibit B, Enterprise Standard Terms and Conditions. 2. Order of Precedence. This contract document and the attached exhibits constitute the Term Contract and the entire understanding of the Parties. This contract document, Exhibits A, B, and C constitute the Participating Addendum to the Master Contract and modify or supplement the terms and conditions of the Master Contract. All exhibits listed below are incorporated into this Term Page 1 of 3 4046 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43B9D8BE Enterprise Alternate Contract Source (ACS) No. 44100000-24-NASPO-ACS For Multi-Function Devices, Copiers, and Related Software and Services Contract by reference herein. In the event of a conflict, the following order of precedence shall apply: a) This contract document b) Exhibit A, Additional Terms and Conditions to the Enterprise Contract c) Exhibit B, Enterprise Standard Terms and Conditions d) Exhibit C: Florida Post-Hoc Lease-Cancellation (FLPL) Rate Sheet for Canon U.S.A., Inc. e) Exhibit D, Master Contract (including any amendments to the Master Contract made prior to the effective date of this Term Contract and any subsequent amendments to the Master Contract that are added to this Term Contract in accordance with the Modifications Section listed below) Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Contract, such citation or reference shall be replaced by the comparable Florida law or regulation. 3. Purchases off this Contract. Upon execution of this Term Contract, agencies, as defined in section 287.012, F.S., may purchase products and services under this Term Contract. Any entity making a purchase off of this Term Contract acknowledges and agrees to be bound by the terms and conditions of this Term Contract. The Contractor shall adhere to the terms included in any contract or purchase orders issued pursuant to this Term Contract. 4. Primary Contacts. Department's Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399 Telephone: (850) 922-9867 Email: clirisl:oilmeir.irr�cirr�ullllenCdirr�s.�Il.aov Contractor's Contract Manager: Samantha Owens Canon U.S.A., Inc. One Canon Park Melville, NY 11747 Telephone: (631) 330-2754 Email: .Ls Ibiidedirtt�iinC cuse.cenon.coirn Either party may notify the other by email of a change to a designated Contract Manager Page 2 of 3 4047 Docusign Envelope ID:4316492D-64C5-4DFE-A159-386D43B9D8BE Enterprise Alternate Contract Source (ACS) No. 44100000-24-NASPO-ACS For Multi-Function Devices, Copiers, and Related Software and Services providing the contact information for the newly designated contact, and such notice is sufficient to effectuate this change without requiring a written amendment to the Term Contract. 5. Modifications. Unless otherwise stated in the Term Contract, any amendments to this Term Contract must be in accordance with Exhibit B, Enterprise Standard Terms and Conditions. If amendments are made to the Master Contract after the effective date of this Term Contract, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Term Contract, enter into a written amendment with the Department in accordance with Exhibit B, Enterprise Standard Terms and Conditions. IN WITNESS THEREOF, the Parties hereto have caused this Term Contract to be executed by the undersigned duly authorized undersigned officials. State of Florida: Contractor: Department of Management Services Canon U.S.A., Inc. DocuSigned by: (�DoLcuSigned by: By: ... By: ... Name: Pedro Allende Name:Mason Olds Title: Secretary Title: SVP Date: 12/15/2024 1 4:09 PM EST Date: 12/13/2024 1 1:19 AM PST Page 3 of 3 4048 CIA-11011 PURCHASE / LEASE FORM ❑ PURCHASE 9 LEASE PURCHASE ORDER/REFERENCE NUMBER CUSTOMER(FULL LEGAL NAME AND DBA NAME) CUSTOMER CONTACT NAME PHONE MONROE COUNTY BOCC EOC CORY SCHWISOW 305-289-6065 BILL TO ADDRESS CITY STATE ZIP MC BOCC 500 WHITEHEAD STREET KEY WEST FL 33040 SHIP TO ADDRESS CITY STATE ZIP 7280 OVERSEAS HWY. 2ND FLOOR MARATHON FL 33050 REMIT TO ADDRESS CITY STATE ZIP 4100 N. FAIRFAX DR.STE#200 ARLINGTON VA 22203 ITEMIZED LIST OF QUIPMENT WITH DETAILED CONFIGURATION PAYMENT DETAILS Item Code Make/Model/Description Qty Unit Price Lease Payment Extended Lease Payment 5961CO02AA Canon iRADV DX C3935i 2 $5959.80 143.33 286.66 49170002AA Cassette Feeding Unit AW1 1 $991.00 23.84 23.84 5634CO01AA Cabinet T e-W 1 $99.00 2.38 2.38 40000002BA Inner Finisher L1 2 $819.50 19.71 39.42 4919CO01AA Super G3 Fax Board BH1 1 $546.70 13.15 13.15 TOTAL: 15,195.30 $365.45 *Plus Applicable Taxes LEASE TERM NUMBER OF PAYMENTS TYPE OF LEASE PAYMENT FREQUENCY 16 16 ® FMV ❑ $1 ®Monthly ❑Quarterly ❑Other: (m months) MAINTENANCE BASE CHARGE ALLOWABLE COPIES OVERAGE RATE TAX EXEMPT $0.0095 B&W $40.00 x 2 7225 x 2 $0.0651 color ❑Yes 2 No This transaction is governed by the terms and conditions of the NASPO ValuePoint Master Agreement number 187646 and the State of FLORIDA Participating Addendum number FL 44100000-24-NASPO-ACS (together, the "Contract"). The undersigned has read, understands, and hereby agrees to all the terms and conditions set forth in the Contract. Any terms and conditions that conflict with,vary from, or supplement the terms of the Contract shall be deemed null and void. COMMENTS AUTHORIZED CUSTOMER SIGNATURE NASPO VALUEPOINT 187646 FL 44100000-24-NASPO-ACS PRINT NAME Christine Hurley TITLE County Administrator SIGNATURE DATE 4049 �m I P i ����� of the keys, inc u G� �U6a9 nif�d /' yo,tr r 0/,"/I?'Cc, ee:,l n cgy,, Path,,eer Proposal for MC EOC Building under State Contract# NVP 187646 FL 44100000-24-NASPO-ACS Canon imageRUNNER ADVANCE DX C3935i Ships standard with 200-sheet Single Pass Duplexing Automatic Document Feeder, Envelope Feeder Attachment, 100-sheet stack bypass, 2 x 550-sheet Paper Cassettes, UFRII/PCL/PS Printing, Direct PDF/ XPS Printing, Color Universal Send with PDF High Compression, Encrypted PDF, Digital Signature PDF (Device and User Signature), Trace and Smooth PDF, Searchable PDF/XPS, OOXML (Scan to PPT and Word), Universal Login Manager(Requires Download),uniFLOW Online Express, Access Management System, SSD Data Initialize, Data Encryption (FIPS-140-2), IP Sec, Encrypted Secure Print, Secure Watermark,Web Browser, 3.5GB RAM, 256GB SSD, Color Image Reader, Ethernet 1000Base-T/10013ase- TX/10Base-T,USB 2.0/3.0 Connectivity, Wifi Connectivity, Remote Operator's Software Kit, Color Network ScanGear and Drum Units. For proximity card use, DX platform devices come standard with iC Card Reader Box.Any configuration requiring a Proximity Card Reader is an additional purchase. Location of Unit: 7280 Overseas Hwy Marathon, FL.33050 Pricing: 60 month state contract NVP 187646 FL 44100000-24-NASPO-ACS for(2)-Canon iRADV DX C3935i multifunction device at$365.45 per month. Options included in pricing: as listed in the attached CFS State Contract Equipment and Services Worksheet Service and Supply Agreement: Agreement includes 7225 B&W pages per device at$80.00 per month. Overages billed at rates of$0.0095 per B&W page and$0.0651 per color page. Includes delivery,setup,and connectivity Onsite customer training Toner replenishment Meter service provided through Canon Financial Services All local supplies,parts,and labor excluding paper and staples Average 2 hour response time to service priorities Please feel free to contact me with any questions at 305-783-8002 Thanks John Ribble Confidential—not to be shared or copied without the prior written consent of Sands of the Keys,Inc PAGE 1 OF 1 4050 _ p 0 cs ]/{ q § § §LL } : k ( ki - ) \ \ \ \\ \ \\ \ / / / / / // / / / / / / k A g - k k : e j �\ § ! \ � ) \ \ § / ){ k ! - \ ; } , \ 0 . \ 2§ \ (] § � 0�a )0 \ 2 §; : : : : : : : : : : : : : : : \- (» _ « E < ik< . \ o § ! f )\ ! ! B a § \ klu } cs § § # § /G - ) 2 ! E ow � - - 2E -a \ i - \ LU J ) ) » w co co - r 2 % u \ a. ! ; § - \ Hd- - -- � LU IL o 0 � { - \ . : ! ) \ : _ % EkE - ` 0 } 15 kk / 0 ) /(\} \\& | & | .. ! ` ) § ) / ° " ` / q p 0 � § LL : k ( ki - „ , , , , , , ,, , , , , , 2 ; k § / / / / / // / / / / / \ \ \ } k o Oo A g - k k o )/ ! ! : e j �\ § ! \ \ \ . E \ ] / / \ § \ Lu ( \ - ° � ® � ) 2 0 - 2 ! ° ' olo o a ( ; t § § » , : : : : : : : : : : : : : : : _ « kk { k\ \ \ u : _ ] } § ! fw wuj oV § \ o k } cs IL N. cs § § of oo ) 16 2 ! ; § & - - ° : _ \ i o - \ Lu J o ) co ) 16 co IN - r 2 % \ \ R. a. ! ; § - \ dd- - --HI �o Lu lo ° � o. « } - o k --o . ) § 3:- \� ±/ )e ! Ek � $kk / ) /( k) _ | & | .. ! ` ) § ) / ° " I DATE(MMIDDIYYYY) A`COR" CERTIFICATE OF LIABILITY INSURANCE 03/03/2025 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 Maguire NAME: Regan Insurance Agency PHONE (305)852-3234 FAX (305)852-3703 A/C No Ext: A/C,No): 90144 Overseas Hwy. E-MAIL Imaguire@reganinsuranceinc.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tavernier FL 33070 INSURERA: Infinity Assurance INSURED INSURER B Sands Of The Keys Inc INSURER C: PO Box 345 INSURER D INSURER E: Islamorada FL 33036 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS 4—lom MERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREM IS (Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑PECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 50015304601 10/08/2024 10/08/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Drive other car $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured status when required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commission ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Kew West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4053 ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date Uninsured motorist BI split limit UMISP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date PKG PKG Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Multi policy credit ACCT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Hired/borrowed HRDBD Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000 0 Ref# Description Coverage Code Form No. Edition Date BED BED Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Non-owned NOWND Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001,AMS Services,Inc. 4054 Monroe County Purchasing Policy and Procedures ATIACHULN1 III. COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under -CC�ra ,#xx�ith Federal Aviation AdminjJit C�tract# AJW FN ESA 24°SO 00643°9° Effective Date: Upon Execution Expiration Date 30 days notice Contract Purpose/Description: 100%Reimbursable reernent for FAA's construction/installation oversight and flight inspection services for the relocation of the Runway 7 REILS du lrt0 the Runway 7/25 Construction Project at the Florida Keys Marathon International Airport. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Beth Leto 5239 KWIA Stop#5 Naniel CONTRACT COSTS Total Dollar Value of Contract: $ 97,424.47 Current Year Portion: $ Same (must be$100,000,00 or less) ........- (If multiyear agreement then requires BOCC approval,unless the ttml cwmihdit c�wit7+nl[it 00 Ol tl t 00 rn firs") Budgeted?Yes No ❑ Grant: $97,424.47 County Match: $ n/a Fund/Cost Center/Spend Cate O ,403-635118-SC_00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Re uired: YES ❑NO CONTRACT REVIEW Reviewer Date In Department Head Signature: Richard Strickland ............. County Attorney Signature: �.,�,....,. Digitally signed by Jaclyn Flatt Risk Management Signature: Jaclyn Flatt Date:2025,03,0415:20:29-05'00' Digitally signed by Lisa Abreu Purchasing Signature: Lisa Abreu Date:2025,03,05 08 43:56-05'00' Digitally signed by John OMB Signature: ,Jahn Quinn C"1XE1N1Daia.�� s,t�s.t�;; rat°°�.018.OR Comments: Revised BOCC 4/19/2023 Page 84 of 105 4055 48)1_� U.S. Department Southwest Region Fort Worth,Texas 76193 of Transportation Logistics Service Area Federal Aviation Administration July 9, 2024 Monroe County, Florida Attn: Richard Strickland, Director of Airports 9400 Overseas Hwy, Suite 200 Marathon, FL 33050 Dear Richard Strickland, This document is the payment computation and the request for payment referenced in Article 9 of Reimbursable Agreement#AJW-FN-ESA-24-SO-006439 between the Federal Aviation Administration and Monroe County,Florida. (Herein referred to as the Agreement) to which this document is attached. As set forth in Article 7 of Reimbursable Agreement#AJW-FN-ESA-24-SO-006439 the agency's total estimated cost to be reimbursed is $97,424.47. The advance payment, or start-up amount will be $97,424.47. The Sponsor can either make payment via check(Type the MOA/RA number on the check to expedite processing.) or you can use Pay.Gov (Most Preferred Method) or Fedwire. Attached to this document are the instructions on how to use pay.gov. Upon receipt of this notice, please send payment or pay via Pay.Gov or Fedwire in the amount of$97,424.47 to the FAA as described in Article 9 of the Agreement. After payment is received, the FAA may begin to incur obligations to implement the Agreement. Please provide Mr. Bradley K. Logan a copy of that check. When you send your payment, please include a copy of this document and send payment to: Billing Office/Fedex Address Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave. S.W. Room 612A Washington D.C. 20591 Telephone: 202-267-1307 4056 2 For further information, please contact Mr. Bradley K. Logan, Acquisition Management Branch, AAQ-570, 817-222-4395. Sincerely, Cj x- Bradley . Logan Contracting Officer Enclosure Reimbursable Agreement#AJW-FN-ESA-24-SO-006439 cc: Planning and Requirements Group 4057 Agreement Number AJW-FN-ESA-24-SO-006439 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND MONROE COUNTY, FLORIDA FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT MARATHON, FLORIDA WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the Monroe County Florida (Sponsor)requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS,it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA's mission; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and Monroe County Florida. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation,joint venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to provide FAA support for the Sponsor's Runway 7/25 Relocation Project. This project requires the relocation of the Runway 7 FAA-owned REIL. The FAA will provide construction/installation oversight and flight inspection services. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled: Reimbursable Agreement for FAA Support for Impacts to the Runway 7 REIL from the Sponsor's Runway 7/25 Construction Project at Marathon International Airport (MTH),Marathon, FL Non-Federal Reimbursable Agreement V96 Page 1 of 10 4058 Agreement Number AJW-FN-ESA-24-SO-006439 B. The FAA will perform the following activities: 1. Provide all available site-specific facility reference drawings. Provide FAA Computer-Aided Engineering Graphic (CAEG)Drawing Standards package to assist design firms with standards compliance. This package will include example drawings, map files, symbol libraries and related documentation. 2. Notify FAA Real Estate of the location change and update as necessary. 3. Attend pre-construction and project kick-off meetings with the Sponsor. 4. Provide a resident engineer(RE) and/or project engineering during construction and installation phases. The RE will arrive on-site a week before the start of work (i.e., to obtain security clearances and to attend pre-construction meeting) on FAA facilities until all construction punch-list items are cleared. The RE will have no contractual relationship with the Project Sponsor's contractor. The RE will submit weekly reports documenting construction progress and be responsible for promptly identifying pertinent issues (i.e., lack of progress, safety concerns, quality problems, etc.)to the Project Sponsor. 5. Provide a Technical On-site Representative (TOR) during installation and tune-up of electronics equipment. The TOR will be on-site from the start of the electronics installation until the facilities passes flight check. We estimate the duration to last 30 consecutive calendar days. 6. Participate in the Contractor Acceptance Inspection (CAI) with the Sponsor and the Sponsor's construction contractor. 7. Perform commissioning flight check of the Runway 7 REIL 8. Conduct a Joint Acceptance Inspection (JAI)with the Project Sponsor. A formal list of exceptions will be given to the Project Sponsor within 15 calendar days of the facility commissioning/restoration. Latent defects may be added to the list of exceptions through the formal process outlined in the JAI Order. C. The Sponsor will perform the following activities: 1. Provide drawings and specifications that comply with the FAA CAEG Standards and current FAA design criteria. Copies of the final design package (after all FAA review comments are incorporated)will be furnished to the FAA in paper, electronic file transfer, and Portable Document File (pdf)formats prior to the start of construction. 2. Perform all necessary environmental assessments and obtain associated permits. Obtain all necessary permits for construction, including those necessary for easements and encroachment. This work also includes meeting all airport security requirements and performing airspace evaluations. Non-Federal Reimbursable Agreement V96 Page 2 of 10 4059 Agreement Number AJW-FN-ESA-24-SO-006439 3. Accomplish all contracting, construction and installation for the modification of the runway 7 REIL in accordance with plans and specifications approved by the FAA. 4. Formally notify FAA Engineering Services a minimum of 30 calendar days in advance of major project milestones for coordination of activities. Major milestones shall include formal design reviews, Notice to Proceed (NTP), changes to the project schedule, and formal inspections. A project schedule must be presented to the FAA in advance of the NTP for planning and tracking purposes. 5. Provide a designated representative who will be readily available to the FAA during construction contract. This representative will be responsible for addressing FAA concerns to the Project Sponsor's contractor. 6. Participate in CAI(s) and final JAI with FAA representatives and correct construction exceptions as noted. If exceptions are not corrected within 45 calendar days, the FAA will clear remaining CAI/JAI exceptions and charge the cost to the sponsor through the reimbursable agreement. All exceptions must be cleared or otherwise resolved before the agreement can be closed out. Submit FAA Form 6000-26 Airport Sponsor Strategic Event Submission Form no less than 45 days prior to the start of construction that will impact NAS facilities, result in a full or partial runway closure, or result in a significant taxiway closure. This form is available on the OE/AAA website. This form may also be used to notify the FAA of any changes to the project schedule. D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes [ ] No. If Yes, the grant date is: [8/31/2022] and the grant number is: [3-12-0044- 040-2022]. If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available. ARTICLE 4. Points of Contact A. FAA: 1. The Eastern Service Area, Planning and Requirements will provide administrative oversight of this Agreement. Gregory Irvin is the Lead Planner and liaison with the Sponsor and can be reached at 404.305.7164 or via email at ire nor .irvinfL_�faa. . This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. The FAA Eastern Service Area,NAVAIDs Construction Center will perform the scope of work included in this Agreement. Kyle Janco is the NAVAIDs Construction Center Manager and liaison with the Sponsor and can be reached at 603.881.1368 or via email at lqjancoClaa. This liaison is not authorized Non-Federal Reimbursable Agreement V96 Page 3 of 10 4060 Agreement Number AJW-FN-ESA-24-SO-006439 to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 3. The FAA Eastern Service Area,NAVAIDs Installation Center will perform the scope of work included in this Agreement. Keenan Anderson is the NAVAIDs Installation Center Manager and liaison with the Sponsor and can be reached at 4043 3 05.7421 or via email at keenan IiLkii� q iz�laa. )ov . This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 4. The execution, amendment, and administration of this Agreement must be authorized and accomplished by the FAA's Contracting Officer, Brad Logan who can be reached at 817.222.4395 or via email at 1bradjo. C(faa. . B. Sponsor: Monroe County Florida 9400 Overseas Hwy, Suite 200 Marathon,FL 33050 305.809.5210 ARTICLE 5. Non-Interference with Operations The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA's opinion interfere with the technical and/or operations characteristics of an FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties will determine funding responsibility. ARTICLE 6. Property Transfer A. To the extent that the Sponsor provides any material associated with the Project, and to the extent that performance of the requirements of this Project results in the creation of assets constructed, emplaced, or installed by the Sponsor, all such material (buildings, equipment, systems, components, cable enclosures, etc.) and assets will be transferred to and become the property of the FAA upon project completion. For purposes of this Article 6, "project completion" means that FAA has inspected the specific equipment or construction, and has accepted it as substantially complete and ready for use. The creation of an additional agreement will not be required, unless such other agreement is required by the laws of the state in which the subject property is located. The Sponsor and FAA acknowledge by execution of this agreement the FAA will accept the fundamental responsibilities of ownership by assuming all Non-Federal Reimbursable Agreement V96 Page 4 of 10 4061 Agreement Number AJW-FN-ESA-24-SO-006439 operations and maintenance requirements for all property transferred to the FAA. The transfer of asset(s)will occur on the date the asset(s)is placed in service. It has been determined the subject transfer(s)to FAA is in the best interest of both the Sponsor and FAA. B. In order to ensure that the assets and materials subject to this Article remain fully accounted-for and operational, the Sponsor will provide the FAA any additional documents and publications that will enhance the FAA's ability to manage, maintain and track the assets being transferred. Examples may include, but are not limited to, operator manuals, maintenance publications, warranties, inspection reports, etc. These documents will be considered required hand-off items upon Project completion. ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor WB4050 Construction $20,240.00 WB4060 Site Preparation $24,300.00 WB4070 JAI/CX/Closeout $15,060.00 Labor Subtotal $59,600.00 Labor Overhead $11,848.48 Total Labor $71,448.48 Non-Labor WB4050 Construction $5,259.00 WB4060 Site Preparation $16,623.84 WB4070 JAI/CX/Closeout $2,169.00 Non-Labor Subtotal $24,051.84 Non-Labor Overhead $1,924.15 Total Non-Labor $25,975.99 TOTAL ESTIMATED COST $97,424.47 ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9 of this Agreement. This Agreement will not extend more than five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements Non-Federal Reimbursable Agreement V96 Page 6 of 10 4062 Agreement Number AJW-FN-ESA-24-SO-006439 A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor, except as described in section D of this Article. Per U.S. Treasury guidelines, refunds under$1.00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than $1.00. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Reimbursable Receipts team is identified by the FAA as the billing office for this Agreement. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt- processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. When submitting funding by mail, the Sponsor must include a copy of the executed Agreement and the full advance payment. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt-processing delay of up to 10 working days. FAA payment remittance address using USPS or overnight method is: Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave S.W. Attn: Rm 612A Washington D.C. 20591 Telephone: (202) 267-1307 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: Monroe County Florida Attn: Richard Strickland, Director of Airports 9400 Overseas Hwy, Suite 200 Marathon, FL 33050 305.809.5210 D. The FAA will accept payments under this Article from only one of two sources: either(1)the Sponsor or (2) a Third Party on behalf of the Sponsor, and the same source must make all required payments. If a Third Party makes the payments, then any refund due from FAA upon completion of the Agreement will be returned to that Third Party. Non-Federal Reimbursable Agreement V96 Page 6 of 10 4063 Agreement Number AJW-FN-ESA-24-SO-006439 E. The FAA will provide the Sponsor a quarterly Statement of Account of costs incurred against the advance payment. F. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Amendments Changes and/or amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence Non-Federal Reimbursable Agreement V96 Page 7 of 10 4064 Agreement Number AJW-FN-ESA-24-SO-006439 If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under one or more of the following authorities: 49 U.S.C. § 106(1), 31 U.S. Code 6505 Intergovernmental Cooperation Act. Under these authorities, the Administrator of the FAA is authorized to enter into and perform such contracts, leases, cooperative agreements and other transactions as necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator considers appropriate.Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising Non-Federal Reimbursable Agreement V96 Page 8 of 10 4065 Agreement Number AJW-FN-ESA-24-SO-006439 out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14.2.1, Contractor Personnel Suitability Requirements are met. ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. Additionally, the FAA expects this agreement to be funded within 120 days of execution, if funding is not received by that date; the FAA may exercise the right to renegotiate estimated costs. Non-Federal Reimbursable Agreement V96 Page 9 of 10 4066 Agreement Number AJW-FN-ESA-24-SO-006439 AGREED: FEDERAL AVIATION MONROE COUNTY FLORIDA ADMINISTRATION SIGNATURE SIGNATURE NAME NAME Christine Hurley TITLE Contracting Officer TITLE County Administrator DATE DATE Non-Federal Reimbursable Agreement V96 Page 10 of 10 4067 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 cairnt106l 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:2025.04.0216:4928-04'00' Purchasing Signature: OMB Signature: 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)� 4068 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 4069 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. 4070 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, 4071 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 Fly rniless and Indernnification. 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 indenmity, 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,ounly BOCC By: Bella each Resort Signature: Signature: CMRO-Mr4,01L Printed Printed Kim Thompson Name: Christine Hurley Name: Title: County Administrator Title. Director of Sales Date Date Signed: Signed: 4.2.25 4072 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 4073 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, 4074 ® 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 4075 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. 4076 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 4077 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). 4078 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 4079 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. 4080 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 4081 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 1 1at,,,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 4082 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 4083 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. 