HomeMy WebLinkAbout06/25/2025 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $1,00,000.00 and Under
Canon USA lnc NASPO-ACS FL 187646
Effective Date: 07/01/25
Expiration Date: 06/30/30
Contract Purpose/Description:
Canon Copier Equipment 64 month lease Image RUNNER ADVANCE DX C3926i
FMV lease under NASPO FL contract#187646.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Tammy Acevedo 8776 Parks & Beaches/Stop#2
CONTRACT COSTS
Total Dollar Value of Contract: $ 7135.80 Current Year Portion: $ 356.79
(must be$100,000.00 or less) (If multiyear agreement then
requires BOCC approval,unless the
ion aint ihlii�w 4Im, ni is
sl00,000.00 or l,�kk).
Budgeted? Yes No�
Grant: $ County Match: $ 0.00
Fund/Cost Center/Spend Cate o : 20503-SC 00050
ADDITIONAL COSTS
Estimated Ongoing Costs: $30000/yr For: Copier Meter Usage Charges
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES ❑NO 0
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: John Allen ned Date Digitally s50613yJohn All-0'.2025. . 15'.03'.39 4'00'
Ana Walter Digitally signed by Ana Walter
County Attorney Signature: Date''2025 06.1614''09''53-04'00'
Jaclyn Flatt Digitally signed by Jadyn Flatt
Risk Management Signature: Date''2025'06.1614''50'.34-04'00'
Purchasing Signature: Lisa Abreu DIOde'2025 06 netl5Y 64 26-0
Dzte.202ly ,gn.d b,6 Ab-04'00'
OMB Signature: John Quinn Dlgdal202ly 5 neaby759 J.hn DWnn
Dete.202,g 06 n.d b 01.59.31-04'00'
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
of the keys, inc
(.au fl<� i'r'(: iirOOf,�mj! drrrrl°r�iGF;:�w
Proposal for MC Parks and Beaches under
State Contract# 44100000-24-NASPO-ACS FL 187646
Canon imageRUNNER ADVANCE DX C3926i
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/100Base-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: Big Pine Key Comm. Park 31009 Atlantis Drive, Big Pine Key, FL 33043
Pricing: 60 month state contract 44100000-24-NASPO-ACS FL 187646 at$118.93 per
month for (1)- Canon imageRUNNER ADVANCE DX C3926i effective dates 07/01/2025 -
06/30/2030.
Options included in pricing: as listed in the attached CFS State Contract Equipment and
Services Worksheet
Service and Supply Agreement:
Zero base maintenance program billed under state contract# 44100000-24-NASPO-ACS FL
187646 at rates of$0.0111 per B&W page and$0.0683 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 Christine Hurley,County Administrator
J Christine Hurley Digitally signed by Christine Hurley
John Ribble Date:2025.06.25 14:41:02-04'00'
Legal Reviewer
`/�, Digitally signed by Ana
Ana V Valte+r Datee2025.06.16
14:29:00-04'00'
----------------------------------------------------------------------------------------------
Confidential—not to be shared or copied without the prior written consent of Sands of the Keys,Inc
PAGE 1 OF 1
Contract/Purchase Order Information Customer/Dealer and Contact Information
Customer Legal N.-(Sell To) MC PARKS AND BEACHES Cpstom contactloformatlo. Toner lnclutletl i YES
CUSA Contract Number 44100000-24-NASPO-ACS FL 187646 Customer Poc: ERIKA NODAL Phone: service Begin Date: 1711/25
Purchase Ortler Number Email Atldn- CI _EYik_((UItt OCIYOe COU YItY_f, 305509-0239
T.- 1 60 Lease Type: FMV Billing/Payment POC: Ta mmy Acevetlo Phone:
Customer Rate Factor 1 0.02405 CUSA Rate Factor 0.02110 Email Atltlres A-vedo
Effective Date: 07Ni25 Total Monthly Payment $11693 Dealer Contactlnfprma5on
Upgratle To Keep Amount Rate W. 31009 Atlantis D,Big Pine Key,FL Dealer POC: John Ribble Phone
contact ongin,t,n,gcf,-n,n.- 33043 Email Atltlres IOh YI((U,:-IYIC,Oflhe keV,,C0151 305-]53A002
EQUIPMENT PRICE SERVICE PRICING AND COMPENSATION CFS FUNDING
Monthly Monthly Monthly B&W Color Dealer Qealer Extended CFS Total Extend.d Total
C.-d Purchase Total Con-Equipment Equipment Service Extended Copies Excess Excess Monthly B&W Qealer Color CFS Funding Funding 5h-t / Monthly Monthly
QT Model Description Price Pun-Price Price Price CLIN Price Service Price Incl. Rate Rate Comp. Excess Rate Excess Rate Amount Amount Overage Payment Payment
mage
1 ADVANCE DX C3926i $ 3,134.80 $ 313480 $ 7539 $ 7539 $ $ 0 001110 0.06830$ 000000 0.00000$ 3,57308 $ 3,57308 $ (43828)$ 7539 $ 7539