4084 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 4085 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. 4086 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 Kimrhom - (date)by , pson (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 4087 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 4088 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 GI 4089 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 4090 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 Conn in-issbon Expire,..;: o0or"'ki LKA,"C°ERINA KAMU INA, Y G:o11rr�/USSION 9 4.[r7.n5570 y �R'�;y7t# n'XFpIR.r''3:,YaR.0.11a&'f 28,2026 4091 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 lbiddinng 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,on 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 Sign ' ature, Cm 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 video 4asqriuiinatory coni, laints vendor lists, 4092 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'XcGee�c�rr. ,r,� 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 4093 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:Oceans Edge F2etort&Marina Contract# Effective Date: 0 /01/202,5, Expiration Date: 02/28/2026 Contract Purpose/Description: To provide housing for emergency workers during a declared disaster or ether large-scale emergency in Monroe County.(,genewal-expired 12-31-20,24) Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cory SchvVisow 6065 14� (Name) (Ext.) Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ TBb Current Year Portion: $ N/A (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the +flag c,i,r iRJdl.Yw�o r¢i 4,a iris i "s'l00{}00,00 or q„s) Budgeted? Yes❑ No ❑✓ Grant: $ N/A County Match: $ N/A Fund/Cost Center/Spend Category: TB© ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES El NO ❑ CONTRACT REVIEW Reviewer Date In ner Department Head Signature: Shannon Weiner Digitallya225 04signe 03 15'0513-04annon '00' Date'2025.04.03 15'OS'13-04'00' County Attorney Signature: ~ Gaelan P Jones Digitally signedbyGaelanPJones Risk Management Signature: Date:2025.04.0313:40:53-04'00' Julie E. Cuneo Digitally signed by Julie E.Curl Purchasing Signature: Date:2025.04.04 09:01:11-04'00' John Quinn Digitally signed by John Qu inn OMB Signature: Date:2025.04.0410:10:41-04'00' Comments: Agreement will only be utilized after a declared disaster in Monroo County. Total dollar amount will be determined based on usage, riot to exceed$100,000.00) 4094 AGREEMENT FOR LODGING ACCOMMODATIONS MONROE COUNTY and Singh Hospitality LLC as agent for Key West 2016, Lessee, Inc. d/b/a Ocean's Edge Resort and Marina THIS AGREEMENT, is made and entered into by and between Singh Hospitality LLC as agent for Key West 2016, Lessee, Inc. d/b/a Ocean's Edge Resort and Marina, 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 WHEREAS, 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 WHEREAS, Singh Hospitality LLC as agent for Key West 2016,Lessee,Inc.d/b/a Ocean's Edge Resort and Marina is a hotel company that operates in Key West, FL, manages more than 175 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 Descri tion of Goods/Services. Hotel will provide accommodation (lodging) on a space 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 Designated 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 4095 resolve any issues that arise. 3.0 Term. This Agreement is effective from 3/1/25 through 02/28/26. 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 BOCC. 4.0 Fees, hivoices, a) All Hotel rooms will be billed at $199.00 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 Room/Unit 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: �:� '11.1 l�a.��•�:#��.��i����.'ar,. l�sw����c�:°��Aar��^�=-�1.����° Subject: EOC....Lnvolc............e 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 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) Both 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 4096 to provide the aforelisted amenities if possible. 5.0 Miscellaneous. 5.1 A�j�ent. 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 Entire A Yreement. 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 Coun�a .s. 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 Notices. Any notice, communication or payment required under this Agreement shall be addressed as follows: County: Contractor: Monroe County BOCC Sinah Hosnitalitv LLC as Aayent for lit 2016.. Lessee Inc. d/b/a 1100 Simonton St, Ste 2-205 Ocean's Edge Resort and Marina Key West, FL 33040 5950 Peninsula Ave Attn: Christine Hurley, Ivey West, FL 33040 County Administrator Attn: Kevin Croke General Mana er 786-862-6322 With a copy to: Attn 5.5 Auth:ori y. 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 Federal and 'fate Rec fired, 1 blic 1 ecc rds a d County Contract Clauses. 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 4097 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 .Hold Harmless amid Indemnification. 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 indemnify, 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 WHEREOF, 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 Key West 2016, Executed Monroe County BOCC Accepted By: Lessee, Inc. d/b/a Ocean's by: Edgp Resort and Marina Signature: Signature: 1� Printed Printed Name: Christine Hurley Name: c 4098 Title: County Administrator Title: L(—?b(—OryV Date Date Signed: Signed: • Z S Address: 1100 Simonton Street Address; 5950 Peninsula Avenue Key West, FL 33040 -Kex West, FL 33404 Email: hurle -ehristine i7rno roeeount -1l. Gov Email: L(,Q + t C 4099 ATTACHMENT A REQUIRED FEDERAL AND STATE CONTRACT CLAUSES 1. Pr visions Reg iuired bv,, ,, aw 2 C F a. Termination: i. Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time,upon sixty(60)days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement without cause upon sixty (60) days' written notice of its intention to do so to the other parry; 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) calendar days' 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 COUNTY'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. 4100 2. , Dual EmnloXment imination Provisions. 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 in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement,the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or 4101 on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 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. 4102 3. E;R EL� )CWR NTR, '` E ' Hotel and its subcontractors must follow the provisions, as applicable, as set forth in Appendix II to 1 C.F.R. Part 200, as amended, including but not limited to: A. Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). 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 (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR 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 must 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 and Transit Security Grant Program (it does not apply to other FEMA 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 subrecipient 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 C.F.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 4103 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 to the 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 of the 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 Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 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 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 4104 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 to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2). d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 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. 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. E. Clean Air Act 42 U.S.C. 7401-7671 . and the Federal Water Pollution Control Act, t.J..C. 1251_ 137). 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.S.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. Debarment and SLIs,erisio Executive Orders 12549 and 12689 ---A contract award under a"covered transaction" (see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), 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) SAM Exclusions 4105 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. 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 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. G. Byrd Anti-Lobb yin, 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, the attached certification must be signed and submitted by the contractor to the COUNTY. H. Comnliance 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 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 affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated 4106 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. I. Arn ricans witli Disabilities Act ol`1990. as amended AI 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 Disadvantaged Bus pg. I ��t�e �P l oy end �j tit�rj - 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 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. 2 C.F.R. 200.321 CONTRA, CJ'ING WITH SMALL AND MINORITY BUSINESSES WOMEI' 'S BUSINESS ENTERPRISES, ANDLABOR. 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 whets velµd ossible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economical ly feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules,where the reClUirenientpermits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through(5) of this section. 4107 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 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 F.S. 448.095. L. ,Erterp_v El'�l:��cietac r- 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. 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. D1JS Seal, Lo pro and 1 la(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. O. aqi 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. P. Maintenance ol`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 termination 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 term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or 4108 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. Q. 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) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director f the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 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 fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 4109 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 parry 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 to the contractor's actions pertaining to this contract. 4. FloridaDivision.QUEmcrgency ManageMgnjui eme t . The Contractor is bound by any terms and conditions of the Federally-Funded Subaward 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, to the extent allowed and required by law. 5. Florida Public Records l ents 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. 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 to this 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. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: 4110 a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the Contractor 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, publicrecords@monroecounty-fl.gov, (305) 292-3470. 6. Florida and Monroe County Re aired Terms. a. Majeure. 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. Governit , l.,aw, Forum for Disputes. The County and Contractor agree that all 4111 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. Ri ht 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. 4112 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 HospitaliL LLC" as agent for Key West 2016, Lessee Inc.. d/b/a Ocean's Edge Resort and Marina (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last 36months. .................... .............. (Signature) Date: STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of;Kphysical presence or ❑ online notarization, on la %h o'. (name of affiant), He/Sh s personally�known ,e or has produced (type of identificatrbn as i entificatioii. NOTARY PUBLIC" SAM F Notary Public My Commission Expires: (-La State of Florida < comm#HH607438 Expires 10/28/2028 4113 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "Singh Hospitality Hospitafily LLC as agent for Key West 2016, Lessee jne. d/b/a Ocea:n's Ed e Resort and Marina" (Company) "...warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." _.......... (Si nature) Date: 1171 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of[physical presence or ❑ online affiant)notarization, He/She s personally known ��� produced� �� . (name of *a( _GateQ-M e or has y (type of identification. as i 'entilication. sARA FER©LWN VNotary Publk state of Florida NOTAM1 13'LIC Comm#HH607438 /wc Expires 10/28/2028 My Commission Expires: 4114 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Singh Hospitality LLC as agent for Key West 2016 Lessee Inc. d/b/a OceanM's Edge Resort and Marina (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 iat this firm complies fully with the above requirements. ........ (Signature) Date: .................. STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of lhhysical presence or ❑ online notarization, on 3 (date) by (name of affiant). He/She is impersonally known to me or has produced (type of identification) as identification. saw► FERGUSON NOTARY PUBLIC Notary Public My Commission Expires: LO z State of Florida Comm#HHW7438 Expires 10/28/2028 4115 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Singh Hospitality LLC as agent for Ke "'west 2016 Lessee Inc. d/h/a Ocean's Ed a resort and Marina Vendor ...... _..Vendor's Authorized Representative- .:.... e Address: �SR � ,1,o✓e and Title City: _.....— State: PC- _. .. Zip: 3D,04 Jb Phone Number: Email Address. As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or 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 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 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 II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: 16W w. (2 (¢_ who is authorized to sign on behalf of the above referenced company. Authorized Sign ure: " Print Name: Title: . �. ......._.._ 4116 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 1, 4 �L Grot(o. of the city of V4A1 U9151-according to law on my oath, and under penalty of perjury, depose and say that: a. I am &A of the firm of Singh Hospitah!y LLC as agent for Key West 2016, Lessee Inc. d?b/a Ocean's Edge Resort and Marina ("Entity"), the bidder making the Proposal for the prqject described in the Request for Proposals for 4912!Ai4g, f and that I executed the said proposal with full authority to do so; b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding con, -- is for said proj, U .... .... ........................... ........... ............................. ........ (Signa1"ture) / Date: 1-<1 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of(physical presence or El online notarization, 0 (date) by (name of affiant). He/She i�personal�ly known to in ias,produced ......................... (type of i e s7i etqitmc!a�tf!-ion. SAM KRGWN Notary Public State of Florida NRTA�R*, C�- Comm#HH607438 Expires 10128/2028 My Commission Expires: .................... 4117 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Emergency Worker HHouuusin Respondent Vendor Name: Singh Hospitality LLC as agent for Key West 2016, Lessee Inc. d/b/a Ocean's Edge Resort and Marina Vendor FEIN: Vendor's Authorized Representative Name and Title: & " t✓' Address: G' S)0 Re A t s-k.✓ b�'-�— ......... .......-----........................................... City: GA, _ State: �'L Zip: Phone Number: a- Email Address: N 51 i2bs^ 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 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 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 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 List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: __ � who is authorized to sign on behalf of the co above refer �d Authorized Signahllre: Print Name: Title: ..... ..— Note: The List are available at the following epartinent of Management Services Site: litt :/ www,dm i.m 11.orida.coin/bLisiness operations/state irchasin g/vendor information/convi e;d sLispended discriminatqD: �1G ants vendor lists 4118 DATE(MMIDD/YYYY) A11`. o CERTIFICATE OF LIABILITY INSURANCE 04/03/2025 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/C,PHONE No,Ext: A/C,No), New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# CN133703919-all-GAUT-24-25 INSURER A: National Specialty Insurance Company 22608 INSURED Key West 2016 Lessee;Inc INSURER B: Markel Insurance Company 38970 5950 Peninsular Ave. INSURER C: State National Insurance Company.Inc. 12831 Key West,FL 33040 INSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: NYC-011865136-06 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDPOLICYIYYYY MMIDD EFF Y EXP I /YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY VTLGLO1511800 09/28/2024 09/28/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 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 X❑ LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY VTLCA01104900(AOS) 09/28/2024 09/28/2025 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident 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 PROP ERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X Garage Keepers Garage Keepers $ 1,000,000 A X UMBRELLA LIAB X OCCUR VTLUM01100300 09/28/2024 09/28/2025 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ Prod Completed $ 10,000,000 C WORKERS COMPENSATION VTLWC03100600 09/28/2024 09/28/2025 X STATUTE EORH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N 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 $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:OCEAN'S EDGE KEY WEST,5950 Peninsular Avenue,Key West,FL 33040 APPROVED BY RISK MANAGEMENT Monroe County BOCC is listed as an additional insured as their interest may appear in a written contract Evidence Only BYaaaru¢a DATE 4.03.25 WAIVE',R N/A X YES CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Aft Roman Gastesi,County Administrator THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St.Ste 2-205 ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4119 AGENCY CUSTOMER ID: CN133703919 LOC#: New York A�C0R0 ADDITIONAL REMARKS SCHEDULE Page 2 of 4 AGENCY NAMED INSURED MARSH USA,LLC. Key West 2016 Lessee,Inc 5950 Peninsular Ave. POLICY NUMBER Key West;FL 33040 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Active Shooter and Malicious Attack Carrier:Hiscox Policy Number:UTS2575563.24 Effective Date:09/12/2024-Expiration Date:09/28/2025 Limit:5,000,000 Deductible:10,000 Terrorism and Sabotage Liability Carrier:Hiscox Policy Number:UTS2575563.24 Effective Date:09/12/2024-Expiration Date:09/28/2025 Limit:2,000,000 each Claim,$2,000,000 Aggregate Deductible:$25,000 Garage keepers Legal Liability Comprehensive $1,000,000 Limit $500 Deductible for Each Customer's Auto Loss $2,500 Maximum Deductible for Loss Caused by Theft or Mischief or Vandalism Collision $1,000,000 Limit $500 Deductible for Each Customer's Auto Loss Excess Liability: $10,000,000 Excess of primary AWAC(Allied World Assurance Company) Policy#0314-4310 $10,000,000 excess of$20,000,000 Vantage Risk Assurance Company Policy#PO4XC0000068470 Aspen American Insurance Company Policy#CX012CU24 Excess Liability: Insurer:ACE Property and Casualty Insurance Co. Effective Dates:September 12,2023-September 12,2024 Policy#G28970304001 Limit:$15,000,000 excess of$10,000.000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4120 AGENCY CUSTOMER ID: CN133703919 LOC#: New York A�C0R0 ADDITIONAL REMARKS SCHEDULE Page 3 of 4 AGENCY NAMED INSURED MARSH USA,LLC. Key West 2016 Lessee,Inc 5950 Peninsular Ave. POLICY NUMBER Key West;FL 33040 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Insurer:Markel American Insurance Cc Effective Dates:September 12,2023-September 12,2024 Policy#DPHX002023 $15,000,000 excess of$10,000,000 Excess of primary carriers Insurer:StarStone Specialty Ins Co:NY&WA(Non-Admitted) StarStone National Insurance Company:All Other States Effective Dates:September 12,2023-September 12,2024 Policy#D8597231 ALI $5,000,000 excess of$25,000.000 Excess of primary carriers Allied World Assurance Company(U.S.):NY,CA,DE Allied World Specialty Insurance Co:CO.ME,NC,WS,WY Allied World National Assurance Company:All Other States Effective Dates:September 12,2023-September 12,2024 Policy#0313-7701 $10,000,000 excess of$30,000,000 Excess of primary carriers Navigators Insurance Company Effective Dates:September 12,2023-September 12,2024 Policy#NY23EXCZODV1 PIV 15,000,000 excess of$40,000.000 Excess of primary carriers Libertylnsurance Underwriters Effective Dates:September 12,2023-September 12,2024 Policy#1000328112-06 15,000,000 excess of$55,000.000 Excess of primary carriers Westchester Fire Insurance Company Effective Dates:September 12,2023-September 12,2024 Policy#G71789299004 15,000,000 excess of$70,000.000 Excess of primary carriers Gothan Insurance Company Effective Dates:September 12,2023-September 12,2024 Policy#EX202300003289 10,000,000 excess of$85,000.000 Excess of primary carriers Liberty Insurance Underwriters Effective Dates:September 12,2023-September 12,2024 Policy#100034649805 10,000,000 excess of$95,000.000 Excess of primary carriers ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4121 AGENCY CUSTOMER ID: CN133703919 LOC#: New York A�C0R0 ADDITIONAL REMARKS SCHEDULE Page 4 of 4 AGENCY NAMED INSURED MARSH USA,LLC. Key West 2016 Lessee,Inc 5950 Peninsular Ave. POLICY NUMBER Key West;FL 33040 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance North River Insurance Company Effective Dates:September 12,2023-September 12,2024 Policy#5228120745 15,000,000 excess of$105,000,000 Excess of primary carriers Colony Specialty Insurance Company Effective Dates:September 12,2023-September 12,2024 Policy#AR3461887 25,000,000 excess of$120,000,000 Excess of primary carriers Fireman's Fund Insurance Company Effective Dates:September 12,2023-September 12,2024 Policy#USL01408123A 25,000,000 excess of$145,000,000 Excess of primary carriers Total Excess:170,000,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4122 MoInroe County Purchasing Policy and Procedure C:`ON"1 C"I: Ill t ., "+G I , h°C ,t CON IRACTS $100,009,00-41id,U,*r,,, Contract a with: Pet atco �a���� ��� ..__ &:.t„I'ective Date. E'xpiraution Date: Contract Purl,ose/Descrip,tia,n: xx r Contract is Original Agreement Contract t,,endmettt/Fxtension Renewal i /ii iii / //�/✓/f /��"� �/i � %ii v //,. is �, COw,traet Manager CON I IC ,CW,T COS I Total l " � c�� Ilru Iu t�af C C�)Iltraltt: , r C�urrentitr�Yc�iI tartia,��t: (rwrru°s b010+rr VC"s} cntl ICLVM'a S N;O t"apprm r uItfle+r;s dice ",,t�;l nirt�ull�Pir,r urt,.yuirY i� Budgeted? "tcsM' No El Grant: County Match: / Fund/Cost os ',Et Center/ nd Categy(,'9r /li i i rl/ ,`ii// I~ ii/l ii r% ADDITIONAL COSTS F'sthiiatecl Ongoing Costs: l) rryr For: N/A (Not included ira dollar value abovc) (e,g. maintenance,utilities,_janitorial,salaries, etc.) Insurance Required: "YES F# NO C"+C::)N"I"RA('T RMII;W Revie�vcr Date In Departt„ent Head Sig,t,a:tture: VVIMiam De Santos Cltatillty Attt,mey Signature: Joseph X Di,Novo �3 Ri Jaclyn Flap „�, N A r , 1£?,11w1t4V1`e: .... x x: i rr v rs,ir n ru✓ r" a"'"«irIN iw nr v Lisa Abreu1 RI:M, I ur«�I,att�anl� Signature: .... n, � �� N113 Signature- John Quinn �� t)1119Tient,s: Page 84 of 105 4123 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR DESIGN AND BUILD HANDICAP ACCESS RAMP, OLD PLANTATION KEY COURTHOUSE, 88800 OVERSEAS HIGHWAY, 3307O BOARD 01' COUNTY COMMISSIONERS Mayor Jarnes K. Scholl, District 3 Mayor Pro 'Tem Michelle Lincoln, District 2 Craig Cates, District I David Rice, District 4 J_Jollyr Met-rill Raschein, District 5 COUNTY ADMINIS'l-RA TOR Christine Hurley Clerk ofthe Circuit Coun Iacilities Maintenance Director Kevin Madok William DeSantis March 2025 PRId"ARED BY: Monroe County Facilities Maintenance Department Page 1 of'3'3 4124 Creneral Scope of Work .Job Name: Handicap Access Rainp — Design/Build Job Location: Old Plantation Key Courthouse,88820 Overseas Ifighway, Plantation Key', Florida 33070 Contact: Chrissy Collins (—'ollins-Chriss1,41 znon,r(,,occou,nII-fl.gov 305-304-9711 Willie De Santis Desaintsi-vvilliaim4i inoriroecioHII!I�� 305-797-1250 PRO,JEC'I' OVERVIEW PR0,IEC'T INTENT' AND SCOPF G'ENERAL REQUIREMENTS 1. Project Overview A) McMroc County ("Owner" or Mnit)r) shall enter into a contract with a qualified Contractor to Design and Build a Handicap accessibility rarnp to the entrance of the old plantation Key Courthouse, The terin ofthis contract shall cornnience upon approval and execution of the contract by Monroe County and will terminate Upon final completion of the Project as noted herein, 'The Contractor shall commence performance tinder the conitract, which may include applying For a permit, within 'Fen (10) calendar days of the Tate +nf issuance to t1le undcrsi�.,Incd by Chvncr cif a Notice, to Procced, Purchase Order, or I'a,;k 0rder. Once cornmericed, the undersigned shall diligently WntinLIC performance until conipletion of the Project. The Undersigned shall accomplish Final Completion of the Pro,iect w 0 within 'Thirty (31) days thereafter, unless ',in extension of time is grae Laryntd the County, flie Contractor shall be required to Secure and pay for all required permits and approvals to perforrn the work frOM governmental entities, which may include the Village of IslaRlorada Building Department, Monroe Building Department, and any other permitting or regulatory awencies, it'applicable. 'Hic o,ntractor does not have to hICILIde those permit fees as a part of the (-'ontractor's bid. If the (.ontractor is awarded this Job, once it has been issued a permit, the County Will pay the fee. Page 2 k)t*33 4125 13) All quotes are due by Friday, March 21, 2025, at 3:01) P.M- via ernail to collies- chrissy(ii,')i,yioiiroecotinty-fl.g(.)v. All QUOtes must state they will be good for one hundred twenty ( 120) calendar days from sL,ibrnittaA due date, 2. Project Intent and Scope Scope (A'Work: The Contractor shall provide the l'ollowing Scope of Work and provide all labi,)r and materials to Design and Build a Handicap accessibility rarnp to the entrance of the old Plantation Key CourthOUSC: Conduct a Topographic SUrvey of Pray ject area Prepare Engineering Plans for permitting Pull Permit with Villages of Islarnorada Saw cut and remove existing sidewalk that is in need of modification Dispose of concrete and debris off site Prepare new sidewalk base and forms, Pour new concrete lo,r Handicap access,ramp Supply and install new ADA warning pads as needed Relocate and restripe affected parking spaces if required 3. General Requirements A) Flie Contractor shaH coordinate all activities with the foHowing representative of the N,lonroe County Facilities klaintenartce Department: Chrissy (".'ollins at 305-304-9711 B) The Contractor is reClUired to provide prc)tection fior all existing surfiaces inckiding. bLit not litnited t(): i. Fxisting fixtures ii. personal Itcrns iiL Floors ivVehicles and Personal Pilopert,, V. I-andscaping C, C) Fhe (",ontractor shall CrISUrc that all: non-exempt employees for this efl'ort are compensated in accordance with all State and Local Laws. D) I Fhe Clontractor shall load, haul, an(] properly dispose ofall construction debris and materials. F The Contractor shall provide and maintain appropriate (OSIIA reqUireld) construction warnino signs and barriers. Page 3 ot'33 4126 F), The Contractor shall furnish all required \Nork site safety equipment, G) Th e (11 1 ontractor shall furnish and maintain on-site material safety data sheet; �MSDS) for all materials used in the COIIStrUCtiOn. 1-1) Construction \vcwk times shall be limited to those specified by the County, All materials Must be approved by SUbmitial prior to commencement (A'v,'ork. J) Fhe 'ontractor shall provide a I LIMP.sure price by 6(lay,March 21,2025,at 3:00 P.M., via ernaH as noted herein. K) The Contractor needs to be aware of'weather and location and plan accordingly. L') The Contractor needs to, be aware ofthe facility. its residents,and stafi'with LHIUSU"I'l schedules and plan accordingly. M), The Contractor shall provide a safetNl lit`t plan for any crane/hoist work. N) Itapplicable, the Contractor shall provide paper or electronic copies ot'all original ZZ, device specifications, warranties, maintenance Schedules, shop drawings, peraiits. repair and maintenance contacts,and any other information necessary for the proper functioning and maintenance ofthe equipment. 0) Th e shall provide a schedule for Lill phases ofthe project. I'he Contractor shall coordinate all activities With C011CUrrent site work. being, perfornied, if any, Q) Insurance Requirements: I Workers C ompensation Statutory Limits Employers' Liability S l(A),000 Bodily InJury by Accident $500A0 Bodily In'jury by Disease. policy hmits S I 00t ,(Y00 Bodily hIjUry by Disease, each employee Gener,al Liability $200�,O00 per Person $300�.00�O Per OCCUrrence $200,000 Property Darnage or $300�.000 ornbined Single I imit F)age 4 of'33 4127 Vehicle: $200,000 per person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Darnage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monr,oe County Board of County C,ommissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate 11older and Additional Insured on General Liability and Vehicle policies. A -Sample" (.,ertificate of'Insurance iis attached, which may not, be reflective ol'the insurance amounts required for this proliect but is provided for purposes" only, R) 'f'he ('ontractor is required to have all Current licenses necessary to perform the work and shall submit the Contractor's I.Jcense and Monroe County Business Tax Receipt along with its Proposal. If' the (7ontractor is, not a CUrrent registered Monroe (,"ounty Vendor, then it shall also submit a properly completed and executed W-9 Form. S) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notv,ithstanding any mmirrium Insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indcmnif'v and hold the ('aunty and the ('ounty's elected and appointed officers all(] employees harmless frorn and against (i) any claims, actions or causes 01' ZIC6011, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, darnage. fine, penalty or bUSii1CSS interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or Sustained by, any indemnified party by reason lot',or in connection with,(A)any, activity oWthe Contractor or any of its employees, agents, subcc)ntractors or other invitees during the term ofthis Agreement, (B) the negligence or recklessness. intentional wrongful aiiscondLiCt, errors or other wrongful act or omissions of the Contractor or any of its employees, agents, subcontractors or Other invitees, or(C') the (.'ontractor's default ill respect of any of file obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than the ('ontracLor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract arid not less than $1 million per OCCUrrence pursuant to Section 725,06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirernents included in Paragraph 3 Q, herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or- circumstances that occur during the term ofthis Agreement, this section will survive the expiration ofthe term, of this Acyreement or any earlier termination ofthis Agreement. Page 5 Of'33 4128 In the event that the completion of`tile project ject (to include the work of'ethers) is delayed or SLispended as a result of' the Contractor S fllih.ire to purchase or maintain tile required insurance, the Contractor shall indemnify the COLInty fi-orn any and all increased expenses resi,ilting from such delay, Should any claims be asserted against the County by virtue of. tiny deficiency or ambiguity in the plans and speciflications provided by the Contractor, the (r'ontractor agrees and warrants that the Contractor shall hold the County harmless and sliall indemnify it from all losses (.)ccurring thereby and shall further defiend any claim or action on the COLInty*s behalf'. The extent of' liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement, Nothing contained in this paragraph is intended to nor shall it constitute a waiver of'the COLInty'S sovereign in"H111,111ity. IF) NON-COLLUSION. By signing this proposal, the undersigned swears, acc(:)r(fing to law oil his/her oath, and under penalty cif'perjury, that, their f,irrn executes this proposal with prices arrived at independently Without COHLISi011, consultation, communication, or agreement for[lie purpose of'restricting cornpetitioll.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 cluoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by tile 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 tile proposer to h'idUcc any other person, partnership or corporation to subrnit, 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. L) EMPLOYMENT OR RETEN'rION OF FORMER('OUNTY OFFICERS OR EM]"LOYEES. By signing this proposal. tile Undersigned warrants that he/she/it has not employed, retained or other\vise had act on his/her/its behalf any fornier(I OLInty off"icer 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 COLHIL),' Code of Ordinances. For breach or violation o!"this provision the, County may, in its discretion, terminate this Agreement vvithout liability and niay also, in its discretion, deduct from the Agreet-nent or purchase price, or otherwise recover, the ftill amount of`any fee,, conirnission, percentage, gift, or consideration paid to [lie f6rnier County, officer or employee pursuant to Subsection 2-1 52(b), Monroe County Code of'Ordinances, V) CODE OF ET"R I S. COLInty agrees that officers and employees of tile County recognize and will be required to, comply, with the standards ot'conduct for public officers ,and employees as delineated in Section 1123 13, Florida Statutes,regarding,but not limited to, solicitation or acceptance (.)I' gift.s:, doing business with one's agency, unauthorized COMpenSatiOn-, I'lliSLIse of' public position, conflicting ernployrnent or contractual relationship; and disclosure Or use of certain int'ormation. Page 6 of'33 4129 W) RRUG-FREE WORKPLACE. By signing this proposal,the undersigned certifies that the Contractor complies fully with,and in accordance with the reqUiretnents of `section 287.0817, Florida Statutes, as follows; 1) It will Publish a statement notifying eniployees that, tile Unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions, that wit] be taken against ernployees for violations ol'such prohibition. 2) It will 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 prograrns, and the penalties that may be imposed Upon employees for drug abuse violati(:)ns. 3) It will give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection I, 4) In the statement specified in subsection 1, notify the employees that, as a condition of*working on the commodities or contractual services that are under bid. the ernpIoyee will abide by the terms of the statement and will notify the employer of' any, conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893, F'lorida Statutes or of any controlled substance law of' the "Jilited States or any state, for a violation occurring in the workplace no later than five (5) days after SUCII conviction. 5) It will impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation prograrn if such is available in the employee's community, for any employee who is so convicted. 6) It will make a good faith efflort to continue to maintain a drug-free workplace through implementation of this section. I ADDITIONAL CONTRACT I'ROt VIS IONS, 1) Nondiscii-imination/Equall Employment Opportunity. 'j"he C, ontractor and County agree that there will be no discrimination against any person,and it is expressly understood that UP011 as determination by a Court ofcorripetent ,jurisdiction chat discritninatriolI has occurred, this Agreement aUtOrnatically terminates without any fi.irther action on the part of any party, effective the(late of Court order. The Contractor agrees to comply with all Federal and I'lorida statutes, and, all local ordinances, as applicable, relating to nondiscrimination, r-['hese include but are not limited to: I) Fitle VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss, 168 1-1683, and 1 685-1( 86�), which prohibits discrimination on the basis of' sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 I. s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as :amended (42 USC ss,. 6101-6107) which prohibits discrimination on the basis ofage, 5) `I,fie fie Drug Abuse Office and 'I'reatment Act of 1972(Pt 92-255),as amended,. Page 7 of33 4130 relating to nondiscrimination oil the basis of drug abuse-, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevctition, 1'reatmentand Rehabilitation Act of' 1970 i (PL 91-61:16)�, as amended, relating to nondiscrimination on the basis ol"alcoliol abuse or alcoholism; 7) The Public Health Service Act. of 1912, ss. 523 and 527 (42 USC ss. 69()dd-3 and 290ec-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8,) Title Vill of the Civil Rights Act of 1c)68 (42 USC s. 3601 et seq.). as amended, relating to nondiscriniination in the sale. rental or financing of h(RISIng: 9) The Americans with Disabilities Act of 1990 (42 USC s. 12 1 Ol Note), as may be amended f1rorn time to time, relating to nondiscrimination oil the basis of disability; 10) Monroe County Code Chapter 14, Article 11, Which prohibits discrimination on the basis ofrace, Mor, sex, religion, national origin, ancestry, sexual orientation, gender ideality or expression, farnilial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to tile parties to, or the Subject rnatter of, this Agreement. DUrilIg tile performance of this Agreement, the Contractor, in accordance with Equal E-mplq,l,menl ()j,)1?orI.uniIIV (30 Fed. Rcg. 12319, 12935, 3 C.F.R. Part, 1964-1965 (11'omp.l p. 339) as amended by Executive Order 11375, Aniending Executive Orcler. 11246 Relwit�qlo EqutilEniplo,14new 0I)j)ortu;,WjI,, arid implementing regulations at 41 C,F.R. ["art 60 (Office of Federal Contract Compliance Programs, F,"qUal Employment Opportunity, Depatirrient of Labor), sKc 2 C,F R. Part 200, Appendix H, 11 C, agrees as follows I 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. Fhe Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, Without regard to their race, color, religion, sex, sexual orientation, gender identity. or national origin. Such action shall include, but not be limited to, the following: Fniploynient, upgrading, demotion, or transfer, recruitment or recruitment advertising-, layoff or termination-, rates, of pay or other farms of cornpensation; anti selection f'or training, including apprenticeship. The Contractor agrees to post in COuSpiCUOLIS places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or oil behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation„ gender identify, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant Cor employment because SLIC11 Page 8 ot'33 4131 employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or appl icant, 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 %%(ho do not otherwise have access to Such inf01-InatiOn. Unless such disclosure is in response to as formal complaint or charge, in furtherance of all investigation, proceeding, hearing, or action, including an imestigation conducted by the employer, or is consistent with the Contractor's legal duty, to fumish information. 4) File (I ontractor 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 offlicer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 ot'ExeCLIfive Order 11246 of September 24, 1965, and shall post copies of file notice in Conspicuous places available to employees and applicants for ernploynient. 5) The Contractor will comply with all provisions of E.`,xecutive Order 11246 of September 24, 1965,and ofthe rules, regulations, and relevant orders of'thc Secretary ot'l,abor. 6) 'I"'he Contractor will Furnish all information and reports required by F'XCCLRiVe Order 11246 of Septeniber 24, 1916,5, and, by the rUICS, regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and ICCOLInts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of' the Contractor's non-compliance with file nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled,, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in F.'xecutive Order 11246 of September 24, 1965. and such othcr sanctions may be imposed and remedies invoked as provided in [XeCLItiVe 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 (I) and the provision of paragraphs,(I) through (8 in every Subcontract or purchase order uniess exempted by rules, Page 9 of 33 4132 regulations. or orders of tile Secretary of Labor issued pursuant to section 204 of' [,`xecutive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcc)ntractor or vendor. The Contractor ontractor will take such action with respect to ally subcontract or purchase order as the administering agency may direct as a rileans of enforcing such provisions, including sanctions fi)r non-cornphance, provided, however, that in tile event a contractor becomes involved in, car is threatened with, litigation with a subcontractor car vendor as a result of Such direction by the administering agency the Contractor ill,ay request the United States to enter into such litigation to protect tile interests of tile IJnited States. Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of set-vice, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Fither of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. C Termination for CaLise and Remedies: In the event of breach ofarly contract terms, the County retains the right to terminate this Agreement. "I'he County may, also tern n i nate this agreement for cause with tile Contractor shOUld tile Contractor fail to perform the covenants herein contained at the tirne and in the manner herein provided. In the event Of SUCII termination, prior to termination, tile County shall provide the Contractor with rive (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred, Ifthe breach is not CUred, the Agreement will be terminated for cause. Ifthe County terminates this agreement with the Contractor, the County shall pay the Contractor the sung due tile Contractor under this agreement prior to terrnination, unless the cost of Completion to tile C I OUFAV exceeds tile Funds remaining in the contract. I lowever, the County reserves the right to assert and seek all offset (or damages caused by tile breach. The maximum amount due to tile 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 Clairris Ordinance, located at Article IX, Section 2-721 et al. ofthe Monroe County Code. D. Termination for Convenience: The County may terminate this Agreement For convenience, at ally time, Upon seven (7) days' notice to the Contractor. If the County terminates this agreement with tile Contractor, the COLlilly shall pay the Contractor tile SUM due the ContractcMr Linder this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in tile contract. The maxi I'll Li I'll alTIOUnt due to the Contractor shall not exceed the spending cap in this Agreement. In addition,tile County reserves all rights available to recoup Z:� inonies paid under this Agreement, including the right to sue for breach of contract Page 10 of'33 4133 and including, tile right to pursue a claim for violation of the COUnty'S, False Claims Ordinance, located at Article IX, Section 2-72 1 et al. of the Monroe County Code. E. SCrUtnlJZCd Companies: I'o r Contracts of any, amount, if the County deten-nines that the Contractor/Consultant has Submitted a false cerfificatiOn UndeSection?87,1150), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in as boycott of Israel, the County shall have the option of I ) terminating the Agreement after it has given tile Contractor/Consultant kvritten notice and an opportunity to derrionstrate the agency's determination of false certificatic)n was in error pursuant to Subsection 287.1 35(5)(a), Florida Statutes, or, (2) maintaining the Agreenient if tile conditions of Subsection 287.135(4), Florida Statutes, are met. 111) Maintenance of Records. The Contractor shall maintain alll books, records, and dOCUMents directly pertinent to perf'orrrianCC Under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained fear a period of seven(7)years from the termination of this agreement or in accordance with the State of Florida retention schedules (littps://d(:)s.fl.gov/library-ait-cliives/i°ecoi-ds-iiianagei-nerit/geiieral- records-schedUles/), %Ndiichever is greater. Each party to this Agreement or its aLIthorized representatives shall have reasonable and tiniely access to such records of each other party to this Agreement liar public records purposes during the term of the Atr, Agreement and for the applicable retention period following the termination of this Agreement. IV) Ridit to Audit. Avadabilit,v o 'Records, The records of the parties to this Agreernent relating to the Protect, which shall include but not be limited to acCOUnting records(hard copy,as well as Computer readable data if it call be made avadable; subcontract files (including proposals of successful and u n success fill bidders, bid recaps, bidding instrUCtiOnS, bidders list, etc.):; original estimates; estimating work sheets, correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting dOCUrneritation- general ledger entries, detailing cash and trade diSCOUMS 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 ("'orriptroller(hereinafter referred to as COLlflty Clerk") to substantiate charges related to this agreement,, and all other agreements. Sources of information and matters that may in Owners or the County Clerk's reasonable 'judgment have any hearing on or pertain to any triatters, rights, duties,, or obligations Under or covered by any contract document (all l'oregoing hereinafter referred to as *'Records") shall be open to inspection and sub'ject to audit arid/or reproduction by tile Owner's representative and/or agents of the Owner or the County Clerk. The 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 cornputations, overhead Page 11 of 33 4134 cornputations, observing vendor and supplier payments, miscellaneous allocations, special charges, verif`ying inforrnation and amounts through interviews and written confirmations With CITIP10yeCS, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The COLinty Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. ject. If any auditor M employed by onroe C aunty Or County Cnty Clerk determines that, nionies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or Nxere wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55,03, Florida Statutes, running frorn the date the monies were paid to Contractor. The r�,gh.i to mwfii provisions survive the termination or expiration ofthis Agreement. V) Pavment of Fees / Invoices. The County shall pay Pursuant to Section 218.70, Florida Statutes (Horida Local Government Prompt, payment Act), upon receipt of a Proper Invoice frorn the Contractor. Payments due and unpaid Linder the Contract shall beat- interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to Submit to the COUnty invoices with supporting documentation that are acceptable to the County Clerk.lerk. Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. Invoices shall lie submitted to Monroe County Facilities Maintenance Department, Attention: Chrissy Collins via email at co 11,ins-ch rissy(4 m on roecou n ty-fl.gov. "HIC County is exempt frorni sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and tile Work has been accepted by the County, VI) Public Records Compliance. Vhe Contractor Must comply With Florida public records laws, including but not limited to Chapter 119, 11orida Statutes and Article 1, Section 24,of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection 01" all documents, records, papers, fetters (:)r 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 con"jUnCtiOn with this contract and related to contract. perflorniance, The C(:)Llnty 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 Page t2 ol'33 4135 material breach ofthis contract and the County tnay enforce the terms ofthis provision in the ft)rrn of a Court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This provision shall Survive ally termination or expiration ofthe 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 11 9� 07C11, Florida Statutes, and the terms and conditions of' this contract, the Contractor 'ontractor is required to: (I) Keep and maintain public records that would be required by the County to perforrn the service. (2) Upon request from the County's custodian, ofrecords, provide the County with a copy ref the requested records or allow the records to be inspected or copied within a reasonable time at a cost that (toes not exceed the cost provided in this chapter or as otherwise provided by law, (3) Ensure that public records that are exempt or conridential and exempt froni public records disclosure requirements are not disclosed except as authorised by law for the duration ol'the contract terra and following cornpletion ofthe contract if the contractor does not transfer the records to the (ounty, (4) L.1pon completion of' the contract, transfer, at no cost, to the County all public records in possession ofthe Contractor or keep and maintain public records that would be required by tile County to perfOrin the service. If the (-'ontractor transfers all public records to tile County UP011 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 tile contract, t1rie Colritractor shall meet all applicable requirements for retaining public records. All records stored electronically rnUst be provided to the COLUILY, upon request frorn the CoUnty'S Custodian or records, in a format that is compatible with the information technology systems ofthe County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but ifthe County does not possess the requested records, tile County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time.. If the Contractor does not cornply with the County's request for records, the COUnt)/ 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 f1tils to provide tile public records to the County or pursuant to a valid public records request within a reasonable time May be subject to penalties under Section 11 9�1 O, 1,lorida 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. Page 13 of 33 4136 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 (. FFICE, It 11 12""' ST., SUITE 408, KEY WEST, FL 33040, (305) 292-3470. V11) E_Verify System. Beginning January 1, 202 , in accordance with Section 448,Cf95, Florida Statutes, as may be amended from tinge to time, the Contractor and any subcontractor shal I register with and shall utilize the U.S. Department cat. I lorneland Security's EI-Verify system to verify the work authorization status ofall 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 Uti1iZC the U.S. Department of Homeland Sccurity's E-Verify system to verify the work authorization status ofall new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide air affidavit stating that the Subcontractor does not employ,contract with, or subcontract with an unauthorized alien, The Contractor shall con,iply with and be subject to the provisions of'Section, 448.0195, Ilorida Statutes. Pursuant to Section 448.095: 1. "A public agency, Bidder, or subcontractor who has a good faith belief that a person or an, entity with which it is contracting has kno,&intly violated Subsection 448.0191(1) shall terminate the contract with the person or entity. 2. A public agency that has a good faith belie 'that a subcontractor knowingly violated this subsection, but. the Bidder otherwise complied with this subsection, shfli promptly notify the Bidder and order the Bidder to immediately terminate tile contract with tile Subcontractor. 3, A contract terminated under this paragraph is not a breach of contract; and may not be considered as such. 11' a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least I year after tire date oil which tire contract was terminated, A Bidder is liable for any additional costs incurred, by as public agency as a result ofthe termination ofa contract." Vill) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by Courier with proof of delivery. Notice is deemed received by the Contractor when [land delivered by national courier with proof' (if delivery or by U.S. Mail upon verified receipt Or upon the date of refusal or non-acceptance ofdclivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the 1`61lowing persons: Page 14 of"33 4137 r,� . For C ontractoir� 3 ........................... ............ For Owner. facilities Maintenance Departaient Attention: Chrissy, Collins 123 Overseas Highway Rockland Key, Florida 33040 And Monroe COLInty Attorneys Office I I l 1 12'�' Street Suite 408 Key West, 1"loricla 3304C) IX) Uncontrollable Circumstance. Am, delay or CailUre, Of' either Party tra l_)erloVin its ObligritiCHIS Under this Agreernerit "ill be eXCLIsed tra the extent that the delay or fiailure Was CRised directly bNII arl event beyond such Partv's control, withOLIt such Part\,'s Jault or negligci-ice and that, b\, ils nature COUld not have been loreseen b SUCII Party 01', it. it COUld have been foreseen, kkaS Unavoidable: (a) acts of'(.iod- (b) flood, fire, earthquake, expk)sion, tropical stort'n. hurricane or other dMared eniergency in the geographic area of the Project, (c) �o� ar, L� LI invasion, hostilities (,.vhether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area ol'the Protect; (d) governnient order or km in the geographic area ol'the Pro.ject, (c) actions, ernbargocs, or blockades in eflect on or after the data:. ol'this Agreement- (1) action by any governmental authority prohibiting work in the geographic area of'the Pro.ject:(each, a "'Uncontrollable C,ircurnstance"). The C'mitractor's I-mancial inability to perform, changes in cost or availability of materials, components, or set-vices, niarket condifi(mis, Or. SUpplier actions or contract disputes w1l not CXCLISC perCormance 1.)y Contractor Linder this, Section, I'lle Contractor shall give the Count) ovritten notice within, seven (7) days of'any event Or Cii'CLInistance that is reasonably likely to result in ali Uncontrollable Circunistatice, or as soon as possihIc after such Uncontrol]able Circumstance has occurred if' reasonably anticipated. and (lie anticipated duration of such Uncontroll[able Cil-CLI111stance, I he Contractor shall Use all dilioent,efforts to end the L.hicontrollable ircurnstance, CIISUre that t1rie cf'ti�cts of" any L,JncontroHable CirCURISLUICC are nimmit/,ed and NSUMe Full pertorniance under this Agreenient. "]'Ile COUMV \,kill not pay additionaG cost as a resUlt of'an Uncontrol]able OrUmistance, The Contractor- may onf), seek a no cost, Changle Order or Amendment Cor SLICh reasonable fime as the Owner's Representative rnay dewri-nine. Page 15 cal'; 3 4138 X) Adjudication of Disputes or Disagreements. The COUuty and Con tractor agree that all disputes and disagreements shall be attempted to be resolved by meet and coni'er, sessions between representatives of each of' the parties. Ifthe issue or iSSUes are still not resolved to the satisfaction ol'the parties.then any party shall have the right to seek such relict'or remedy as may be provided by this Agreement o,r by F[orida law 'I"his Agreement is not subliect to arbitrartioll. "]"his provision does not negate or waive the provisi(,,)ns of'Section. 