e 1 AW1 $ 991.00 $ 99100 $ 2383 $ 2383 $ $ 0 0.00000 000000$ 000000 0.00000$ 1,12955 $ 1,12955 $ (13855)$ 2383 $ 2383
1 Inner FinisherTl $ 819.50 $ 81950 $ 1971 $ 1971 $ $ 0 000000 0.00000$ 0.00000 0.00000$ 93407 $ 93407 $ (11457)$ 1971 $ 1971
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000.$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ o 000000 0 00000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000222$ 0 00000 0.00002$ $ $ $ $
$ $ $ $ $ $ 0 0.00000 000000,$ o 00000 0.00000$ $ $ $ $
Sub Total $4,965.30 $4,965.30 $116.93 $116.93 $0.00 $0.00 $0.00 $5,636.]0 $5,636.]0 -$691A0 $116.93 $116.93
Total Financed:
SPECIAL INSTRUCTIONS/COMMENTS
MAINTENANCE CHARGES BILLED THIRD CFS BASED ON ACTUAL COPIES MADE @$.0111 PER BLACK B IAMITE COPY/PRINT,@$0683 PER COLOR COPY/PRINT.
Submitted by: JOHN RIBBLE
DEALER COMPLIANCE AGREEMENT
FOR
NASPO ValuePoint#187646
State of Florida #44100000-24-NASPO-ACS
Dated: 01/02/2025 (the"Effective Date")
To confirm your agreement to the terms and conditions set forth below, please sign and email the signed copy to
ib ur (cz?cusa.canon.coim. This Agreement and your eligibility for participation in the NASPO ValuePoint Program
for the above-referenced State, under the terms and subject to the conditions of this Agreement, when entered into by
you shall be effective as of the Effective Date.
Canon U.S.A., Inc. ("Canon") Dealer Name: Sands of the Keys
One Canon Park Dealer Principal: George H. Sands
Melville, NY 11747 Address: 86490 Overseas Hwy
City, State, Zip Code: Islamorada, FL 33036
Dealer Code: S227
State: Florida
State Contracting Agency: Department of Management Services
State Participating Addendum: #44100000-24-NASPO-ACS
Canon is the contract holder on the NASPO ValuePoint Master Agreement (Contract Number 187646) lead by the State
of Colorado for Copiers and Managed Print Services (the "NASPO Master Agreement") and the State Participating
Addendum referenced above (the "State Participating Addendum" and, collectively with the NASPO Master
Agreement, the "State NASPO Contract"). Canon will send to Dealer via e-mail a copy of the State Participating
Addendum as currently in effect, as well as a link to the complete State NASPO Contract on the NASPO ValuePoint
website and/or Canon's Partner Portal.
Canon is willing to appoint the above-named Canon authorized dealer ("Dealer") to supply products and services under
the State NASPO Contract to eligible Purchasing Entities thereunder, subject to the terms of this Agreement.
1. NASPO ValuePoint Program: By entering into this Agreement, Dealer agrees to participate in the NASPO
ValuePoint Program as implemented in the above-referenced State pursuant to the State NASPO Contract (the
"NASPO ValuePoint Program"), and to supply Products and Services (as hereinafter defined), on and subject
to the terms and conditions of the State NASPO Contract and this Agreement, to each Purchasing Entity (as
hereinafter defined) which desires to procure Products and Services from Dealer under the State NASPO
Contract. Supply of Products (by purchase or lease) and Services to Purchasing Entities shall be by the
Purchasing Entity's purchase order (and in the case of any Purchasing Entities that are State Agencies, the
purchase order form which is attached to the State Participating Addendum) (collectively, "Purchase Orders").
Dealer and its Purchasing Entity may agree to terms and conditions which modify or supplement terms and
conditions of the State NASPO Contract, but Dealer shall not agree to any terms or conditions modifying or
supplementing terms and conditions of the State NASPO Contract if such modified or supplemental terms
conflict with any of the provisions of the State NASPO Contract (unless such conflicting provisions are more
favorable to the Purchasing Entity). Terms and conditions inconsistent with, contrary or in addition to the terms
and conditions of the State Participating Addendum may not be added or incorporated into the Purchase Orders
by any subsequent Purchase Orders or otherwise.