1. Nondiscrimination. or Section II, concerning Termination or cancellation. Page .16 cal', 3 4139 PROPOSAL FORM PROPOSAL 'I"O: Monroe County Facilities Maintenance 123 Overseas 1-fighway Key West, Florida 33041") PROPOSAL FRONI: Pedro FaIcon! Contractors, Inc, 31160 Ave C Bjg_.Pin:e Ke FL 33043 ['he undersigned, having caref'utly examined the Work and retlerence Drawings, Specifications, Proposal, and Addenda thereto anti other (.'ontract Documents for the construction rwf DESIGN AND BUILD HANDICAP ACCESS RAMP, OLD PLANTATION KEY COURTHOUSE, 88800 OVERSEAS HIGHWAY, 33070 and having carefully exarnined the site where tare Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and hawing familiarized h ini self'\&ith material availability, Federal, State, and Local laws,ordinances, rules and regulations al'tecting performance oNhe 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 worknian-like rtianner, in confbrrnance with said Drawings, Specifications, and other Contract Docurnents including Addenda issued thereto, The undersigned further certifies that he/she has personally inspected the actual location of' where the Work is to be perfort-ned, together will'i the local sources of'supply and that lie/she understands the conditions Urider which the Work is to be performed. The proposer shal:1 assurne the risk of any and all costs and delays arising front the existence of any SUbSUrf'aCe or other latent physical condition which could be reasonably anticipated by reference to dOeUrneruar)l information provided and made available, and frorn inspection and examination of the site. The undersigned agrees to commence performarice of' this Project within Ten (10) calendar (Jays after the date Of issuance tO the Undersigned by Owner ot"the Notice to Proceed/Purchase Order/Task Order. Once cornmenced, the undersigned shall diligently continue performance 1-111til completion of the Project. 'I he undersigned shall accornplish Final Completion of'the Project within Thirty (30)days, thereafter, unless an extension of time is granted by the County. Page 1,7 of'33 4140 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. Thirty-five Thousand Three Hundred Ninety-five Dollars and Zero Cents Dollars, (Total Base Proposal'- words) $ 35,395.00 Dollars, (Total Base Proposal ---numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No,(s) or None No. Dated— o. Dated Page 18 of'33 4141 III addift'h"'m. staw that he'�he has pro%,ided or wwiH prc)vi& tile COUWA, a1011Q with thli Proposal, a cerif5ed cory of 'ontrao,.)r's I Jcense, Monroe C'ounvy kix Rec ea pat, and Cer6flcaw of'Insurance show'inlg the rnlnium,m'i insurance requirements fbir this dIrqiec". ENecution b I +t the Contractor in ust be by a person with authority to bind the enti(N. B i dAraira LhrS agreement beknv., the Contractor has read and accepts the terms and conditioni sew� fbrth b.�, the Monroe Count% (',';enerad Requirements fi)ir ConitrU6011 t'(WM3 at the hnk on the kl o r i n,,e County web page: litt 0 Mo III rocco un,tyx�'v tent L&,S.Q0M)B ids,as nx?C ati I)=d 8, AND accepts ado ol'the ternis and conRions and all Fr xferaI required contract pr(,wislons herein, IN WITNF"'SS WHF'REOF, the parties havt: caused tfil�a Agreernent to be exMlted 11y their duk authorized representatives, as fbflows: Contractor: Pedro Fad on Contractors,, Inc Vfw' inn Address., 31160 Ave C Big Rne Key, Flodda 33043 Phone NUmi'Ier: 305-872-2200 59-25502311: ............... cb@pedrofaic can.corn 03 2125 Date.- Si2lle& _Fitly Contractor's Witness signature- W i t i r ess n arn e -Ke n-Pyg-1 ef Date 013,21,25 The ("ountv accepts the above pi-oposal: MONROE COUNTY, FLORIDA fiat ...................... ........................ H Cr UrItV Adrninistrau.)r or Desiorwe Na COUNTY AY'MPRNEY�_OFMC APPROVF0 AS TO FORM flu ge 19 of 33 4142 NON-COLLUSION! AFFIDAVIT i,Christian frisson of the City of Big Pine Key according to law on m on my oath, and under penalty of perjury, depose and say that: a. I am of the firm of Pedro Falcon Contractors, Inc. the bidder making the Proposal for the project described in the Request for Proposals for. Design/Build!, IHaindicap Access Ramp, Old Plantation Key Courthouse andl that I executed thie said proposal with full authority to do so; b, The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to Such prices with any other bidder or with, any competitor, and c Unless otherwise required by law, the prices which have been quoted in this bid' have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor" and d. No attempt has been made or will be made by the budder to induce any other person, partnership or corporation to submit, or nolt to submit, a bid for the purpose of restricting competitionx and e. The statements contained in this, affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 03,2111,25 (Sig—nature-6f-Proposer) ((Date) STATE OF: :ROV-1 C�*4 COUNTY OF: NQNJ206 Subscribed and sworn to (or affirmed) before me, by, means of Vphysical presence or r F] online notarization, on !4 1 [gDP=5_ (date) by ST104Na (name of affiant), ode/She jg_p2Lsonall to me or has produced (type of identification) as identification. NOTARY PUBLIC 8,1025 kH 2%439 My commission expires, ks 191-6;�E ","LS " f 0 TO of'33 4143 LOBBYING AND CONFLICT' OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ad PedcQ EW00, ontractQrs. Inc. W1 (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretioln, deduct from the Agreement or purchase price, or otherwise recover, the full amounit of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature), Date,, 03.21.25 STATE OF: YjQe-tQ6 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of Wphysical presence or 0 online notarization, on E5k;;4L10G6— 20 ' (date) by ,gemona4 kagAa-tq me (name of a!ffiant), .te/Shej- or has produced as identification, (Typ'e of identification) NOTARY PUBLIC F E My commission expires. tj&)%JQCJ�o� -1.,%io S C kept HH (P% Page 21 of 33, 4144 DRUG-FREE WORKPLACE FORM Vhc underii(tned vendor in accordance "Rh Fhwhia �tatutc. Sec 297AS7 hereby Qertifies th,,,w P'edro Fa➢con Contractors, Inc, ('"anne of Bushless) 1, Publish a statement notit'ying employees thou the unla"Rd manuf4clury dkt%kon. Xp ening. posession. or use of a convolved substance is p%ibiwd in the "arkpalace and specif ing the actions that WH he Wken against employees Ar violatbris oC such PRAVIon, I -��'o rm c -)ut the dmgers ordmg abne hi Ne mark oace, the buskess's poQ t errtplo�ee� abt or maktaining a Cfillg-frce %orkp6c, any a%afrabk drug counselln, rehabilkatiorn and ernployee assistance pmgrarns. and the penahks that n1jay, be k,upon e rat pl(ay ces f)[- drug abuse vilkons, 3� (,live each employee engaged in provilng Om conmodVies or convactual services that are un&r bid as copy of the staternent spceified in subsection ( I ). 4, In the staternew specified in subsection (I.). notiQ the ernplolves that, as a cmidkion of vwr-Uig on the corrunodities or convamal services Out we un&r bU, the empkqee wHI abWe by We tunas of We stammem and "M nodt the employer of any convicdon M! or pka of guilty or nWo comendere to, any %Wation ofChapter 893 (Florida, Stanutest or, of an, convoHed subsWnce kn% of the LVAed States or nanny state, fc)r a violatiort occurrmg In the Y"YkpWce naea later than rive (5) days after SUCh conv iction. 5, Imposes a sanction on or mquire be sadshctory partidpkon in a c1rug abuse animce or rehabilhaOon program il'SLICh is available in the ernployee's wrnrnubty, Aran), employee No is so convOtod. 6. MAke a good faith efron to cominus to maintain as drug-free %'orkplace through implementation offlus section, As the person aUthorized to Agn the staternem I certip, that this firm comp hes fully Nvifli the aNne mfurements. PnVoser's Qnmme 012125 Date STATF X: T:LO QA ------- COUNITY, OF: '_H Subscribed and s"cwn to (or athnned) bebwe nin hy, means of physical presence or El onke notarization, on La (date) by .............. (nannec'd'a('fiarn)' or has produced (type cNf idert'�Hlc ti ntification. I Ica 11)" 1 CI ................................___.__........... F ER,,k N OTA R Y P UB I-,I C 0, (SEQ Q cow, x ja toy Commission Fxpiresa __11 ?V M" t he H Page 22 of 33 4145 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of read property to a public entity, may not be awarded or perform work as a contractor, suppher, subcontractor, or consultant under a contract wuth any public entity, and may not transact business wiith any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months, from the date of being placed on the convicted vendor list." I have read the above and state that neither Pedro Falcon Contractors Inc, (Respondent's, name) nor any Affiliate has-, been plan prMe-oonvicted vendor list within the last tNrty-six (36), months, (Skynature) Date: 03.21,25 STATE OF: TtOV_440 COUNTY OF,- Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or Ej online notarization, on the w b+day of_tjq 201. (date), by , CA :, (name of affiant). He/She or has produced 'id (type of identification) as NOTARY PUBLIC My Commission Expires. u _ 'j wn tit 1010910101, Page 23 of 33 4146 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Desoription(s). Design/Build Handicap Access Ramp, Old Plantation Courthouse Respondent Vendor Name Pedro Falcon! Contractors, Inc. Vendor 1 592550231 Vendor's Authorized Representative Name and ride C hiristian Brisson I as President Address: 31160 Ave C City — B"ici Pline Key State� Rorida Zip _�3043 Phone Number 305-872-2200 Eirnao Address Cp_&edrofa Icon,corni 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 i of Israel Section 287.1135, Florida Statutes, aVso prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services oaf $1,000,000 ci� more, that are on, either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lasts which were created pursuant to s, 215 473, Fioriida Statutes, or is engaged m 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 Comi that Boycott Israel List or engaged in a boycott of lisraep 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 2,87 '135, Florida Statutes,the subrriission of'a false certification may SUb*,t the 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 Coinrpanies that Boycott Israel List or engaged in a boycott of dsrael or placed on the Scrutinized Companies with Activitie un Sudan List or the Scrutinized Companies with Activiities,in the Iran Terrorism Sector List or been engaged in business operations in Cuba or Syria Vendor has reviewed Section 287 1351, Florida Statutes, and in accordance wqh such provision of Florida law, is eligible to bid on, Submit a proposal for or, enter into or renew, a contract with Monroe County for goods or services. Certified By: Christian Brisson who is authorized to sign on behailf of the above reference an Authorjzed &gnature: , Print Name: Christian Bn ni Title —as President, Note The List are available at the foIlolwing Department of Management Services Site, n14!?[ su r1fo qqpn/ in, ied �_L cc Oct ended d�s1crimtnga tore 2qMp,�gm1s veridor lists P"Irge 24 oi 4147 AFFIDAVIT AT FES FI NG. TO N(1)N('()E R(J V E, N D 1,'(-T FOR LABOR OR SERVICES Pedro Fad on Contractors, Inc, Vendor FFJN': "59-2550231 Christ�an Brisson, as President V�mdor's Authorized Represeruah%,�2' Name arnad I ide) Addros " 3�'116O Ave C City : Ju e SWN'� Florida y /Jp' w33043 I'llone Number: ElniaH As a non-governrnenta entIty executino, nmewlng, or exteriding a �;ontract with a government entit.y, Vendor is required lo prov Ide an aff`idav It under penalty of perjUry' attestir)" that Vendor n does not use coercdcui for labur mr services in accordance w ith Seeti()n 787,06, Florida StatUtes. As defined in S cu'on 787,06(2)(a), cc�ercicqi means, lJsing or direateni'ng to use pliysical force against any person, Restraining, is(-flating, cyr conflinine, or threating to restraira, isolate, or confine any person without ljwtLd authority and against Iier or [iis vvil 1, a. or other credit. methods to establish a debt lay any person when labor or ll�sing lending services are pledged as a security 1*or the debt, i!f the value ofthe labor or services as reasonahly assessed is ncat appHed toward the lIquidation of fl)e debt, th length and nature ofthe labor or service are not respectively limited and defined; 4, Destro ingt�, cccncealin m g,,,;, reovin cc)nfiscating, nor posscss (y�n any actUal Z7 Z� or purported passport, visa, or other Immigration &)cunient, or any other actuzfl or purported governnient identificatfun doQunient, ofany person, Gausing or threatening to cause, financi,,,tl harm tcb army person, 6. Enticing or luring any person by 1raud or deceit; or 7'. Providin�, a controlled substanCC k1S Outlined in Schedule I or Schedule ll of Section 893 0 I to any person f6r the purpose of exploitation ol'that person. As as person authorizied to ash on behalf ofVendor, I certif'y MICICT penalties Of perjUry that Vendor dOeS FK)t Use COCrCiotl for labor or sere ices in acccirdance vN ith Section 787.06,Additionally, Vendor has rev iewved Sec6on 787.06, Horida Statutes. and agnxs to abide b same, by Christian Bdsson vk 110 i S .............. ...... ------- author�zed tt,� Sj"[j C)rri behaii'lc���'t�lleAb --�vt'Creticed cornpan , Audic,wized Sig C: ell�r-,4 I Print Name: Christian-blisson Tifle: as President —------.............— ........................... Page 25 uf'33 4148 LOCAL PREFERENCE FORM A. Vendors claiming a locall preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this,form. Name of Bidder/Responder P ro Falcon Contractors, Inc. Date, 03.21.25 1 Does the vendor have a valid receipt for the busmess tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? YeS (Please furnish copy ) 2. Does the vendor have a physical business address located within Mon—roe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to (Monroe County?_Yg$_ (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1) year prior to the notice of request for bid or proposal List Address- 31160 Ave Q Bia Pine Kev, FL 33043 Telephone Number _3Q5_,a72_22no B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local buslnesses meeting the criteria above as to licensing and location? No If yes, please provide� 1'. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1) year prior to the notice or request for bid or proposal, 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1) year prior to the notice of request for bids or proposals) Telephone N umber 305-872-2200 Address 31160 8-y—e-C-B-IC—Pthe 33043 Print Name: Qhristian Brisson-asL.President Signature and Title ofAwtr W- ed §1 n for Bidden'Resipond STATE OF, COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means of physical presence or 0 online notarizatlon, on aaal rac;G- (date) by �n kf!O�Ast;�k 9&z&US11 (name of affiart), te/She Is personally known to me or has produced (type of identification) as identification ER NOTARY PUBLIC T :Y (SEAL) 1 MY COMM EVjr My commission explres,: Nove(nber&2025 No HH 2004iq Ft,�j Page 26 of 33 4149 INSURANCE REQUIREMENTS AND FORMS MONROE ("OUNTY, FLORIDA RISK MANAGE-NIEN'r Pot,ICY AND IROCEDuRES General Insurance Requirements For Other Contractors, Subcontractors and Professional Servi�ces As as pre-requisite of the ",ork arid services go,vertied., or the gc)ods supplied under this, conlract Oricluding tlic pre-staging ot' personnel and material), glee Contractor shall obtain,, at his/her ovVil expense, insurance as specified in any attached schedules, which are made part of this coiltract. The Contractor\,0111 ensure that the insurance obtained \kill extend protection to all Subcontractors engaged by the Contractor. Mternatively, the Contractor may require all Subcontractors ((,) obtain insurance consistent with the attached schediiies. Hie (.'ontractor \kill not be permiuccl to commence work governed by this contract (including pre- staging of' personnel and material) until safisfactor,, evidence of' the required insurance has been furnished to the County as specified below. Delay's in the cornmenceirient of work, resulting fi-cmi tile failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specilied in this contract and any Penalties and failure to perform assessments shall be iniposed as if the work coinnienced oil the specified date and time, except for the Con tractor's f"IdUre, to provide satisfactory evidence, The ('ontractor shall maintain the rcqUired insurance throughout the entire terns of(his contract and any extensions specified in the attached SChedUles, hIdUre to comply with this provision may result in the ininie(hate suspension of all work until (tic required insurance has been reinstated or replaced. Delays in the completion of'work resulting froin the failure of the Contractor to maintain file required HISUrance shall not eXACIld deadinics specified in this contract and any penalties and failure to perform assessments shall be imposed as iftlic work had not been suspended,except for the ontractor's failure to maintain the required it"ISUrance, The Contractor %kill be lield responsible for all deductibles and self-insured retentions that may, be comaincd in the Cmitractor's Insurance policies. The Contractor sliall provide, to the County, as satisfactory evidence of the required insurance, cither: • Certificate of"Insurancc or • A Certified copy ofthe actual insurance policy. File COUnty, at its sole option, has the right to reqUCSt a cerlified copy ofaily or all Insurance policies reLl Wred by this contract. All insurance polici�es must specify- that they are neat subject to cancellation, note-renewal, material cliange, or redUCtiOn in coverage unless a iiiinimuni of thirty 00)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be consinrled as relieving the Contractor from anv liability or obligation assumed under this contract or imposed by law. Page 27 of'33 4150 The Momoe May Boani or Couny Comminknery its empk)),ees and officials. at 1100 Simonton Street, Key West, Florida 33041 will be imcluded as "Addition al InAlred" on aH policies, except for Workers' Compensation. Any deviations fro these General Insurance Requirements must be requested in writing oil the County pmpawd Fonn entitled -11equest for Waiver of Insurance Requirements" and approved by Monme County Risk Management Departitient. Page 28 of 33 4151 PROPOSER'S INY-JRANCE AND INDEMNIFICATION STATEMENT INSUIRAN( F RFQHRF-'MFNTS Workers C lonipensation Statutory Limits ,rriploycrs Liability $100,0001500,0005 100,000 Bodily Injury by Accident/13odily lrljUry by Disease, policy liniits/Bodily InJury by Disease each employee Gcneral Liability $200,000 per Person $300,000 per Occurrence $200,,000 Property Damage 01' $300,000 Conibined Single Lirnit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per'OCCUrrence $200,000 Property Dartiage or $300,000 Combined Single Limit Builders Risk Nor Required Construction Bond Not Required The Monroe County Board OfT01111ty'Cornmissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability arid Vehicle policies. INDEMNIFICATION, HOLD HARMLESS,AND Df EFENSE. Notwithstanding any minirnum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, inderrinil'y arid hold the COLInt\ I / arid the, aunty's elected arid appointed ol"I"iceis,and employees harmless Crom 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 I)LISiness interruption, and (iii)any costs car expenses that may he asserted against, initiated vvith respect to, or SLIstained by, atly 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, (13) the negligence or recklessness, intentional wrongful iniscondUCt, en-ors or other vvrongfiil act or ornission of Contractor or ally of its erriployecs, agents, SUb-contractors or other invitees, or (C) Contractor's default in respect otany ol'the obligations that it undertakes Linder the terrors of this Agreement, except to the extent the claims. actions, CaLISCS, of' action, litigation, proceedings, costs or expenses arise from the intentional or stale negligent acts or omissions of' the County or any cat` i'ts employees, ag)clits, contractors or invitees (o C(rather than ontractor). T limitation monetary itation of liability Under this Page 29 or33 4152 cuntractshaH he cqual to the;a Char- alue of'theconirw and not lCSS than Sl nWhon perOCCW'TenICe pursuant to Section 725.016 Florida SlAtUtes. HIC ht-nits of liability shall be as set forth in the insuraIrlCe -equirenients included in Para,oraph 3,Q, hercin,, hisofir ais the clairns, actions, ca.Uses ol,action, hLig �11, proceedill- ,OS COSIS OT, expemses ndate tro e�ents or g a t i o that OCCM du6n,c, the term of this A-reCrllent- this Se0iWI will SUrw 4e the expiration of t1le term cal" this Agreement or arv, earlier termination ofthis A-reement. In the event that the colllple tion of' the project ject (lo inc4idc the work oC inthers) �s delayed or suspended. as a reSUIt, Of tile, (..'ontracu,)r's lailure to PWrCIIBe or maintadn the required insurance, the ("'ontractor shall inderrinify the County, 1rorn any and wrap increased expenses reSUIIITI,�,' from SUCII delay. ShoLdd any clairns be asserted agahi i the C"OLInty by v rtLIL of any, deficlency or aniNguity in the plans and specifications provided by the( ontractor, the Contractor agrees and warrants that the Contractior shaH hold the County harmless and shall indemnify it from all IOSSCS OCCUrring, thereby and shall further defend any clalm or actlon on the CoUlItV's behalf, The extent ic:rf hability k in no way lin,i4ed to, redUCC-d, Or- lQs,'SenQd by the, insurance requirements contained elsc%khere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be rnandatory if aavvarded the contract and will comply in full with all ofthe requirements herein. I f`ully accept the indemnification and hold harHess and duly t() detend as set out in this proposal. Pedro Falcon Contractors, Inc. PROPOSER Signature Christian Brlsson, as President Page 30 of'33 4153 INSURANCE AGENT'S STATEMENT II have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability No Deductible Employers, Liability No Deductible Automobile Li,abiliity Comp/Collision: $1,000 Liability, policies are X Occurrence Claim-, Mai e Bowen, Miclette & Britt Insurance Agency Insurance Agency S gnati,,Ze Paoe 31 of'33 4154 NION140E COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS 11 i,,,, requested that file 41SLlrance requirenielits, as specified ki the COUnty's SchedUIC OfIrisurance Requirements, be waived or modified oil tirle followirig contract, Contractor,/Vendor. ---------------------- l"roject or Service:� ........................ Contractor/Vendor Address& Phow .................. .................... (jeneral Scope of'Work: .......................... ....................... ............ ---------- ..................... ............... ...............------------------------ Reason for Waiver or Modification: .............. ...................... ............. policies Waiver or Modification wiH apply to-I .................................... .................... . .............................. ------- Signature ofContractor/Vettdor: ............ .......... Date: Approved Not /\f)proVeCI Risk Management Signature: Date: County Adniinistrator appeal: Approved: Not Approved: Date� Board of County Commissioners' appeal: Approve& Not Approve& M ec,ti ng Data,: ..................... -------- Page,32 of 3,3 4155 0 TE M E CERTIFICATE O DA F PROPERTY INSURANCE M 10I/3012024=/YYYYI 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 AMENID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURIER(S), AUTHORIZED REPRESENTATWE OR PRODUCER,AND,THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: MjcheUle Rushing Bowein, Miclette& Brift of Florlda, LLC PHONE 407lr647.1616 FAX 407-62B.1635 850 Concourse Parkway S INC,Nio,W); (ApC,NeI. S E-MAuite#105 ADDILp,ESS: rnrushing@tIrribmic coo Maitland IFL 32751 PRODUCER PEDROFAi CO CL15TOMERlD� INSUREIRtS)AFFORDING COVERAGE NAC 9 INSURED INSURER A, Ame6sure Mutual Inswaince Company 23396 Pedro Falcon ElectricaI Contractors Inc INSURER 8 31160 Avenue C Big Pine Key FL 33043-45161 INSURER C INSURER D: lN!SUREA E:: INSURER F: COVERAGES CERTIFICATE NUMBER: 97538799 REVISION NUMBEW LOCATION OF PREMISES I DESCRIPTION OF PROPERTY lAttach ACORD 101,Additional Remarks Schedule,ff mom space is required) .......... ........................ THIS IS TO LIE R TiFY FHAT T r HE POLICIES OF INSURANCE LISTED BELOW HAVE IBEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDlC'ATED NOTWITHSTANDING ANY REQUIREMENT, TERM Chi R CONIDJ10N OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO MW IICH THIS CERT IFICA1 E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE--ROLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC L.USIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INiSR TYPE Of INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION COVERED PROPER TY LIMITS LTR DATE(IMW=YYYY( DATE(MMIDDrYYYYt PROPERTY $ CA I S I F I,0S 5 DEfril CTIBLES PERSONAL PROPEWY BASIC &JILDrjG ISK 31,&NESS I NCOME BRC)AD CONTENTS EXI RA EXPENSE 5. SPECIA1 fly RENI-AL VALuE S EAR 7r HQJAKE 1G 30 24 BLANKE I BLJILD�NG A111,L) D�A - AL,kNKE T PERS PROP' F LCK)D WI BLANKE�BLDC, PP X INLAND MARINE 1"FIE OF POLICY X Jotsate s575,000 CALI'SES,OF LOS',`, Installabon Raaref Xr Lee $575,000, ........... NAMED PEFIR,S POUCY NUMBER X storage Loc S 100,000 A IM20929441002 11 Q 2024 1 1,Z2025 X 'transit CRIME 5 I PPE OF POLICY 5 ROILER&MACHINERY EQUIPMENT BREAKDOWN SPECIAL CONDITIONS d OTHER COVERAGES (ACORD 101,Addluorucl Remarks Sthedula,may be attached 4 I space is required) Monroe County Board:of County Commissioners is Included as Additional IfISUred& Loss Payee with respect to the property descrIbed herein L- CERTIFICATE HOLDER CANCELLATION SHOLA-D ANY OF THE ABOVE DESCRlBED POLICIES BE CAN('.ELLED BEFORE V FIE EXPQATION DAM THIEREDF,NOTICE WILL BE DEII IVERED NAC'CORDANCE WIrt'l riff POLICY PROVISIONS Monroe Courtly Board Of County Comirisstoneirs 1100 SinTonton Street SUlte 2-213 AUTHORIZED REPRESENTATIVE Key West FL 3 3040 1995-2015 ACORD CORPORATION. A1111 rights reserved. ACORD 24(20,16/03) The ACORD naime and logo are iregistered marks of ACORD 4156 POLICY NUMBER: COMM ERCIAL INLAND MARINE THIS ENDORSIEMENT'A END S YOUR POLICY, PLEASE READ THIS CAREFULLY. All Other"Terms"and Conditions Remain Unchanged, INSTALLATION FLOATER -" SPECIFICALLY DESIGNATED ADDITIONAL NAMED INSUREDS COVERAGE ENDORSEMENT Named Insured Pedro Falcon Electrical Contractors linc, Effective Date 11/2/2024 The coverage afforded through this endorsement is effective on the data stated above at 12:01 A.M,Standard Time, unless otherwise amended by endorsement attached to the policy.This endorsemient is subject to the"terms",conditions and exclusions of the"InstMiation Floater"Coverage Form and is a part of the Coverage Form to which it is attached, This endorsement modifies the following forms:. INSTALLATION FLOATER COVERAGE FORM The following specifically named individuals or entities are designated as additional named insureds under this coverage form, If specific,jobsites are Misted in the Jobsite column next to their namo(s),then the designee is only considered an additional named insured specifically for those jobsites. If no jobsites are listed in the$cedfic Jobsites,column,then the designee is considered an additional named insured for all jobsites covered under tNs coverage form, Dq,Aiq-nAW_0—ji�d,d Monroe County Board of County Commissioners 11100 Simonton St. Key West,FL 0 Piroject/Locabom Florida Keys Marathon International Airport- Security Site Lighting Rehabilitation Project 94010 Overseas Hghway, Marathon, FL 33050 IM 99 23 10 15, 4157 a It R MMICION YYY I AC"R" CERTIFICATE OF LIABILITY INSURANCE 10/3012024, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONI 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 cerIfficato holdeir Is an ADDITIONAL INSURED, the poficy(iies) must be endorsed. If SLIBROGATION IS WAIVED, subject to the terms and conditions of the 1policy,certain policies may require an endorsement. A Statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsernents), -CONyX T rl--"'--"---'--1 PRODUCER NAME:: Michelle RLISITing Bowen, Milclette& Britt of Florida, LLC PHONE FAX 850 Concourse Parkway S IXC,,No 11 (407)647 IAIC N.I:(407)628 1635 E,MAIL Suiite#:105 AUDRESS� T1rUSlTng@bn'ibier,Com MaItLand FL 32751 INSURERIS)AFFORDING COVERAGE NAIL 0 INSURER A i ArneIisure MUtuai inswance Corripiny 23396 NSURED PEDROFAd,CO INSURER 8 Jan"ies River insurance Co 12604 Pedro Falcon Electrical Contractors, Inc 31160 Avenue C INSURER C Bq Pine Key FL 330A3, 4516 INSURER 0 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: '1394395881 REVISION NUMBER: I HIS iS TO CERTIFY THAT THE POLI(,IES OF INSURANCE I ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRAcr OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE: ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER!",IN IS SUBJECT TO ALL rHE 'TEAT S, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSIR TYPE OF INSURANCE POLICY NUMBER IM PbLICY EFF POLICY EXP LIMI[TS INSO WVQ ----...-- MMI)[YY"� IMWDD/YYYYI B X COMMERCIAL GENERAL LIABILffY 'r 00123482 3 11 12e 2,'�r'4 102025 EACH OCCJJRRENCE :S I Ono D00 CLAWS MAIDF X 0(�C.',UIR DAIVA0E 1`0 RENTED occujre'fce! S 1 DO DCK) MED EXIT(Any one pwson) S 5,(X"g) PERSONAL&ADV INJUPY 5 1 000'9JU GIEN1 A(3GREGAI E LJMI T APPUE 3 PER GIENE,Rk AGGREGA PI-. 5 2,000 000 IIO�Jcy X F'Ro JFC�� LOC, PRO WC]S_COMP;CIP A(�.,G S 2,000 000 0DIrp 5 ............................ ...... MOBILE LIABILITY y y CA20929391002 1102024 lr2t,1025 X)MBINIF-r)SNG[ UMI r A AUTO Ta acqOergj uJ00 ANY AU-r 0 BODO,Y fNJURd(Per persnn) $ AVA,OWNED SCHECAA BID 0S AfJ10S B0M1,Y N,lrjR)' 4Ier acudent) $ NON"J'ANE,D PR0P:FI1,,1 DAMAGF Au I 0S �Pw wc*jiler�) S ..........— ............®__ ,»... .....M... ............ IM UMBRELLA LIAR X OC(CuR y 001�M�'I 3 2 1 1 Q,'120?4 1102025 EN�„H 0<�CURRE NICE, S S Ocyj 000 X EXCESS LIA18 CLAIMS MADE, AGGREGAI E S 5,0W 000 ........................... ................ A WORKERS COMPENSATION Y 1,1&20945261002 1102024 1 1/2112025 PE R 01 H- AND EMPLOYERTLIABILITY YIN S 1'A 111 I'L R!E ANY PROFIRIETORIPARI Nk,Wr,,XECU1'1VE N�A E L, E,ACi,,i M",,'CiDFNT $I )N))01) �)FPICEWMEMBER EXCLUDED,' 77R*K� (Mandatory In NhU EL CASPASIF FAFMP1J.DYRE $1 OW DOO �f ns describe unde, t�&C'RIPT ION OF OPE RAI 1C)INS below E L DISEASE f'h"XICYLWIF S I[)DO hA)D DA DC%CRIP'nON OF OPERAIIONS(LOCATIONS 9 VEHICLES IACORO 1101,AdOmunal Romams cicnedule,may 00 atIsChed It mare space M rvquimdl Pie following policy provisions and/or endorsements forni part of the poicies,of wrlsurarice iepresented by this Certificate of inswancea The terms contained in the potcies and/or endorsements supersede the repiesentabons rnade herein, Eiectroroc copies of the poficy provisIons and/or endorsennents ksted below are awatablo by ernaiflnq Contact Narne shown above VAien requIred by written contract,Mose parties listed msaild contract,Including Me Certificate I rolder, are added as additional insureds wah respect to the General Loabjijty inciudingi ongomg and CO(I'Lleted operations,Auto Uabilily and Exccms Liability as afforded by the policy and/w endoirsernents, When requ6red by wntteri conftacl,waiver Of SLIbrog0wi os granted with respect to the 'Ir, I See Attached... ('�ejjf'� -JI jabiiity,Auto Uabifty W orkem Compensation,and Excess 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, M01111'Oe COUI'Ity BOCC 1100 Simonton Street AurHORIZED REPRESENTATIVE Key VVest Ft. 33040 CJ 1988-2014 ACORD CORPORATION. All rights res,erved. ACORD 25(2011,4101) The ACORD name and logo are registered marks of ACORD 4158 AGENCY CUSTOMER 110 PEDROFAILCO LOC#: ACC>RV ADDITIONAL REMARKS SCHEDULE Page 1 of i FAr.ENCY NAMED INSURED Bowen,Micietle&Britt o:f Florida, LLC Pedro Falcon EleclricaI Contractors,Inc. ----.................................. 31160 Avenue C POLICY NUMBER Big Pne Key FL 33,043-4516 .................... CARRIER NAIC CODE EFFECTIVE DATE; ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ..............25 FORM TITLE: CERTIFICATE OF UABILITY INSURANCE ...................... ...... .................... ...... ........ ... .... ............ ......... ............................ Uability,to ftse parties IOsted q)said contract,induding the Cerfificate Holder The General babOity cerfif d herein are primary and rimi-contribulory to other insurance avaiflable, bUt only to the extent reqUired by wdtten contract ACORD 101 (2008/01) (9)2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4159 � 2024 / 025 N1ONROE' COUNTY BUiSIN,ESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 30140..9801 Business Narne: PEDRO FALCON ELECTRICAL CONTRACTORS INC Owner Narne: PEDRO FALCON, CHRISTIAN N i1RI SON Business Location: BIG PINE AVE C � �3I4�43 Mailing Address: QUALIFIER, ROBERT D ALLSBROOi� BIG P KEY, FL :31,160 AVE C Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR(GENERAL/EL'ECTRiCAL 3RD QUALIFIER.Sii'ATE LIC EC1,3003416), Fmpioyees 10 IV STATE LICENSE: ECO001491/CGC1507 17'/ nOO Transfer Fee Saab-Total Penalty Prior`tears Collection C ost uotai Paid _--_ _. E10I1 25,00 I1.III4 100 0.00 25.OU Pahl 120-23-00006655 07/16/2024 25 . 00 J THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tux Collector THIS IS ONLY A TALC. WHEN VALIDATED PO Box 1129, Kew West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MI U N ICI PALITY PLANNING, ZONING AND LICENSING , REQUIREMENTS, 4 i d P, MONROC E COUNTY BUSINESS TAX RECEIPT' P.O. Box 1.129, Key West, FL 33041-1.1 9 EXPIRES SEPTEMBER 30, 2025 Business Narne: PEDRO FALCON ELECTRICAL RECEIPT# 3471�If4'-9I1II1 CONTRACTORS INC 31160 AVE C Business Location: BIG' PINE, KEY, FL. 33043 Owner Narn,e'; PEDRO FALCON, CHRI aTIAN N E'RISSON Mailing Address:QUALIFIER, ROBERT D ALLSBROOK Business Phone: 30 a- 72-2200 31150 AVE C Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD BIG PINE KEY, FL 33043 QUAI.mIFIER STATE LIC EC13003416) Ernpiayees 10 STATE LICENSE: EC0001451/CGC1507617/ Tax Anxttro�� nt .i..._._______ __..�.....�....�,., ... ..,..._...„ _ .__. ____._ �.. .�.-.. ......�.�, ransfer Fee Sulu 'rota9i Pa..naOty Prig Y ors Collection Cost Totaa Paid I 00 25, O,Q ?5gfl 41.eY3... ... CI47 i7.4II?~ _. 2Is.C1IiH __. ._.... _.._... . _. G P id 120 23-00006655 07/16/2024 25 UU V 4160 2023 / 2024 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2024 RECEIP"T# 301.40-9801 Business Name. PEDRO FALCON ELECTRICAL. CONTRACTORS INC 31160 AVE Owne,ir Narne; PEDRO FALCON, CHRISTIAN N BRISSON Business Location: BIG PINE C KEY, FL. '33043 Mailing Address: QUALIFIER, ROBERT D ALLSIBROOK 31160 AVE C SUsirie5s PhDne- 3015-8 72-2200 B L�F Cr IC; PINE KEY, FIL 3�3043 Bus�ness"Type: CONTRAC EW,,TOR (GRAL/E , TRICAL. 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE EC0001491/CGC1S07617/ --------- [Pno,Y,b Tol, F�e 1, ears Collection Cost �Tota�' Paid Ta.A'� o n'Q'�,ains�e Fee S 2 OC 0 5.00 0.0 25,00 0 00 0�00 �-1-1�502- Paid 000010 0 7 17/2 0 2 3 25 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY ANWOR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS, MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2024 Business Name: PEDRO FALCON ELECIRI(uAL RECEIPT# 30140-9801 CONTRACTORS INC 31,160 AVE C Business Locabom BIC-3 PINE KIEY, FI., 33043, Owner Name: PEDRO, FALCON, CHRISTIAN N BRISSON Mailing!, Address:QUALIFIER, ROBERTI)ALL'.'313ROOK Business Phione: 305-872-2200 31160 AVE C Business Type: CONTRAC71-OR (GEN ERAL/ELEC7R ICAL 3RD BIG PINE KEY, FL 33043 QUALIFIER STATE LIC EC13003416) Ernpk)yees 101 STATE LICENSE', EC,00014,91,/C(.,4CI50`/`6,1�`/`/ . ......... oflection (Is Total �'a Perialty Tax W1111.)11711-t "T1'1--n;F11-Fee PPw e,7,s I Toll, "a 5 00 0.00 25,00] 0.00 0 00 5,00 1 10 Paid 00,0010 0 7 17/2 0 2 3 25 00 4161 b ICI PRECISION CONTRACTORS P�+: 786759-3555 February 25'r', 2025 Monroe County Public Works 123 Overseas Highway Rocklaind Key, Florida, 33040 ATT:Chrissy Collins RE:88800 Overseas Hwy Handicap Accessibility We are pleased to submit our proposal for your project at the above referenced location. Our proposal is based on the information provided to uis by owner and by our field observations,. Our total sum quote inclusive of the description and specifications included in the breakdown is for the amount of$37,500.00 This project is proposed to be constructed and reach substantial completion within 30 days from the date we receive the notice to proceed/purchase order. Scope of work: • Permitting o Topographic Survey of project area C) Preparation of engineering plans for permitting o Execution of permits with Monroe county, • Construction * Saw cutting and removal of existing sidewalk that is in need of modification. * Disposal of concrete and debris away from jobsite * Preparation of new sidewalk base and forms * Pouring of new concrete for new handicap access. c Supply and installation of new ADA warning pads as needed, • Excluded * MOT and permits * Permit fees,issued by city/county of any kind * Any additional work not described above Poebson Contractors of South Flotrkla,Inc Phone:786,-759,-3555 Email:ppLjr 4162 PAYMENT SCHEDULE: Balance at project completion 100% $37,500 TERMS: Any alterations,deviation and/or changes in p,lans,from above specifications involving extra cost will be executed only upon written request by the owner and will become an extra charge over the estimate. This proposal does not include costs for testing and remediation of hazardous materials,costs for removiing, relocating, repairing, or modifying existing framing, surfacing, HVAC, electrical, and plumbing systems(or bringing,those systems into compliance with current building codes),costs for testing and remediation of hazardous materials (asbestos, lead, etc,), and/or permit or inspection fees required by local building department for the overall project, if any. All agreements are contingent upon: strike, accident,or delays beyond our control. Payments shall be made in accordance with this agreernent. Precision,Contractors of South Florida, Inc. shall impose a 1.5% monthly late charge fee on any payment received more than, 30 days after clue date. in the event that payments are not timely made, Precision Contractors of South Florida, Inc. shall be entitled to recover all costs associated with collection Of funds due, including but not limited to reasonable attorney's fee for coUlection, litigation and appeal. This proposal is subject to final approval by an authorized agent or officer of Precision Contractors of South Florida, lnc. foillowing acceptance by you. Only then,so accepted and finally approved shall this proposal constitute a contract between us. If we can be of any further help please don't hesitate to contact us. Approved by: Accepted by: Jose R. Gamez, President Precision Contractors of South Florida, Inc. Predson Contractors Of SOUth Horida, Inc. 2 Phone: 786-759-3555 Email: corn ............... 4163 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- Stantec Consulting Services Effective Date: April 25, 2025 Expiration Date: April 24, 2026 Contract Purpose/Description: Final assessment of the Joe London Fire Training Academy PFAS/PFOS project Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Suzi Rubio Asst. County Administrator's office' CONTRACT COSTS Total Dollar Value of Contract: $ 50'511.00 Current Year Portion: $ 50 511.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the iowl ainni.hliir w 4u1tt1sarwt is `>IQlfl flflfl.flf)or Iw�kk). Budgeted? Yes No� Grant: $ County Match: $ Fund/Cost Center/Spend Cate o : CC�26005 SC 00036 ADDITIONAL COSTS Estimated Ongoing Costs: $0 /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Digitally s50416yK G.Wilson,P.E. "��"�`- Date'.20signe 16 08'.35'.43-0 Wilson County Attorney Signature: Gaelan P Jones Digitally signed by Gaelan P Jones Risk Management Signature: Date''2025 042512''48'29-04'00' Purchasing Signature: Lisa Abreu 4/25/2025 OMB Signature: John Quinn ned Date Digitally s 202550428yJohn Quinn '. . . 08'.02'.30-04'00' Comments: Risk approval subject to contractor provision of COI evidencing professional liability coverage Revised BOCC 4/19/2023 Page 84 of 105 4164 AGREEMENT FOR Professional Engineering Services This Agreement ("Agreement") made and entered into this 28th day of April 2025 by and between Monroe County,a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West,Florida, 33040, its successors and assigns,hereinafter referred to as "OWNER" or "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Stantec Consulting Services, Inc., a Company of the State of Florida,whose address is 380 Park Place Boulevard, Suite 300 Clearwater FL 33759-4928,its successors and assigns,hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, the COUNTY desires to have the CONSULTANT perform professional engineering services for final assessment of the Joe London Fire Training Academy PFAS/PFOS project located at 56633 Overseas Highway, Crawl Key, Florida 33050. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the COUNTY and the CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses,permits or other authorizations necessary to act as the CONSULTANT for the Project until the duties of the CONSULTANT hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that it shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable Page 1 of 42 4165 for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employ. 1.1.5 The services of the CONSULTANT shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances,rules and regulations pertaining to or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the BOCC to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color,national origin, sex, age, or any other characteristic or aspect which is notjob related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION Pursuant to the Florida Department of Environmental Protection — Southeast District's (FDEP's) Provisional No Further Action Proposal Approval, dated March 6, 2023, technical criteria set forth in Subsection 62-780.680(3), Florida Administrative Code (FAC) has been met for the above-reference site, assuming the appropriate institutional controls (ICs) and restrictions and, if appropriate, engineering controls (ECs) are in place. Before a Conditional Site Rehabilitation Completion Order (CSRCO) may be issued, supporting documents for the proposed restrictive covenant must be submitted for FDEP Southwest District and FDEP Office of General Counsel review. Task 1: Institutional Controls Package Support Stantec will provide the following services related to preparation of the Institutional Controls (IC) Package, including: • Project Coordination for discussions with County, Legal, Commenters,and FDEP. • One project closeout meeting with FDEP and one response to FDEP request for additional information. Page 2 of 42 4166 • Preparation of Special Use Survey, sketch and legal description exhibits by a Professional Land • Surveyor • Preparation of a .zip file containing GIS shapefiles indicating the groundwater and soil areas to be • restricted, to support the site's entry into the Environmental Restoration Integration Cleanup (ERIC) • Institutional Controls Registry (ICR) database. Quotations from SurvTech Solutions (professional land surveyor), and ATI (licensed environmental driller) are provided in Attachment B for reference. Task 2: Well Abandonment and Reporting CONSULTANT and their subcontracted environmental well driller will abandon the existing twenty-three (23) monitoring wells in accordance with requirements of the anticipated CSRCO and FDEP Standard Operating Procedures (DEP-SOP-001/01, effective July 30,2014)and FDEP-Division of Waste Management—Bureau of Petroleum Storage Systems Standard Operating Procedures PCS-006, Design, Installation, and Placement of Monitoring Wells, effective May 2, 2005. Eighteen (18) 1-inch diameter wells and five (5) 2-inch wells remain on site (see Attachment A). Each well shall be abandoned by filling the casing with grout mixed on site, from the bottom up, using the tremie pipe method. The concrete pads and manholes will be removed and transported off-site for disposal. The surface will be restored to its original condition. The duration of the well abandonment event is anticipated for 3 day. CONSULTANT will also prepare a Well Abandonment/Site Restoration Report summarizing the following: • Copies of any permits obtained • A summary of the work performed and any other relevant documentation • An updated site map showing the locations of all abandoned wells • Well completion logs for all wells abandoned • Waste Manifests and bills of lading for materials for disposal • Photographic documentation 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Page 3 of 42 4167 Mr. Kevin G. Wilson, P.E. Monroe County Assistant County Administrator 1100 Simonton Street Suite 2-205 Key West, FL 33040 And: Mrs. Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 12'h Street, Suite 408 Key West, Florida 33040 For the Consultant: Joe Marsh Senior Project Manager Stantec Consulting Services Inc. 380 Park Place Boulevard, Suite 300 Clearwater FL 33759-4928 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services, they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads and maps. 4.2 The COUNTY shall designate a representative to act on behalf of the COUNTY with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the services provided by the CONSULTANT. Page 4 of 42 4168 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the services performed by the CONSULTANT and the work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the criteria of the COUNTY, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless the COUNTY and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on behalf of the COUNTY. 5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL Page 5 of 42 4169 The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement,the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Levi Piper Project Controls Specialist(clerical/contracting) Dana Bonanno Project Administrator(Finance—invoicing) Joe Marsh Senior Project Manager Greg Schultz, PE Principal Rico Gonzalez Project Manager Dan Diffenbach or Vince Nolan CAD Designer Raymond Camacho GIS Analyst Tanya Camacho GIS Manager SUBCONTRACTOR FUNCTION SurvTech Solutions Professional Land Surveyor for DRC exhibits ATI Licensed Driller for well abandonments So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the performance A work breakdown structure that was used to estimate the lump sum labor, expense, and subcontractor costs for Tasks 1 and 2 is provided as Attachment C. Task 1 lump sum: $26,082.50 Task 2 lump sum: $24,428.60 Estimated Project Lump Sum Total(rounded to nearest whole dollar)........$50,511.00 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. (A) If the duties, obligations and responsibilities of the CONSULTANT are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted,either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the Page 6 of 42 4170 COUNTY, a proper invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The invoice submitted by the CONSULTANT shall describe with reasonable particularity the service rendered. The invoice submitted by the CONSULTANT shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES Reimbursable expenses are not included in this Agreement. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30)by the Monroe County Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the Monroe County Board of County Commissioners. 7.4.2 The performance and obligation to pay by the COUNTY under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the failure of the CONSULTANT to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delays. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 The CONSULTANT shall obtain and maintain all insurance described in Exhibit<INSERT LETTER>to this Agreement: A. The COUNTY shall be named as an additional insured with respect to the liabilities of the CONSULTANT hereunder in insurance coverages identified in Paragraphs C and D. Page 7 of 42 4171 B. The CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above and to any increased limits of the CONSULTANT, if so required by the COUNTY, during the term of this Agreement. The COUNTY will not pay for increased limits of insurance for subconsultants. C. The CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. D. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience for reference only and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subjectto such conditions andprovisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other parry. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. Page 8 of 42 4172 9.5 TERMINATION OR SUSPENSION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other parry sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with the CONSULTANT should the CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide the CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. However,the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this Agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.6 CONTRACT DOCUMENTS This contract consists of this Agreement, the attachment hereto and any modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES Page 9 of 42 4173 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, the CONSULTANT further represents that there has been no determination,based on an audit,that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted vendor list. The CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS The CONSULTANT shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.334, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or the Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONSULTANT,the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability ofRecords. 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 Page 10 of 42 4174 readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the COUNTY or the 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 the COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by the COUNTY's representative and/or agents of the County Clerk. The COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll,verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Statutes running from the date the monies were paid to the CONSULTANT. The right to audit provisions survive the termination or expiration of this Agreement. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and the CONSULTANT agree that venue shall lie in the 16'h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and the usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, Page 11 of 42 4175 covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and the CONSULTANT agree that, in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing parry, and shall include attorney's fees, and court costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each parry represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Agreement will be provided to each parry. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Subparagraph 1.1.5, Paragraph 9.5, Paragraph 9.7, Paragraph 9.17, Paragraph 9.20, Paragraph 9.21 and Paragraph 9.22 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Agreement, the COUNTY and the CONSULTANT agree to participate, to the extent required by the other parry, in all proceedings, hearings,processes, meetings, and other activities related to the substance of Page 12 of 42 4176 this Agreement or provision of the services under this Agreement. The COUNTY and the CONSULTANT specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement,the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but Page 13 of 42 4177 not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONSULTANT'S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the 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 CONSULTANT'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 Page 14 of 42 4178 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 CONSULTANT 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 subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST The CONSULTANT and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision,the COUNTY may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee,commission,percentage,gift,or consideration paid to the former County officer or employee. 9.21 NO SOLICITATION/PAYMENT Page 15 of 42 4179 The CONSULTANT and the COUNTY warrant that, in respect to itself,they have neither employed nor retained any company or person, other than a bona fide employee working solely for them, to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for them, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision,the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in their possession or under their control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor" for this provision only: Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The COUNTY and the Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor.Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 16 of 42 4180 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the Contractor or keep and maintain public records that would be required by the COUNTY to perform the service. If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY'S custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY but, if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request, and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the COUNTY'S request for records,the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY'S option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who 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 12TH ST., SUITE 408, KEY WEST, FL 33040, publicrecords(-,monroecounty-fl.gov, (305) 292-3470. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes,the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent Page 17 of 42 4181 of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents,volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. 9.27 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION The CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other Page 18 of 42 4182 factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 DISADVANTAGED BUSINESS ENTERPRISE (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 CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Page 19 of 42 4183 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1)through(5) of this section. 9.32 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultant shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subj ect to the provisions of Section 448.095, Florida Statutes. IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. CONSULTANT: STANTEC CON,SU -. ING SERVICES, INC. rr r 4/15/2025 Signature: ..... .,y: � .... J Date Name: Joe II...... IMairsIh Title: Senior Project IMana eir/SeniioirAssociiate MONROE COUNTY: 04/28/2025 County Administrator Date Christine Hurley, County Administrator Printed Name Page 20 of 42 4184 ATTACHMENT A Page 21 of 42 4185 A , r i / /✓/r�/�f�j>✓ ''+�� /'��// r% r r/�� 6�mzo ar,;;tr �a Of/ l / / % /r /�/l/i, (�' ra /raJ/Jj r �/�a�mr✓r4 �r%j��!���' ;;�o ��% ��r%�Jl�/�/r r/I r;M W e� 1y� %, 6�,22 r r/1 �I,,; ., a r Npt fef/ �l���ja /�! �l //,�19�rda / r y�// MW1� MW2 % /��� � 2a ' �'(��'✓'/i l �/' �/� Irq/� �jMW13l// 6'2�22 r s/Xn2 1 ,� / �y� ��i✓��d/ wi!; M W 17r /��I n1�%/ r r; `f ii/� /�!�/✓ �/�%%a�!,;' /''i ry„, /�ji, ��r� ��i�///��//,a m22 � ,J,111 �y 1��>!' ,�'� � ,,..�;�� Legend ® Monitor Well Isopleth s 2022 r ��r aUfJlt % /�✓�i1�i 7007000 Exceeds ProvisionalGCTL I J4a ntec O f k PIN F I D,dude 300 f (-'1,t,l L l SA Fh ( 0, m c '11717 1'�05 �� srwrrd.s4anttc.rorci Page 22 of 42 4186 ATTACHMENT B Page 23 of 42 4187 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:www.survtechsolutions.com Email:Sales@survtechsolutions.com Thursday, January 23,2025 Enrico Gonzalez Stantec 777 S Harbour Island Blvd Suite 600, Tampa, FL 33602 RE: Proposal for Services for Joe London Fire Training Academy Institutional Control located at 56639 Overseas Hwy,Marathon, FL,33050-5601; Folio No.: NIA; Estimate No.:250152; Project No.: NIA Dear Enrico, SurvTech Solutions, Inc. is pleased to submit the following information for your consideration in selecting a firm to perform the necessary services,as noted above. We feel that you will find SurvTech Solutions, Inc. is well qualified to accomplish all services set forth in the request for proposal. Our outstanding staff of professional,technical, and support personnel has extensive and varied qualifications. The lump-sum cost for the project will be$19,385.00,with an estimated time frame of 28 days from notice to proceed. Please see attached scope of work for a detailed breakdown of costs and services. If a quicker schedule is needed, please contact us, and we will try to accommodate your schedule. If this proposal is acceptable,please sign the attached contract and send it to SurvTech Solutions via fax,email,or U.S.Mail. SurvTech cannot start said project without having a signed contract in place. If your firm wishes to use its own in-house contract or purchase order,then please forward them to SurvTech for review and signatures. SurvTech Solutions, Inc. appreciates this opportunity to submit this proposal for services.We look forward to serving Stantec on this project. Respectfully submitted, SurvTech Solutions, Inc. Florida Licensed Business No.7340 Matthew S. Brooks PSM, LS, PLS V.P.of Contracts Management Copyright©,SurvTech Solutions,Inc.-All Rights Reserved Page 24 of 42 4188 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:wvvw.survtechsolutions.com Email:Sales@survtechsolutions.com PROPOSAL 250152 Monitoring Wells Survey and Sketch and Legal Descriptions $19,385.00 See Scope of Services Below TOTAL $19,385.00 Scope of Services Standards of Practice: 1. All Surveying and Mapping will be performed per "The Florida Standards of Practice for Surveying and Mapping"and signed and sealed by a Florida Licensed Surveyor and Mapper. Geodesy&Datums 1. Survey project data will be on the following coordinate system(s)and datum(s): Horizontal datum(x,y;easting,northing) ® SPC NAD1983, Florida East zone state plane coordinates Vertical datum(z;elevation) ® NAVD 1988 benchmark(North American Vertical Datum of 1988) 2. Units for the project shall be- ® U.S.Survey Feet Establish Elevations and State Plane Coordinates on Monitoring Wells 1. SurvTech will recover known horizontal and vertical control stations from governmental agencies,such as: a. National Geodetic Survey(NGS). b. Department of Transportation(DOT). c. County Agency. d. City Agency. e. Water Management Districts. f. Department of Environmental Protection(FDEP). 2. Horizontally locate 23 monitoring wells to an accuracy of+/-0.1 feet, utilizing RTK(real-time kinematic)GPS and/or conventional surveying instruments. 3. Elevate 23 monitoring wells to an accuracy of+/-0.01 feet, utilizing closed-loop differential leveling. Copyright©,SurvTech Solutions,Inc.-All Rights Reserved Page 25 of 42 4189 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:wvvw.survtechsolutions.com Email:Sales@survtechsolutions.com Survey Deliverables 1. The following deliverables are included in this proposal: ® A spreadsheet will be delivered to client in electronic format and as hard copies accompanying a signed and sealed surveyors report. File will be sent by email unless the client specifically requests a CD of the electronic file. SurvTech is NOT preparing a map of the site. The deliverables shall be a Microsoft Excel spreadsheet(.xlsx)format and surveyors report in Adobe(.pdf)format. Hard copies shall be sent only upon request. Sketch&Legal Descriptions 1. SurvTech will need accurate information about the proposed description to accurately prepare the sketch and description. On this sketch and description, SurvTech will be required to perform fieldwork. 2. Sketch and description shall contain sufficient information to allow the location of the proposed parcel. The following shall also be shown on the sketch and in the description: Bearings and distances,Qualifying calls to section lines, right-of-way lines, monumentation, occupation lines,etc.,Approximate acreage,and newly created description,and parent tract description. 4. The survey shall be tied to the system which underlies the legal description of the property unless otherwise requested by the client. 5. Adjacent property lines shall be shown as they extend out from the subject property lines. If the property is known by a specific name,SurvTech will so indicate. 5. Any relevant information such as encumbering and appurtenant easements and their dimensions, of which the surveyor is made aware of from the client shall be depicted and shall be labeled with complete recording data and the nature of the easement. (Documents must be supplied to SurvTech by client). 6. The sketch shall contain the description,which will correspond with all dimensions shown on the sketch. 7. Sketch and legal descriptions included in this proposal: a. Sketch and legal description of overall parent parcel. b. Sketch and legal description of Institutional Control Boundary. S. Client shall confirm and provide geometry of institutional control boundary as it relates to the parent parcel prior to any initial drafting efforts. Sketch and Legal Description Deliverables 1. The following deliverables are included in this proposal: ® Survey drawing at a standard scale on a standard 8 1/2"x 11"size title block, unless specifically requested otherwise by client. ® Final drawings shall be submitted as full-size copies,certified, and sealed,dated, and signed by a Florida Professional Surveyor and Mapper. Copyright©,SurvTech Solutions,Inc.-All Rights Reserved Page 26 of 42 4190 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:wvvw.survtechsolutions.com Email:Sales@survtechsolutions.com ® Final survey shall be made available to client in electronic format,AutoCAD(.dwg format), and Adobe PDF format. File will be sent by email unless the client specifically requests a CD of the drawing file. Additional Non-Typical Items, Exceptions,and Conditions 1. Please reference attached aerial imagery for approximate project location and site limits. 2. SurvTech is NOT performing a boundary survey as part of this proposal. 3. SurvTech is NOT performing a mean high water or sovereign lands determination as part of this proposal.All water boundaries will be meandered(closure line)on final deliverables. 4. SurvTech is NOT performing a tide study as part of this proposal. OWP, d4 0e1,1.1Wxf dill U,iilll � ly p Yellow Polygons=Approximate Parcel Boundary Copyright @ SurvTech Solutions,Inc.-All Rights Reserved Page 27 of 42 4191 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:wvvw.survtechsolutions.com Email:Sales@survtechsolutions.com Exhibit "A" SurvTech Solutions, Inc. Short Form Agreement General Terms of Agreement for Consulting (Surveying and Mapping) Services 1. Client hereby agrees to retain SurvTech Solutions, Inc.to perform professional land surveying services as described herein. This Agreement applies only to the specific project identified herein. 2. General Responsibility:SurvTech Solutions, Inc.agrees that we shall act as an independent contractor and shall perform the services provided for in this Agreement in accordance with the generally accepted standard of care of SurvTech Solutions,Inc.'s profession. 3. SurvTech Solutions, Inc. agrees to perform the services set forth in attached "Proposal of Services" ("services"). 4. Payment:Client shall be invoiced upon completion of the project. .Client agrees to pay invoice(s)within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay SurvTech Solutions, Inc.'s cost of collection of all amounts due and unpaid after ninety (90)days, including court costs and reasonable attorney's fees. SurvTech Solutions, Inc. shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein SurvTech Solutions, Inc. waives any rights to a mechanics'lien,or any provision conditioning SurvTech Solutions,Inc.'s right to receive payment for its work upon payment to Client by any third party.These General Conditions are notice where required, that SurvTech Solutions,I nc.shall file a lien whenever necessary to collect past due amounts.Failure to make payment within 30 days of invoice shall constitute a release of SurvTech Solutions, Inc.from any and all claims which Client may have whether in tort, contract or otherwise and whether known or unknown at the time. 5. Insurance:For any services provided under this Agreement,SurvTech Solutions,I nc.shall procure and maintain in effect insurance coverage in amounts not less than set forth below. a. Workers'Compensation and Employers'Liability:Comply with the laws of the State of Florida. b. General Liability: Comprehensive Liability Insurance for personal and bodily injury, including death and property damage in the amount of$1,000,000 combined single limit each occurrence and $2,000,000 in aggregate. c. Professional Liability Insurance: SurvTech Solutions, Inc. shall provide Professional Liability Insurance in the amount of 5 000 000. d. Umbrella Liability Insurance:SurvTech Solutions, Inc.shall provide additional Liability Insurance in the amount of$10,000,000 for Auto Liability and General Liability. e. Certificates: SurvTech Solutions,Inc.shall provide certificates of insurance upon request evidencing coverage required above. Each certificate shall provide that coverage afforded shall not be canceled nor ordered reduced by the SurvTech Solutions,Inc.except with at least thirty(30)days prior written notice to the Client. Should this occur,SurvTech Solutions,Inc.shall procure and furnish for Client prior to such effective date new certificates conforming to the above coverage requirement. SurvTech Solutions, I nc.shall not have the right to receive any payment under the Agreement until such certificates are received by Client. 6. Indemnification and Hold Harmless: Client agrees to defend, indemnify and save harmless SurvTech Solutions, Inc.from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from clients performance of the proposed work, whether such claims or Copyright©,SurvTech Solutions,Inc.-All Rights Reserved Page 28 of 42 4192 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:wvvw.survtechsolutions.com Email:Sales@survtechsolutions.com damages are caused in whole or in part by client,and agrees to reimburse SurvTech Solutions, Inc.for expenses in connection with any such claims or suits, including reasonable attorney's fees. 7. Termination: Client may terminate this Agreement with SurvTech Solutions, Inc. upon written notice if SurvTech Solutions,Inc. breaches his obligations under this Agreement or for any other cause. Client shall compensate SurvTech Solutions, Inc.for performance of services through the period of notice. 8. SurvTech Solutions, Inc. and client mutually waive claims for consequential and incidental damages arising out of or relating to this agreement. 9. Attorney Fees: Should suit be filed to enforce or for the breach of the term of this Agreement, the prevailing party shall be entitled to the award of reasonable attorney's fees. 10. Governing Law:This Agreement shall be governed by the Laws of the State of Florida. 11. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void,or unenforceable,the remaining provisions shall remain in full force and effect and are binding on SurvTech Solutions, Inc.and Client. Copyright©,SurvTech Solutions,Inc.-All Rights Reserved Page 29 of 42 4193 SurvTech Solutions, Inc. 10220 U.S. Highway 92 East Phone:813-621-4929 Tampa, Florida 33610 Fax:813-621-7194 Web:wvvw.survtechsolutions.com Email:Sales@survtechsolutions.com CLIENT AND SURVTECH SOLUTIONS, INC. PROFESSIONAL SERVICES AGREEMENT-(SHORT FORM) This agreement is made and entered into and made effective Thursday,January 23,2025, by and between: SurvTech Solutions, Inc. Client:Stantec Name: Matthew Brooks Name:Enrico Gonzalez Address: 10220 U.S.Highway 92 East Address:777 S Harbour Island Blvd Suite 600 Address cont: Tampa,Florida 33610 Address cont: Phone: 813-621-4929 Address cont:Tampa,FL 33602 Fax 813-621-7194 Phone:None Project No.: NIA Email:gonzalez@stantec.com Estimate No.:250152 The property upon which the services hereinafter described are to be performed is located at 56639 Overseas Huey, Marathon, FL,33050-5601; Property Appraiser Parcel No.: NIA("the property") Services: Surveying and mapping services as described in"Scope of Services"as attached herein. Fee&Time frame:Payment for the hereinabove described services will be$19,385.00. Estimated time frame s 28 days. All government fees or miscellaneous expenses will be incurred by the Client. SurvTech will notify the client of any such fees or expenses prior to the expenses being incurred. 12. By execution of this agreement Client accepts the terms hereof, acknowledges receipt of a copy hereof,including all exhibits,and authorizes Consultant to proceed with the work. In the event Client is not the owner of the property. Client represents that Client has obtained permission from said owner for Consultant to proceed. IN WITNESS THEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and on the date first above written. CONSULTANT:SurvTech Solutions, Inc. CLIENT:Stantec By: By: Name: Name: Title: Title: Date: Date: Copyright©,SurvTech Solutions,Inc.-All Rights Reserved Page 30 of 42 4194 OR f YJ . yy VNM i y / f / / N= lu r, m m-ap�`,f ,. I/111f yr.rrrr�� IPO IMF Legend 4 .um'ry m�armr r a/fv1i UI 1a r+ /// / m�. I�� U+✓mv x f amr muvu u miu � r InIdor Well y f ! q / ( II' i� VVV IIIIIIII�JlI�IS'i YPIII I' IYY III Ilul, � i puliuuuuuu � t 7 il/ J( _ �u�pIV60tl41i oml 8 700 7000 ExceedsGCTL Stantec I Uy ' hWT-91..n�9a w—xwu taFr>mmr Well.3,,, , ,maaa101M,, P,117,NN I,0A Page 31 of 42 4195 PIP,, ��Sr, �/�,1�/���/" )�r'(('�17 ', ,� 32m2a ;l�'J y���/' 22.,b ,;;,✓/; " of pi a �% �� ��l�p ,,` f / i tl ii�M44-7 nnuww��� s9 r ^ i �/'��/r�l%/�P / / %%, � / 1 � ,l' M�M1f3 //��l'� 2ez2,,,,,,Y'✓l1 � � rr1�1� mwa r /R✓1�"/p/h ",� '%',"' q/fr`�/ r f�f �rvuu 1 �� f/� � � �, � I✓P� rtr fJf�/41�������1��J� ����lr%�l�/ /,l,r� ;ir4��✓,��/'l�/ /i,.. raj«����/� / ,�//r/1��D// r/�/��/j�� �..'. �/ �� Legend o Monitor Well Iso leth /i/' ;f70 / W W %.r a1 7000 I � � Exceeds Provisional GCTL Stantec SM m .�,. Rmrk,R—B.,d ,Beta p,1)721.631.asw t'ihi f 9"Y it t ..mwm Page 32 of 42 4196 AMBIENT TECHNOLOGIES, INC. A id SUBSIDIARIES Cgrvfwan��l=s ES.re&:aar`17a.arf.Cx'dx¢:ra'�vace Contractor:Enrico Gonzalez Proposal No.:22501023 Contact Name:Stantec Contact Phone:813 244-8073 Date:1/1 612 0 2 5 Contact Email:enrico.aonzalezQstantec.com Site Address:Marathon,FL FDEP ID#: PROPOSED SCOPE OF WORK: Estimator:MR •Well abandonment of twenty three(23) MWs.Wells are 1"and 2"with max depth 30ft.Totaling 312ft.Tremmie grout. •Pad/cover removal and resurface. If pea gravel is encountered, drilling must stop. No drilling on pea gravel is permitted. Client is responsible for any ft0101 or access permits,and NAO I for the work to be performed, if needed. Is also client re sponsability to have all utilities located when an 1='rivate Property. If not, any damages on utilities and other sltructures related to drilling activities will be client responsability. DRILLING ACTIVITIES HORIZONTAL WELLS ABANDONMENT MW abandonment-Per SOW ft. $8,976.00 1 $8,976.00 MW abandonment-V-2"groutiplug ft. 312 included Pad and cover-Removal and disposal and resurfacing each 23 included DRILLING DOUBLE CASED WELL SAFETY MISCELLANEOUS Mobilization(one rig) Miles round trip: 750 round trip 1 $0.00 Per Diem-Automatic when fieid work is longer than 9hdday orround trip over 150 miles per crew/night 3 $0.00 Permits z (Drilling only;cost according to W MD&Local Municipalities) each TBD Pre-drilling on site meeting- LS Pre-drilling conference call-30 minutes LS included TOTAL QUOTE PRICE $8,976.00 NOTES:This proposal is only valid or this specific scrape ofwoik.Any changes,prices shalll be revised.Actual field days,materials and hours Will be invoiced 1.Includes expendables,tubing,points,liners,caps,plugs,sawcuts,steam cleaning decon,well development,and grouting. 2. Well Permits-Requires 5 days Notice to Water Management District-Actual cost only. 3.Utility Clearance-Requires 72 Hour Notice Priorto Drilling.ATI will complete notification to Sunshine State One Call(Sunshine)priorto initiating drilling. Sunshine will not perform locates on private property(only right of ways and easements).It is the client and/or owners responsibility to provide information from private property.Damage repairs(time and materials)caused to any underground utilities on private property is client responsibility.ATI will review information provided regarding underground utilities to confirm clearance at boring locations.As another safety precaution,ATI will perform hand clear to approximately 5 feet below ground surface to check for utilities prior to drilling.If the client anticipates the potential for multiple utilities underground but has no information on location,we can provide private utility locating services at an additional cost.Please advise us of your needs prior to date of drilling. 4.Price assumes no rock will be encountered in the depth of penetration. 5.DPT Daily and Half-Day Rate:Hours over Half-day and Full Day Rate -$275 1 hour 6.A perdiem will automatically be charged when field work is longer than 9hr/day or round trip over 150 miles Days to Complete Scope of Work: approx.3 day(s)(depends on access,client sampling time or other restrictions)" Subcontractor Company Name: ATI Companies,LLC Subcontractor Mailing Address:57091st Avenue South, St.Petersburg FL 33707 Signature: Reviewer: Date: 1/16/2025 NOTE:to schedule work,contact 727-328-0268 Bid Valid for 90 Days Payment terms:Net 60 days This proposal acceptance includes ATI's standard Terms and Conditions Name of Firm: Date: Signature of Representative: Print name of signing Representative: NOTE: This proposal needs to be siqned once lob is awarded to ATI Companies,LLC <FA Mlinc r it y C,�e rjjled C'ranrxgrnnxy Arrrhieni Fcehr,tog 4,,I %Ar wculrsidiaricw ATI Corr rlra rile^,G M.Q.°.—D,-ilth p ATI Gcologic.+x„)AX -h.--Sit cr 8e 1ing/C'PT A I I UeoV ic%v C o,,Ser°v,Inc..—9.eophysicv ATI I Ener„in,LLC—sohir Energy YAendgr Lersv 5700 Virst Avenue S..dil,St.R'rl rslroxuc;,U1,33707 Ph.: (7-7) 0--,68 I'l— (7 7)3.8.r 177 m4ar(p rrrtraerrttar.trn.errrrn wa .rnrarbrerrvreca h.vnrm weuw.Ap,<n uGnau.carrr Page 33 of 42 4197 ATTACHMENT C Page 34 of 42 4198 - Q n rp 6e>ae, o / ) z ;« 11 mi L-J $ ,: ) g ` ^ ^ [ a { }y , � 4 § . - � - L I ! oi . d . . LLM \ 4199 ATTACHMENT D County Forms Page 36 of 42 4200 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE Stantec Consulting Services Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3) of Ordinance No. 0 10-1990. 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 p oyee". (Signature) April 15, 2025 Date. STATE OF: H6Y An COUNTY OF: Pinellas Subscribed and sworn to(or affirmed)before me, by means of El physical presence or El online notarization, on A-an L i 20ZE) (date) by (name of affiant). He/She is ers nown to me 202adLjmown to me or has produced (typ o * entificat' n)as identi on. t�y&tAA-t NOTARY PUBLIC Notary Public Gtet®of Florida Caroline Patricia Gouveia my commission wig M 284159 My commission expires: -71512 .0 011116 Expires 715/2026 Page 37 of 42 4201 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: Stantec Consulting Services Inc. (Name of Business) I 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 contenders to, any violation of Chapter 89') (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 this firm—co plies fully with the above requirements. Proposer's Signature 4/15/2025 Date STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means of physical presence or❑0 online notarization, onAV)-j1 IS .760-?S (date)by jae (name of affiant). ' 'Fle/She is person known to ne or has produced (type of identification) as identification. Notary Public ate of Florida A Caroline P Statricia Gouveia NOTARY PUBLIC (SEAL 6119 My Commission Hit 264159 My commission expires: �26 Expires 7/5/2026 Page 38 of 42 4202 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Joe L. Marsh I have read the above and state that neither (Proposer's name)nor any Affiliate has been p]ac the convicted vendor list within the last thirty-six(36)months. A (Signature} V Date: 4/15/2025 STATE OF: F/o ri'd I COUNTY OF: fla's Subscribed and sworn to(or affirmed)before me,by means of V/physical presence or El online notariza * on /S/ (date) alrlp V7\, K by . 174 iant). He/She i n 11 known tome _4 _ __(name of aff s"' or has produced (type identificati n)as identif on. NOTARY PUBLIC Notary Public State of Florida Carolina Patricia Gouveia My Commission HH 284159 My commission expires: Expires 7/5/2026 Page 39 of 42 4203 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS ��� ��0��0 ���� �����0�0� �����O0� ������/������� ����� ����0�����0�� ��������� Pn�udDuacdpdon(a)� ` / Respondent Vendor Name: Stantec Consulfing Services Inc. Vendor's Authorized Dg}�sunkk�'uY4un/ and Title: �� n��m� nwnsn', `�e n'nmn rnoj� nwn� n'`�n'��� e0� Associate �� Adcbuaa: ��� ark ���ace BlVd., STE 300 city: Clearwater state: r � � 33/59 Phone Number 727-431 1589 Email Address: Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing u contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Conqpmdua that Boycott Israel List, created pursuant to Section 2|54725. Florida 8t*ntua, or is engaged in u Boycott of Israel. Section 287.135. Florida 8tukdua, also pnob8bda u company from bidding on, submitting u proposal for,or entering into or renewing u contract for goods or services oI$|.000.000or more,that are on either the Scrutinized Companies with Activities in Sudan List or the ScrutinizedConqpmduav/db/\cdviduainthe Iran Petroleum Energy Sector Lists which were created pursuant to a. 215473. Florida 8tukdua, or is engaged in business operations in Cuba orSyria. /\a the person authorized to sign on behalf oI Respondent,|hereby certify that the company identified above inthe Section entitled "Respondent Vendor Name" is not listed onthe 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 Petroleum Energy Sector List,or engaged in business operations in Cuba orSyria. | understand that pursuant to Section 287.135. Florida 8t*ntua, the auhxdaaion of false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contractwith 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 8cn4bdzud Conqpmdua that Boycott |anml List or engaged in u boycott oIIsrael or placed on the 8cn4bdzud Conqpmdua with Activities in Sudan List or the 8cn4bdzud Conqpmdua with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Joe 11 IM a irs Ih who is authorized to sign on behalf oI the above referenced compa, ' Authorized Signature:_ ^~— Print Name: Joe 11 nwn airs x/ v Title: Senior Project nwnanagen/Senmwn Asswbate Note:The List are available at the following Department of Management Services Site: Page 4VoI42 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Sta n-lec Cons u1-6iirng Se rviice 1l nc. Vendor FEIN: IF01000005948 Vendor's Authorized Representative: Joe II...... IM it Ilh, S irniioir Project IMa n it/S irniioir Associate (Name and Title) Address: 380 Park Place Blvd, STE 300 City: Clearwater State: IFll mid Zip: 33759 Phone Number: 727 431 1559 Email Address: joe.mairslh@s-tan'tec.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: I. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally,Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Joe IL..... IM a irs llh who is authorized to sign on behalf,of th- above referenced company. Authorized Signature:( Print Name: � irsb Title: S irniioir Project IMa n eir/S irniioir Associate Page 41 of 42 4205 INSURANCE REQUIREMENTS WORKERS' COMPENSATION Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the State of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Page 42 of 42 4206 Monroe County Purchasing Policy and Procedures ATTACHMENT D-5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000,00 and Under Contract with- Superior Eltric,of the Effective Date: Expiration Date: Contract Purpose/Description: Light Pole Replacements at Marathon Government Center,2798 Overseas Hwy, Marathon Contractor shall commence performance within tern(16)calendar days of date of issuance of a Notice to Proceed,Purchase order,or .Task'Order, Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: John T:Null 30fi Facilities Maintenance CONTRACT COSTS Total Dollar Value of Contract: $ 1 a 40,0 00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the +fltS l�"di9f40il dNl tlY➢44aii9 Y "s'd00,700,00 or I" ), Budgeted? Yelp-] No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: �,c 20,501/ C 00OB1 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ see pages 27-35 of RFS CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantis Jose h X. DiNovo Digitally slg-d by Jose ph X.DiN-. County Attorney Signature: P Date:2025.04.070923:53-0400 7� Jaclyn Flatt Digitally signed by Jaclyn Flat Risk Management Signature: Date:2025.04_0710:12:43-04•00• Albreu Purchasing Signature: Lisa Abreu Digitally 2025 signed407 11 a 36-0 Date:zozs 0a m 1 tm 3s-oa 00 John Quinn Digitally signed by John Ouinn OMB Signature: Date:2025 04.07 13:48:16-04•00• Comments: Revised BOCC 4/19/2023 Page 84 of 105 4207 MONRO�E COUNTY BOARD OF COUNTY NTY COMMISSIONERS REQUEST FOR SERVICES FOR; Light Pole Replacements at Marathon Government Center 2798 Overseas Hwy, Marathon BOARD OF COUNTY COMMISSIONERS Mayor James K. Scholl, District 3 Mayor Pro Tern Michelle Lincoln, District 2 Craig Cates, District I David Rice, District 4 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis February 2025 PREPARED BY: Monroe County Facilities Maintenance Department Page 1 of 33 4208 General Scope of Work Job Name, Light Pole Replacements at Marathon Government Center Job Locations: Marathon Government Center 2798 Overseas Hwy, Marathon, Florida 33050 Contact: John T. Null or Jessica Morris John T. Null 305-587-8036 Jessica Morris 305-504-4327 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Monroe County ("Owner" or "County") shall enter into a contract with a qualified Contractor to replace the existing light poles and install new replacement light poles at the Marathon Government Center; 2798 Overseas Highway; Marathon, Florida 33050. The term of this contract shall commence upon approval and execution of the contract by Monroe County and will terminate upon final completion of the Project as noted herein. Contractor shall commence performance under the contract, which may include applying for a permit if one is required for the Project, within Ten (10) calendar days of the date of issuance to the undersigned by Owner of a Notice to Proceed, Purchase Order, or Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) days, thereafter, unless an extension of time is granted by the County. The Contractor shall be required to secure and pay for all required permits and approvals to perform the work from governmental entities, which may include City of Marathon Building Department, Monroe County Building Department, and any other permitting or regulatory agencies, if applicable. The Contractor shall include those permit fees as a part of the Contractor's bid. Page 2 of 33 4209 B) All quotes are due by Tuesday, March 25,2025, at 3:00 P.M., via email to morris- jessica@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty(120) calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: Base Proposal: The Contractor shall provide the following Scope of Work and provide all labor and materials to replace two light poles at Marathon Government Center, Marathon, Florida: Remove and dispose of two existing concrete light poles, leaving pole stubs as bases. Supply and install two new 25' composite light poles rated to 180 mph or greater, using existing pole stubs as bases. Supply and install two new 150W LED fixtures on each pole (4 fixtures). Alternate#1: In lieu of the Base Proposal, shall provide the following Scope of Work and provide all labor and materials to replace two light poles at Marathon Government Center, Marathon, Florida: Remove and dispose of two existing concrete light poles including the pole stubs. Supply and install two new 25' concrete light poles rated at 180 mph or greater upon newly constructed bases. Supply and install two new 150W LED fixtures on each pole (4 fixtures). The Owner shall have the right to determine the low proposer on the basis of whether the Base Proposal or Alternate #1 best serves the needs of the County and make its selection accordingly. The Owner reserves the right to reject either the Base Proposal or Alternate #1 in the selection process as is deemed necessary to keep the project within budget. 3. General Requirements A) The Contractor shall coordinate all activities with the following representative of the Monroe County Facilities Maintenance Department: JT Null at 305-587-8036 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures Page 3 of 33 4210 ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping Q The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to those specified by the County. I) All materials must be approved by submittal prior to commencement of work. J) The Contractor shall provide a lump sum price by Tuesday, March 25, 2025, at 3:00 P.M., via email as noted herein. K) The Contractor needs to be aware of weather and location and plan accordingly. L) The Contractor needs to be aware of the facility,its residents,and staff with unusual schedules and plan accordingly. M) The Contractor shall provide a safety lift plan for any crane/hoist work. N) If applicable, the 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. O) The Contractor shall provide a schedule for all phases of the project. P) The Contractor shall coordinate all activities with concurrent site work being performed, if any. Q) Insurance Requirements: Workers Compensation Statutory Limits Page 4 of 33 4211 Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A"Sample"Certificate of Insurance is attached, which may not be reflective of the insurance amounts required for this project but is provided for"informational purposes"only. R) The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form. S) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,or in connection with, (A)any activity of the Contractor or any of its employees,agents, subcontractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, subcontractors or other invitees, or(C)the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions Page 5 of 33 4212 of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. T) NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law,the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor.No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. U) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this 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, Page 6 of 33 4213 percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. V) CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. W) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor complies fully with, and in accordance with the requirements of Section 287.087, Florida Statutes, as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1. 4) In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I) Nondiscrimination/Equal Employment Opportunity. The Contractor and County agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not Page 7 of 33 4214 limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act 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 Il, which prohibits discrimination on the basis of race,color, sex,religion,national origin,ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Page 8 of 33 4215 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with Page 9 of 33 4216 procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph(1)and the provision of paragraphs (1)through(8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. II) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Article 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 Page 10 of 33 4217 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 Com anies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. III) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If any auditor employed by Monroe County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "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 by the County. IV) 'light to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence Page 11 of 33 4218 deemed necessary by Owner or by the County Clerk to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,duties,or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll,verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten(10)years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to 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. V) Payment of Fees/ Invoices. County shall pay pursuant to Section 218.70, Florida Statutes (Florida Local Government Prompt Payment Act), upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor shall submit to the County invoices with supporting documentation that are acceptable to the County Clerk. Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention: Jessica Morris via email at morris-jessica@monroecounty-fl.gov. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Article I, Section 24,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 Page 12 of 33 4219 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 request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the Page 13 of 33 4220 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 12TH ST., SUITE 408, KEY WEST, FL 33040, atil)ticr(word nt(,,)ii oe ottnt -41. ()v, (305) 292-3470. VII) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as 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: 1. "A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), Florida Statutes shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph,the Bidder may not be awarded a public contract for at least 1 year after the 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 lie uirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon Page 14 of 33 4221 the date of refusal or non-acceptarice of'delivery. 'File place of giving Notice shall remain the same as set, forth herein U11til ChaugCll in writing in the manner provided ill this paragraph. Notice shall be sent to the lbilowing persons: For C ontractor: ReChicof the FL Kty•s,INC 44arlthewshimet FAX For Owner; Facilities Maintenance Department Attentiow John T. Null 10600 Aviation Blvd, Marathon, Florida 33050 And Monroe County Attorney's Office 1111 12 1h Street Suite 408 Key West, Florida 33040 IX) Eason Argawei- L-U H —MJQW� Any delay or failure of`either Party to perform its ohligations Linder this Agrctnnent will be excused to the extent that the delay or failure was caused directly by an event beyond srich Party's control,, withOLlt Such Party's fault or negligence and that by ils nature could not have been filrese.en by SUCh Party or, Wit could have been foreseen, was unavoidable.- (a)acts of'G(,)d;(b) flood, fire,earthquake, explosion, tropical storryi, hurricarre or other declared emergency in the geographic area ofthe Pro.ject-, (c) war, invasion, hostilities (whether war is declared or riot), terrorist threats or acts, riot, or other civil unrest in the geographic area ofthe Pnriect; (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; (1) action by any governmental authority prohibiting work in the geographic area of the Prqject;(each, a "Uncontrollable imUlllstarrce"), Contractor's financial inability to pertbrin, changes in cost or availability of materials, components,or services,market conditions,or supplier actions or contract disputes will not excuse perforrilance by Contractor Linder this Section,Contractor shall give County written notice within seven (7) days of any event or circurnstance that is reasonably likely to result in an Uncontrollable (.'ire ri in stance, or as soon as possible after such U'ricontrollable (11rcurnstance has Occurred it' reasonably anticipated, and the anticipated duration of' such Uncontrollable Circumstance, Contractor shall use all diligent efforts to end the Uncontrollable CircUrnstance, ensure that the effects of' any Uncontrollable Circumstance are rnininlized and resurne full perforrnanCC Under this AgrectnentAbe(",ounty will riot pay additional cost as a result ol fan Uncontrollable Circumstance. The Contractor may only seek as no cost (Aiange Order or Ar-nendirlent fior such reasonable firne as the Owner's Representative may deterrnine. Page 115 of'33 4222 X) Adiudication of Disputes or Disagreements, County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section I, Nondiscrimination, or Section II, concerning Termination or cancellation. Page 16 of 33 4223 PROPOSAL FORM PROPOSAL. TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, Florida 33050 PROPOSAL FROM: PO BOX 522672 _..................... The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: I , � y � ��a�r� � at ma a ' 1 "IMObt Center 2798-Orrerseas Marathon, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor. mechanics, superintendents, tools, material. equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that lie/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 ofthe site. The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30)days, thereafter, unless an extension of time is granted by the County. Page 17 of 33 4224 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. Dollars. ............ (Total Base Proposal-words) $ Dollars. ...................... (Total Base Proposal -numbers) 0 5- Dollars'. �(T' I Alternate 41*d"s)a-&4 $ _9 L-)ri-, P Dollars (Total Alternate#1- numbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No.---- Dated.,.-, No. Dated Page 18 of 33 4225 In addition, Proposer states that he/she has provided or will provide the County, along with this Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below,the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: l 1/J! nlonrocmcl,mmiIII, C i jgLlt,r t r ll lc a,IN fit�tll) I AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor;. .. x. ... .,� ....t ...�_.._ _ �_W �, Mailing Address: Phone Number: E.I.N.: .... Emai I: Date: 3 d Signed. Name title Contractor'ssignature- Witness fitness s mot„ Witness name: Date " The County accepts the above proposal: MONROE COUNTY, FLORIDA Date: By: County Administrator or Designee MONROE COUNTY ATTORNEY'3OFFICE APPROVED AS TO FORM Page 19ot'33 DA-m, .,...� ....SJd..LSd.?�1.,.......,............a..,.. _....7.. 4226 NON-COLLUSION AFFIDAVIT of the City refi�. aa. i g t depose and say that:ccordInam of th the bidder ed in the Request for m . Proposals for: authority to d o s o; and that I executed said e said P!I' o—siw-it h full� ' � : b The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of r,estliCLi g competition, as to any matter relating to such prices with any other bidder or with any competitor; and C. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and cl. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and e. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the staternents contained in this,,al,ffidavit in awarding contracts for said project. ........ .. (§Fn r) (Date) STATE OF-_ COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means o' physical presence or Q. to by El online notarization, on ........... 'e onally known 't "-;1. of affiant), He/SheJt'p rs 0 me or has produced ----------- ...... ............ ........... p (type of identification) as identificati&�,"",',"" '�U B 016 E R 64 �N LOA NO A PU . �\c 0 T My commission expires: �S[Enj I C L #H R�N kg,'\04 33 01111111 W" 4227 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE . ......... (Cornpany) C I warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct frorn the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: COUNTY Subscribed and sworn to (or affirmed) before me, by means 01 physical presence or 0 online notarization, on 2 0.." S-1-I (date) by ? - --___(name of affiant). He/She is perrrll known rod u 4 to me or ha p cbd as identification. (Type of identification) NOTARY P U B E R 0 My commission expires: , ,)47-20 o T (SEAL) A R Y PUBLIC 'P #HVA 01111111w\0 I'etge 21 o 1"33 4228 DRUG-FREE "re, erne e,r"s'Nxrre' ver'r<.r' .w.. .` .vendor in accordance tc�rr ��� ta. eNtc ..ww I) 7 hereby certifies that: (Marne of I: usines.;' 1. Publish a statement notifying ernploye s that the unlawful 77a.ntifacturc, distribution, dispensing, possession., or use of a,controlled substance is prohibited in the workplace and specifying the actions [flan: will be taken against employees for violations of such prohibition. 1 hiform employees abocrt the dangers of drug abuse in the workplace, the business's policy of`rnaintaining ar drug-free; workplace, a.ny available drug counseling, rehabilitation, and. employee assistance programs, and the penalties that may he imposed upon errrployces for drub; abuse; violations. 3� Give each employee engaged ill providing the commodities or contractual services that are under bid a.copy ofthe statement specified ill Subsection (I), 4. In the statement specified in subsection (1), rNotify the employees than, as a condition of working on the commodities or contractual services that are under bid, the ensployce will. ;,rbidc by the terms of the startenrent ind will notify tyre employer of any conviction ol', or plea of guilty or nolo coritcndere to, any violation ol.Chapter 89.E (Florida `statutes) or of" any controlled substance law of the United Mates or any state, lot-a violation Occurring ill the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or reclraire the satisfactory participation in a drug abuse- assistance or rehabilitation prograrn if'sucfI is available in the ernployce"s community, Jor 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 i y t f nri cornplies fully with the above; requirements, r authorized to sr ,,n the state.rrrer�t I certif that �4 " Proposers Signature .........._... I _.. _.......................... _ l ar:tcwx S T"A TE 01: , Subscribed aaid sworn to (or affirmed) before rare, by meatus of, presence oi- 0 online notarization, on (late) by (name of aff rant) I1 / l.Ne rw personally known to �c �7r has prod cc cr 1 Ne ar ti has derrlrlrcatre�e, e 7 r 120 c TAav (fSl"AL) NI (;011111lission l?x z es: �43 ttr(IlltE 4229 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. Sig`igna 6 r Date: STATE OF: COUNTY OF: ._4�Ljf Subscribed and sworn to (or affirmed) before me, by means of physical presence or El onlin(not arization, on the day of... �2kdate), by ....... (name of affiant), produced He/She is personally known to or has (type of identification) as identifi tion BE R ............ ........... ....... 47-20�, TA B,U C NOTAR�, (S E A My Commission E X) BL(Q�, PU IC OF FLO I)age 23 433 4230 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS se Project Descri tion : l Respondent Vendor Nam P � ) _ t,M � w Res e: � � ;C VendorFEIN: Vendor's Authorized R Name and Title: I Address: Representative ._.. City: State: Zip .w3,' .. 's� ?.._. Phone Number _ 1 Email Address. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sector List or been engaged in business operations in Cuba or`Syria. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. Certified By: � N* � IT ..... . ,,,,,_ _mY__,, who is authorized to sign on behalf of the above r Wen ed any. Authorized Si nature Print Title:Nn� ... Note: The List are available at the following Department of Management Services Site: htt o t/www dnas.nn Honda con-i business ajt erafionsl tat irtfyorm a0�qWconvqu 1qd uSr? ended c�d�u �tta�ira Pr��..�:taatag�b�i�at� vendor lists Page 24 of 33 4231 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES C Entity/Vendor Name: ....-ar _ `�.. ....� ,..,..� �.... .. Vendor FEIN: Vendor's Authorized Representative: _._ (Nania d Title) Address. ..... � ���...... �. City# .. ,�- State., .a... _ Zips* eeem.� Phone Number:,... a ....... .3 .� ..? ..............w.. Email Address: �.........0,�.., As a nongovernITIC1 (al entity execu g, rencwing, 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: l. 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, l 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: f who is authorized to sign on be ilf of the _ g �l i ,a lcrenced company. Authorized Si nature Print Nadi �e Page 25 of 33 4232 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. es ondor plete this f m Name of Bidde0R gate:p ..a � ��, C, _ 4- 5 and 025-2015, mus com at least one 1 year prior to the notice of request for bids or pro proposals? e S County Tax Collector dated Does the vendor have a valid receipt for the business tax aid to the Monroe ( )y p physical q p p y (Please furnish copy.) 2. Does the vendor have a h sical business address located within Monroe Count from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County? L (The physical business address must be recristered as its principal place of business with the Florida Department of State for at least one(1) year prior to the notice of request for bid or proposal.) List Address. � � Telephone Number: B. Does the vendor/ rime contractor intend to subcontract 50% or more of the goods, services or p construction to local businesses meeting the criteria above as to licensing and location? ww_� If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) Telephone Number ,o J k ) ' Address �14 Print Name , _ �t-V8 1? 0 rf L Signature and Tit le mthorized Sigraat'ry for &dder/Respon STATE OF: _ __W__WWW WW_ COUNTY OFa , Subscribed and sworn to(or affirmed)before me by means of❑physical presence or❑online notarization, on (date) by .. b , �) (Z � taw e �� ' (name of affiant). as personally Known tore") or has produced rpe o identat 16h,�,,as identification. NOTARY g E R (SEAL) My commission expires: ` SS ,`� NOTARY '. pi ^ �w Page 26 of 33 4233 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules.Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: •Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer, The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 27 of 33 4234 The Monroe County Board of County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. Page 28 of 33 4235 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners, its employees and officials, l 100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage, fine,penalty or business interruption,and (iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this Page 29 of 33 4236 contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3.Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in frill with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal, r �. �,.. ... PROPOSER S.i .. ------------�. _.m._�� .._�,_.. ._ . ��.�� �ugnature -° Page 30 of 33 4237 Ili i I Air CE AGED"t°" TAI I Ii l I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Worker$ ca�r� enalinra _� No Deductible Liability policies are Occurrence Claims Made Automatic Data Processing Agency Inc Insurance Agency i, nature P 31 of 33 4238 ATE IMM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 04/04/2025 HIS 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. holdjls an ADD—ITI0--N—A IN SURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. — '— L 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 enclorsernent(s). CmTrATT PRODUCER NAME: Autornatic,(Data Processing Insurance Agency, Inc. Automatic D<ita Processing Insurance Agency, Inc,, PHONE 1-800-524-7024 FAX PA/C,No,Ext): AIC,Nor: .NiAn. ADDRESS: 'I AdP Boulevard INSURER(S)AFFORDING COVERAGE NAIC# Roseland NJ 07068 INSURER A: Markel Instmince Cornpany 38970 INSURED SUPERIOR ELECTRIC OF THE FLORIDA KEYS INC, INSURER B: INSURER C 7849 OVERSEAS HWY INSURER D: INSURER E: MARATHON FL 330503122 INSURER F: COVERAGES CERTIFICATE NUMBER: 4231267 REVISION NUMBER: THIS IS TO CERTIFY THAT-l"HE POLICIES OF INSURANCE LISTED BELOW 1--IAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE P6I-IC771FR*F0F INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT '10 WHICH TI IIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE,13 DESCRIBED T-IERFIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDrTTONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL'SUBW I POLIGYEIFF POLLCYEXP f R TYPE OF INSURANCE MiD'WD' POLICY NUMB��MM/ LIMITS RQIY—YY 1 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCL $ DAMAGE.TO REJ4TED CLAIMS-MADE OCCUR PREMiSES iEa occurrenrce)l MED EXP(Any one person) $ PERSONAL&ADV INJURY $ A I GENT.AGGREGAl E LLIMI-f APPLIES PFR: GENERAL,AGGRE(,.',ATr.- $ POLICY 'PFRO CI J j LOC PROl'A,ICIS,-COMP/01PAGiG $ 0111 ER: I AUTOMOBILE LIABILITY LA ANY An r0 BODILY INJURY(Per person) i 0 SCHEDULED WNED i 130011.Y INJURY(Per dC,1(1,Jdei) $ AUTOS ONLY AUTOS 4.7.25 HIRED NON-OWNED PRbPERrY cAmAOC, $ Air I OS ONLY AUTOS ONLY WAMM KtkXy"�-- UMBRELLALTZ 7- FACH OCCURRENCE $ + OCCUR EXCESS LIAB $ GLAIMS-MADE� AGGREGATE DED _J2LEILNTIO�$ $ WORKERS COMPENSATION ..R H- ATuLE AND EMPLOYERS'LIABILITY YIN ANY PROI RIE'I'OR/PAR'TNr7.IVEXECt.)]'IVE ELL.EACH ACCIDENT $ 1,o00,000 A OFFICER/MEMBER EXCLUDED? !N/Ai N MWCO211031-03 03/02/2025 1 03/02/2026 1 (Mandatory in NH) E.L.DISEASE-EA EMPLOYFE $ 1,000,000 If yes,rlesr,,bo mule, J )NS below I!] DISEASE POLIC,y LIMI I 1,000,000 )USCRIP I ION OF OPERA DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contractor License:ER001 3229 ,CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St ALIT14ORI7.ED REPRESENTATIVE Key West FL 33040 C(D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4239 DATE(MMIDD/YYYY) ACC>R" CERTIFICATE OF LIABILITY INSURANCE 03/18/2025 111ii — — 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(ios)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 enclorserne,MIS). PRODUCER 77-7-15aclelys Morales ------------------- Brown&Brown Insurance Services,Inc. PHONE (305) 714-4400 (305)7144401 _LLAIC N -'x : - _ ................................... ----------------------------------- 6825 NW 21 st Terrace ADDRESS: Madelys Mc.)rales@b1brown.com .............. INSUI AFFORDING COVERAGE NAIL# Doral Fl- 33172 INSURERA, Scottsdale Insurance COITIpany ............ ......... ...... ....... INSURED INSURER B, Vantapro Specialty Insurance Company .................... -------......... Superior Electric of the Florida Keys,Inc, JN,sLRERL:-- 7849 Overseas Highway INSURER D: 1-1---.........................................................I.-I�l.,.-.,-"�1.1111--�'.....�.�.,�.................... .......... INSURER E: ..............................-.11,1.l,.----,,-----..,.-.,-"---.,..-_----......-....--..-..-..-..-................ Marathon FL 33050 INSURER F: COVERAGES CERTIFICATE NUMBER: 25,26 GL/25-26 BA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO'rHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT"I ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT"WITH RESPECT10 WHICH THIS CER'T IFicxrE MAY BE ISSUED OR MAY PERTAIR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SOBJECT-I-0 ALL]'I iE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, MN;R, ........ AT.M"SUBIR --P-60ffy II ----------- OF INSURANCE N��L� ��tj TJCY NUMBER 2�=l -.9 LIMITS .................... ........... X (,OMMEfRCIALGIENEIRALLIABILI'TY EACH CCCA.)IRRENCE 1,000,000 '100,000 CLAIMS-MADIL. OCCUR $ $ 5,000 . ------------------. ............. ................... A CPS8173061 03120/2025 03/20/2026 PERSONAL&ADV INJURY $ 1,000,000 . ............... ..........- ................. tt�, 2,000,000 ..f�EN'I.AGGREGATE LIMITAPPLIES PER. L�TE $ ...................... .........--------------- F EC'I' LOC' PRODUCTS�COMP/C)PACG $ IF,L,,Y IRD, 2,000,000 11 1 -,.11 ................. ..............--.11--l"..................... Au'roMOBILE LIABILITY G,0MBINED SIN("AA--LIMIT' $ 1,o 6 IT-60FCarr arri<.tent ........... ANYAUTO BODiLYINJURY(Per Pei Son) $ B OUTOSWNEDONLY SCHED 0SULED 5087132401 02/25/2025 02/25/2026 BODit.YINJLJI�YlForactidelit) $ A AU7 H�RFD NON-OWNE.0 PROPFR5'DAMAGE $ A J10S ONLY AU10S ON ..........--l-I..................... ---------................................... ...............------------- UMBRELLA LIAR EACH CCGURf2ENCE $ .......... ........... ....................... EXCESS LIAR .............- ----------------- C�UR FfE!12�L A 44T ---'WiRKERS COMPENSAT-ON AND EMPLOYERS'LIABILITY Y/N A AY PROPRIETOR/PAR rNEIVEXECILITIVE El EACHACCIDENT $ OII�FICER/MFMBEIR EXCLUbEDP N/A ..................... (Mandatory in NH) .7 4.7.25 E.1.,DI EASE EA EMPLOYEE $ If yes,describe under A,i Lf�R�l 0N,1 E L DISIASE-P01-10Y LIMIT $ ........ .....XM ........... ................ ........................................... DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES ACORD 101,Additional Remarks Schedule,may be attached if mom spaco is mquired) Electrical Contractor Certificate holder is included as Additional Insured as respects to General Liability and Auto Liability where required by written contract. This fora)is subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS, 1100 Simonton St An 1110RIZED REPRESENTATIVE Key West FL 33040 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4240 ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date PIP-Basic _ PIE' _..._..._____._.. __...._......._ ......._ _._..___._ _._..._...__.._..._..,.w_ ...._.__..___._ _......__.w _Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1(7,000 � ._..,., _...._ ..___.._.... __W_. __ _.__... ____..._._... ._....._...__......___.___.___..._ ......_.... ....._.. ._.. __..__ .n__......_._. ._..._.,__.._w. ___..._.r� Ref tt 6'e rkption Coverage Code Form fdo. Edition Date Non-Owned&Hired Liability Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,CIUU,CI00 ..._........._.._ ...__._.._....... ._...._........ ......__... _.....__...__. ..........._. _._......._. .... _........_ .......__. .... _ _ ......., _...,.w_. ........._._......_„__......_..._..ww. ........ _..,._..._...._ _._._._.._. _._._..._....__....._._.._. ... ..____...._.....__.__......_... ._....._ _„ .._.... ._....w_....__......... ............._.._...._._.. .._._..._._. __.._............._. .._...._........._............_ .._W_.... __._,_...._..._....__._..._ n,...__........_...._w...._. 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Edition Date _.� ._.._w _.._._.._ ........ _..__ ___.._ .._._._..._..._._ ._.__...._...__._ _......_. _...._................_._.._.rv._.......... ._......_... .. .........__........._... _._._..............._._..._._....__. Limit 1 Limit 2 Limit 3 Deductible Amount Deductitle'Type Premium ------._....._...._......__._..._..__.. .._._...___ww_._.............._......__._. .. .._.. _._.__�_..._ _..._._W.._.......__ __._.... .........__.._._.... .._.._mm.__.._..._._._.__...._.._.._.._........._._.__.._._. _._,.., _ ---- Ref# Description Coverage Code Form No. Edition Date _............... _........__.... _..... .._.__.w_.... _...._.._. ._.........._ [_1_'.'_ ._._ .._... _.__w ....__._ ,. _. __..... 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Edition Date g Limit 1 Limit 2 Limit 3 Deductible Amount C Deductible Type Premium __... ..._ ._...._ ._.....,w_..._..w. _._.._._.,.._ _.... .._... _._..._ __._.._w.__..........._. _.._..___.__..... __.. _ __....... .......... _.__ _..._..._ .__...._....___...__.,_._....._.....____..._....__._.___......___.._._......._......_....._..,__....__....................__........_._.........._.__._ ._....._......_....... Rut# Description Coverage Code Form No. Edition Date ........ _._....__.._... .__.._...._.._._......._._..�...._.__..._..__._...__._.. . µ. . ..... __..w_,._..._....,.._ ......._.. _ ._...._...__._.__ __..._.._.._. Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Promitarra 0FADT'I..C;V Copyright 2001,AIDS Services,Inc. 4241 AGENCY CUSTOMER ID: 00347094 ...................................... LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown InSUrance Services,Inc. Superior Electric of the Florida Keys,Inc ............... .......... .............1-11-1-1--.1.......... ...........-.1-1................ POLICY NUMBER --......................... ........... CARRIER N IC CODE EFFECTIVE DArE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insuranca Notes ................... ............................. T .................................... ........... .............—----- ------------ ......... .................. ........... T66;i F-61�6 dupe Duty Truck I FDXF46S33EB75648 2010 FORD F550 Truck-Tractor 1FDAF5GY9AEB16924 2010 FORD G3250 Van(C) 1FDWF.3FL4ADA3'7959 2015 NISSAN CARGO Van(C)1N6BF0LY1FN807967 2019 Mercedes Sprinter Van(C)WD3PF0CD5KP0241 81 2009 Chevrolet G2500 Cargo Van(C)I GCGG25C391134307 2020 Dodge PK Pickup truck 3C6JR6DT1LG'I94479 2006 Ford Econoline E350 STnuck 1FDSE35L.86I1A32876 2021 Ford Transit 250 Cargo Van 1 FTBRI C80MKA78682 2021 Ford Transit 250 Cargo Van 'I FTFRI C87MKA82356 2021 Ford Transit 250 Cargo Van 1F'I'BRIC85MKA82338 ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4242 b 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 30140-100784 Business Name: SUPERIOR ELECTRIC OF THE FLORIDA KEYS INC DOUGLA5 BELL MO CTY Owner Name: Business Location. SUMMERLAND KEY, FL 33042 Mailing Address: 368 PERRY AVE Business Phone: 305-396-3404 MARATHON, FL 33050 Business Type: CONTRACTOR(ELECTRICAL) Employees 1, COMP CARD: EC 747 Tax Amount Transfer Fee „ Sub Total Penalty Prior Years I Collection Cost Total Paid 20.00 0.00 20.00 0 00 0.00 0.00 20.00 & ..........w® ......... �._. Paid WRB-23-00075475 07/08/2024 20.00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: SUPERIOR ELECTRIC OF THE FLORIDA RECEIPT# 30140-100784 KEYS INC MO CTY Business Location: SUMMERLAND KEY, FL 33042 Owner Name: DOUGLAS BELL Mailing Address: Business Phone: 305-396-3404 368 PERRY AVE Business Type: CONTRACTOR(ELECTRICAL) MARATHON, FL 33050 Employees 1 COMP CARD: EC 747 20 00 0 00 20.00 0.00 Collection Cost Total Pald Tax Amount Transfer Fee Sub Total Penalty Prior Years 0.00 _ .. .0.o ....m. 2.0..0.0,: Paid WRB-23-00075475 07/08/2024 20.00 4243 SUEstimate PE R,IOR ELECTRIC �M, , ,�rl'Il�u�� �i or lavidO �"�"q, like, � Date Estimate# t� " "ON 522472 'ibraillon shor#s"' Fl. 33052 3/6/2025 E09-12161 305-481-7182 Name/Address Job Address Monroe County Public Works 2798 OVERSEAS HWY 10600 Aviation Blvd Marathon, FL 33050 sd6li 2798 OVERSEAS HWY I REPLACE TWO CONCRETE POLES WITH 30 FOOT CONCRETE POLES(FINAL HEIGHT OF 25') AND FOUR LED PARKING LOT LIGHTING "RA F-5111M ` I'EER t1LE INSTALL CONCRETE 1)11t1 (1 BURIAL POLES �MOVINQ N, 018 D1 ,t" + EXISTING POI al S PRICE INCLUDES INSPECTION FEES&PERMIT FEES This is an Estimate only, totals may change do to L Total $18,400.00 unforeseen circumstances, inflation or material price increase etc. signature 4244 "I I v,II s II IV r I", { cl I R oA Y II rya IV 4" org 1 a.r...u...i.......ir...m.....a....,. ................... 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Filing Information Document Number P05000032779 FEI/EIN Number 20-4374665 Date Filed 03/03/2005 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/01/2014 Principal Address 7849 OVERSEAS HWY MARATHON, FL 33050 Changed: 04/27/2018 Mailing Address PO BOX 522672 MARATHON SHORES, FL 33052 Changed: 04/27/2018 Registered Agent Name&Address RODRIGUEZ, DAVID 7849 overseas hwy MARATHON, FL 33050 Address Changed: 06/17/2021 Officer/Director Detail Name&Address Title P RODRIGUEZ, DAVID 7849 overseas hwy MARATHON, FL 33050 Title V 4245 BELL, DOUGLAS 368 PERRY AVENUE MARATHON, FL 33050 Title Executive Secretary Ely ,Amber D 7849 OVERSEAS HWY MARATHON, FL 33050 Annual Reports Report Year Filed Date 2023 02/01/2023 2024 01/29/2024 2025 01/29/2025 Document Images III �-.L M'5 LNNIL�...L RE1[°.R.1 View!!image iin IFIDIF:foinnniat .. .NINUAIL.iRI1::::Ii:I0IRr. VeW image in funnai ...... ... ...................................................................... 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Q 3../12.3 2 Q..Q 5...............Q o.ii.n..e..s.it.I.c View!!image iini III II foiniat ........... ......................... ................ 4246 4247 ADDITIONAL QUOTES FOR Light Pole Replacements at Marathon Government Center 2798 Overseas Hwy, Marathon 4248 ESTIMATE #736 ESTIMATE DATE Mar 18,2025 EXPIRATION DATE May 3,2025 MPY MIN r I TOTAL $32,468.00 Check Electric LLC 1100 Simonton Street SERVICE ADDRESS Key West, FL 33040 Marathon Government Center 2798 Overseas Hwy Marathon, FL 33050 (305) 709-9864 Thompson-margo@monroecounty-fl.gov CONTACT US 3255 Flagler Ave,303 Key West, FL 33040 ti (305) 292-3369 accounting@checkelectricllc.com ESTIMATE i ooi o 0 Proposal $32,468.00 Scope of work.- -Remove and dispose of two existing concrete light poles. *If existing pole cannot be removed, we would cut the pole at the base, and install new poles next to existing location. -Supply and install two new 35'concrete light poles rated to 180 mph or greater. -Supply and install two new 150W LED fixtures on each pole(4 fixtures). Note: It is not possible to install composite poles on existing concrete pole stubs -- this is not possible with legal 180 mph rating. Plans and specifications:This proposal is based on site visit and information provided by Monroe County in RFS. EXCLUSIONS -Permit&Administrative fees. -Engineering fees(if required). -Private inspector fees (if required). -Unforeseen electrical issues. -Patching/painting repairs. 4249 -Moving of furniture/appliances. -Any additional work not listed in scope above. Services subtotal: $32,468.00 Subtotal $32,468.00 Tax(No Tax 0%) $0.00 Total $321468.00 For billing questions, please call: (305)292-3369 Thank you for your business! Check Electric LLC I EC113004515 http://www.checkelectriclic.com 4250 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, Florida 33050 PROPOSAL FROM: C '-I . j . , L_L` L The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of. Light Pole Replacements at Marathon Government Center 2798 Overseas Hwy, Marathon, Florida 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 farridiarized himself with material availability, Federal, State, and.Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, unatcrial, equipment, transportation services, and all incidentals necessary to perforrn 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 fi.urther 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 ofany 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 madc available, and from inspection and examination of the site. The undersigned agrees to commence perfornance of this Project within Ten (10) calendar clays after the date of issuance to the undersigned by Owner of the Notice to P roc ee€i/P Lire hase Order1'ask Order. Once corrunuenced, undersigned shall diligently contiulue performance until c0111pletion of the Project, The undersigned shall accomplish I-inal Completion of the ProRject within Thirty (30)days, thereafter, unless an extension of° time is granted by the. County. Page 17 of 33 4251 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. Dollars. (Total Base Proposal- words) $ Dollars. (Total Base Proposal -nUnibers) +hi(+u W th(j))C� )Loj(aj C)OW Dollars. (Total Alternate #I- words) S ...--Dollars (Total Alternate #I- nurnbers) I acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No. Dated_ No. Dated Page 18 of 33 4252 MARATHON ELECTRIC SIGN & LIGHT, INC. 10690 AVIATION BOULEVARD MARATHON, FLORIDA 33050 (305) 743-5805 FAX (305) 743-0922 PROPOSAL SUBMITTED TO: M C P W PHONE:305-743-5632 DATE: 03-17-25 ADDRESS: 10600 AVIATION BLVD FAX: PROPOSAL#: CITY,STATE,ZIP: MARATHON, FL 33050 JOB NAME: REPLACE PKG LOT LIGHT POLES ATTENTION: J T JOB LOCATION: MC GOVT CENTER --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR 1: PROVIDE MATERIALS, EQUIPMENT, AND LABOR TO: A) REMOVE AND DISCARD TWO (2) EXISTING CONCRETE LIGHT POLES. B) PROVIDE NEW CONCRETE BASE USING EXISTING CONCRETE POLE STUB. 2: C) INSTALL TWO (2) 25' COMPOSITE LIGHT POLES RATED AT 180 MPH D) INSTALL TWO (2) 15OW LED FIXTURES ON EACH POLE. 3: NOTES: A) PRICE INCLUDES FREIGHT, ENGINEERING COSTS, AND PERMIT B) PRICE IS VALID FOR (120) DAYS. --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- PRICE: $19,550.00 PERMIT ESTIMATE: INCLUDED --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- TERMS AND CONDITIONS PAYMENT TERMS: NET 30 DAYS AFTER DELIVERY PRICE DOES NOT INCLUDE PERMIT FEES OR COSTS,INCLUDING STAFF TIME TO OBTAIN THEM. PRICE INCLUDES ONLY THAT WORK WHICH IS SPECIFICALLY LISTED,CHANGES OR ALTERATIONS WILL INCUR ADDITIONAL COSTS. ALL SIGNS PROVIDED BY OTHERS SHALL BE COMPLETE AND IN WORKING ORDER. ALL ARTWORK FOR SIGNS PROVIDED BY US SHALL BE APPROVED IN WRITING PRIOR TO CONSTRUCTION,CHANGES MADE AFTER INITIAL APPROVAL WILL RESULT IN ADDITIONAL CHARGES. ALL CHARGES ARE DUE IN ACCORDANCE WITH THE TERMS LISTED ABOVE,IN THE EVENT IT BECOMES NECESSARY TO PLACE THE ACCOUNT WITH AN AGENCY OR ATTORNEY FOR COLLECTION,I(WE)AGREE TO PAY ALL COSTS OF COLLECTION,INCLUDING ATTORNEY'S FEES AND HEREBY WAIVE OUR PRIVLEDGE OF BEING SUED IN THE COUNTY OF OUR RESIDENCE AND AGREE THAT SUIT MAY BE BROUGHT IN MONROE COUNTY,FLORIDA. ------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------- ACCEPTANCE OF PROPOSAL THE ABOVE PRICES, SPECIFICATIONS,TERMS,AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK STATED. PAYMENT WILL BE MADE IN ACCORDANCE WITH TERMS STATED ABOVE. DATE OF ACCEPTANCE SIGNATURE PRINTED NAME AND TITLE WKS/Proposals-13.wdb (Revised 01-03-13) 4253 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Contract 4 Effective Date: 04/41/2, 0 5 Expiration Date: 03/31/202 Contract Purpose/Description: Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cory Schwisow 6065 EMG/#14 (Name) (Ext.) epartmen top CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be$100,000.00 or less) TBD (If multiyear agreement then TBn" Not t0 exceed $100,000.00 requires BOCC approval,unless the tcwl cunnila6vvc anloant is S W0,000 00 sir lc"") Budgeted? Yes❑ No ❑X Grant: $ NIA County Match: $ !/A Fund/Cost Center/Spend Category: TESL ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: /A (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Pedro J. Mercado Digitally signed by Pedro J.Mercado Department Head Signature: Date:2025.04.221419:49-04'00' Pedro J. Mercado Digitally signed by Pedro J.Mercado County Attorney Signature: Date:2025.042214:19:49-04'00' Gaelan P Jones Digitally signed by Gaelan P Jones Risk Management Signature: Date:2025.04221138:07-04'00' Purchasing Signature: Lisa Abreu 4/25/2025 OMB Signature: John Quinn Digitally2025.04.ned 3 John Quinn Date:2025.04.23 07:42:05-04'00' Comments: Agreement will only be utilized after a declared,disaster in.Monroe County. Total dollar arnount will be,determined,based on a acga,not to exceed 1 ,000D4). 4254 AGREEMENT FOR LODGING ACCOMMODATIONS MONROE COUNTY and EOS Hotel Mgmt Holdings LLC as agent for DRH Tranquility LLC., d/b/a Tranquility Bay Beachfront Resort THIS AGREEMENT is made and entered into by and between EOS Hotel Mgmt Holdings LLC as agent for DRH Tranquility LLC., d/b/a Tranquility Bay Beachfront 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 WHEREAS, 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 WHEREAS, Tranquility Bay Beachfront Resort is a hotel company hotel that operates in Marathon, FL, manages more than sixteen(16) 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, or for County residents and other persons for non-congregate sheltering in the event of a pandemic. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereby agree as follows: 1.0 Dcscfip on of Goods/Services. Hotel will provide accommodation (lodging) on a space 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 lei nated 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 4255 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 BOCC. 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 Room/Unit 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: N1B-1'Lxt l 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) Both 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, 4256 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 Assignp . 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 Entire Agreernept. 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 Cgqq!!r arts. 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 Notices. Any notice, communication or payment required under this Agreement shall be addressed as follows: County: Contractor: Monroe County BOCC EI S Hotel Mg rat I �r L. C. s t 1100 Simonton St, Ste 2-205 for DR1i Traiiggil t 11C.. /a Key West, FL 33040 Ira u lit Lea d3 a�,hfroju esgL Attn: Christine Hurley, 2a00 Overseas 1 ltglrr 50 Couty Administrator Paratltcar l 1- (1 With a copy to: K ing Thogii L3!rat.....�. thotnpson is label la.com 5.5 p i rit . 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 federal and State ReQUired. Public Records and County Contract Clauses. 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, 4257 $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-Iold Harmless and Indemnification. 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 indemnify, 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 WHEREOF, 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. EOS Hotel Mgmt Holdings LLC as agent for DRH Tranquility LLC.,d/b/a Tranquility Bay Beachfront Executed by: Monroe County BOCC Accepted By: Resort Signature: Signature: Printed Printed Name: Christine Hurley Name: Kim Thompson 4258 Title: CoupV Administrator Title: DOS Date Date 4.2.25 Signed: Signed: 1100 Simonton Street 2600 Overseas Highway Address: Key West, FL 33040 Address: Marathon, FL 33050 hurley- Email: christine(o—) •oecount -11. ov Email: kthoi-npson@istabella.com islabella.corn 4259 ATTACHMENT A REQUIRED FEDERAL AND STATE CONTRACT CLAUSES 1. j!rovi5jjjn5 a. Termination: i. Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time,upon sixty(60)days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement without cause upon sixty(60) days' written notice of its intention to 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) calendar days' 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 COUNTY'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. 4260 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 in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement,the CONTRACTOR,in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R.Part 60(Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor). See 2 C.F.R.Part 200, Appendix 11,¶C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 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 4261 on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 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. 4262 3. Hotel and its subcontractors must follow the provisions, as applicable, as set forth in Appendix II to 1 C.F.R. Part 200, as amended, including but not limited to: A. Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). 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(40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR 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 must 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 and Transit Security Grant Program (it does not apply to other FEMA 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 subrecipient 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 C.F.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 4263 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 to the 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 of the 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 Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 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 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 4264 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 to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5(b)(2). d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 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. Ri lhts to Inventions Made Under a Contract or Apareement. 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. E. Clean Air Act 42 U.S.C. 7401-767 I-q.1 and the Federal Water Pollution Control Act U.S.C. 1251.-1 387 . 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.S.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. Debarment and Sias ensign Executive Order's 12549 and 12689 —A contract award under a"covered transaction"(see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), 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) SAM Exclusions 4265 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. 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 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. G. Bvrd Anti-Lobbying Amendment(31 1.1.'S C. §135 . 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, the attached certification must be signed and submitted by the contractor to the COUNTY. H. Compliance with Procurement of recovered materials as set forth in 2 CFR 2.00.322. 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 affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated 4266 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. I. Aniericans with Disabilities Act of 1990 as arrrerrdedl (ADA)—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. J. l isadvanta ed Business Entermise ff2ffi Poli, y i nd,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 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. 2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BIJSINESS SSE l'S BUSINESS ENTERPRISES,_ANDLABOR SURPLUS ARIA 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 b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when econonAcall feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, ariate, 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. 4267 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 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 F.S. 448.095. L. Enerev Effic.ie - 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. 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. D14S Seal Low and Haas -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. O. !Chaffs 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. P. ,Maintenance of Records. CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination 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 term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or 4268 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. Q. 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) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 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 fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 4269 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 to the contractor's actions pertaining to this contract. 4. Floridg Divisign,2f JLmEggllgy Naoaggmenti The Contractor is bound by any terms and conditions of the Federally-Funded Subaward 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, to the extent allowed and required by law. 5. ffitjda Public Recordl Requiremgmil, 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 rei eived by the County and Contractor in cnjiµnrtinn with this contract and related t0 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. 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 to this 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. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: 4270 a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost,to Monroe County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the Contractor 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, publicrecords@monroccounty-fl.gov, (305) 292-3470. 6. Florida and Monroe County Reg uired Term, . a. Maieure. 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. Govemine,_Lar r Forum for l sgu . The County and Contractor agree that all 4271 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 Il concerning termination or cancellation. c. Right to 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. 4272 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, 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 EGS Hotel M mt Holdings LLC as agent for DR11 Tranquility LLC, d/b1a Tranguili!y Buy Beachfront Resort (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36months. ` i M (Signature)._...._ �....._ ..�... 4.2.25 Date: STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or Ei online M. notarization, on m0 02 (date)by Kim Thompson(name of affiant). 14e/Slave i 1--f— personally known to me or has produced Drivers License (type of identification) as identification. NOTARY PUBLIC" My Commission Expires ZoZ� Oe o% EKATERINA KACHUGINA MY COMMISSION#BH215570 " EXPIRES:January 28,2026 4273 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "E+OS Hotel M mt Holdings LLC as agent for DRI°I Tran uilit LIX. d/b/a Tranquility TranquiliLy Ida Beachfront Resort" (Company) "...warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." cm, Tk'o- -1. ............ (Signature) Date: 4.2.25 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) b6orc me, by means of❑ physical presence or,09,'online notarization, on A t. , 00�date) by Kjm bout son (name of affiant). fIe/She is personallyknown to me or has produced icense _....... (type of identification) as identification. NOTARY k"6''LIC My Commission Expires Y COMMAS, 6o 4 ID-1215510 Z�, ,Ty,yrt.,,, J✓JJJ 4274 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: EOS Hotel Mgrnt Holdings LLC as agentfor I R11 Tray olllm LIX. d/b/a Tian uilit lea Beachfront 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 sworn to (or affirmed)before me, by means of❑ physical presence or l��n ine notarization, on J ' (date)by Kim Thompson (name of affiant). He/She is person ally known to me or has produced Drivers License (type of identification) as identification. NOTARY PUB , ' My Commission Expires: " 1 EKATERINA KACHUGINAI MY COMMISSION#HH2I5570 s EXPIRES:January 28,2026 4275 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: FOS Hotel Gil mt Holdings LLC as a ent for DIRK Tran uilit LLC, d/b/a Tranquilil,1 Bay Beachfront Resort Vendor FEIN: 20-1690499 Vendor's Authorized Representative: Kim T'hoar son Director of Sales (Name and Title) Address: 2600 Overseas Highway City: Marathon State: FL Zip: 33050 Phone Number: 844-209-6758 Email Address: sales k),tran uilit0a acorn 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 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 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: Kim Thompson who is authorized to sign on behalf of the above referenced company. 00 Authorized Signature. `R bffu Th.O'm�O'a'O n- Print Name: Kim 1Thom ason _.. Title: Director of Sales 4276 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 I, Kim Thompson of the city of Marathon according to law on my oath, and under penalty of perjury, depose and say that: a. I am Kim Thompson of the firm of E,OS Hotel MI mt Holdins L1,C as agent for QR.B Tran nili LLC. dlb/a Tranquility Bay B+eachfront.Resort("Entity"),the bidder making the Proposal for the project described in the Request for Proposals for EOS Hotel Mgmt Roldin s LLB"as agent for DRH Tranclifility 1.,LC. d/b/a Tranguility Bay Beachfront Resort and that I executed the said proposal with full authority to do so; b. In accordance with section 287.138, Florida Statutes,the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 9(/bM TkV- ?L (Signature) Date: 4.2.25 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn io (or llirin )before me, by means of❑ physical presence or E online notarization, on..e�'... ....... (date)by Kim Thompson (name of affiant). He/She is personal,ly known to rtt Drivers License or has produced ... ... _ _...... (type of identification) as identification. AI 't Li13L1C My Commission Expires F, 111'1111NI 11111KINA h%a y CO3N1 SS10 #14H 15570 EXPIRES:January 28,2026 4277 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: EOS Hotel Mgmt Holdings LLC as agent for DRH Tranquility LLC., d/b/a Tranquility Bay Beachfront Resort Vendor FEIN: 20-1690499 Vendor's Authorized Representative Name and Title: _Kim Thompson, Director of Sales Address: 2600 Overseas Highway_City:—Marathon State: Fl„ _ Zip:_33050 Phone Number: 844-209-6758 Email Address: kthompson@islabella.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 Scnitinized 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 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 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 List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: _.._._Kim Thompson who is ha authorized to sign on be 1°of th, ove referenced company. Authorized Signature. � � { _............. ......._.... Print Name: Kim Thompson Title: Director of Sales Note: The List are available at the following Department of Management Services Site: htt ://www,dtns.ii orida.coin/business o peratioris/state aurchasin �vcndor information/convi. cted itisp,ended �liscrimir�ator Iona Taints vendor lists 4278 74/1/2025 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: Graham Company, PHONE FAX a Marsh &McLennan Agency, LLC company A/C No Ext: 215-567-6300 A/C,No:215-569-3025 30 S 15th Street, 20th Floor ADDE-MRESS: connelly_unit@grahamco.com Philadelphia PA 19102 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Continental Casualty Company 20443 INSURED DIAMHOS-01 INSURERB: Continental Insurance Company 35289 DRH Tranquility, LLC; DRH Tranquility Tenant, LLC INSURERC: Everest National Insurance Company 10120 c/o Robert M. Currey&Associates, Inc. One Beacon Street, 22nd Floor INSURERD: Boston MA 02108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1567026209 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY GL7064302242 3/31/2025 3/31/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $8,000,000 POLICY❑ PRO JECT LOC PRODUCTS-COMP/OP AGG $8,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAU7064302225 3/31/2025 3/31/2026 COMBINED SINGLE LIMIT $2,000,000 Ea accident X 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 B X UMBRELLALIAB X OCCUR CUE7091778464 3/31/2025 3/31/2026 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC7064302239 3/31/2025 3/31/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? FN] 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 C Excess(5x5) XC4EX00309-251 3/31/2025 3/31/2026 Limit per Occ/Agg: 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Liquor Liability is included on the General Liability Policy. APPROVED BY RISK MANAGEMENT Liquor Liability Limit:$2,000,000 Each Common Cause/Agg BY Gin - stag Garage Keepers is included on the Business Auto Policy. V 04.22: 5 Hotel Name:Tranquility Bay Beachfront Resort/2600 Overseas Highway, Marathon, FL 33050 DATE Monroe County BOCC is included as an Additional Insureds as respects to General Liability. WAIVER NIA X YES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street A4T Key West FL 33040 ^ 'ORIZED PRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 4279