1
Dealer's participation in the NASPO ValuePoint Program is subject in all respects to the terms and conditions of
this Agreement and, as provided herein, to the terms and conditions of the State NASPO Contract applicable to
Dealer's activities under the NASPO ValuePoint Program. Dealer's participation in the NASPO ValuePoint
Program, including order processing, deliveries, installations, invoicing and collection of monies, and other
related and incidental activities necessary or desirable for its participation in the NASPO ValuePoint program,
shall be at its sole risk, cost and expense, except as otherwise expressly provided in this Agreement.
This Agreement shall automatically terminate at such time as the State NASPO Contract expires or is
terminated, but obligations incurred by Dealer hereunder to Canon or to Purchasing Entities who procured
products or services under the NASPO ValuePoint Program shall survive such expiration or termination. The
State NASPO Contract replaces a previous group purchasing contract between Canon and NASPO (Master
Agreement #140595); even if Dealer participated in the previous NASPO contract through a previous Dealer
Compliance Agreement, Dealer is not eligible to participate in the new NASPO ValuePoint Program under the
State NASPO Contract unless and until it enters into this Agreement.
2. Scope, Eligibility and Pricing:
a. Covered Products and Services. Current lists of products and services covered under the State
NASPO Contract (respectively, "Products" and "Services")will be available on Canon's Partner Portal.
Dealer may sell to eligible Purchasing Entities under the State NASPO Contract any or all Products and
Services which it is authorized to sell under Dealer's dealer agreements with Canon. To the extent that
Dealer receives Purchase Orders under the State NASPO Contract for any Products and Services
which it is not authorized to sell under its dealer agreements with Canon, Dealer shall refer each such
Purchase Order to Canon immediately upon receipt.
b. Purchasing Entities. Customers eligible to procure products and services using the State NASPO
Contract ("Purchasing Entities") are the above-referenced State, its counties, districts and other
political subdivisions, and other entities as may be specified in, but subject to the requirements of, the
State Participating Addendum. Even if a prospective customer is eligible as a Purchasing Entity to
make procurements under the State NASPO Contract, any sale of Products and Services to such
customer shall be subject to the terms and conditions of this Agreement only if Dealer and the customer
have agreed that the sale shall be under and subject to the terms and conditions of the State NASPO
Contract.
c. Pricing and Price Quotes. The State NASPO Contract establishes charges and fees to Purchasing
Entities for all Products and Services. Current charges and fees for Products and Services under the
State NASPO Contract will at all times be available to Dealer on Canon's Partner Portal. Dealer shall
not quote to a prospective Purchasing Entity or charge to a Purchasing Entity prices (including lease
rate factors) which exceed the then-current prices for the Products and Services under the State
NASPO Contract, but these are "not to exceed" prices and Dealer shall have the right to quote or
charge lower prices in its discretion.
d. Leasing. Leasing is permitted under the NASPO Master Agreement subject to the State Participating
Addendum. Leasing can be provided by Dealer to Purchasing Entities through Canon Financial
Services, Inc. ("CFS"), subject to such credit approval and other requirements as it may establish from
time to time. Payments to Dealer for Products leased under the State NASPO Contract through CFS,
and other terms and conditions applicable to leasing under the State NASPO Contract through CFS,
shall be pursuant and subject to such terms and conditions as CFS or Canon may establish from time
to time for the NASPO ValuePoint Program, and to the extent not consistent therewith such terms and
conditions as are generally applicable to leasing provided by CFS to Dealer as a Canon authorized
dealer. The pricing available on Canon's Partner Portal will specify the then-current lease rate factors at
which leasing of Products under the State NASPO Contract will be available through CFS (i.e., the
monthly rental amount payable for a lease shall be the Product purchase price multiplied by the then-
current lease rate factor applicable to the lease's lease term). Subject to Canon's prior written approval,
leasing through Dealer's wholly owned finance organization may be permitted under the State NASPO
Contract; provided that (i)any such leasing must be in full compliance with the terms and conditions of
2
the State NASPO Contract, including all applicable terms in the Canon Lease Agreement attached to the
NASPO Master Agreement as Attachment 1, (ii)the lease rate factor used for any such leasing shall not
exceed the then-current CFS lease rate factor for leasing through CFS under the State NASPO
Contract; and (iii)for any such non-CFS leasing to be used by Dealer, a Purchasing Entity shall issue a
PO in lieu of a lease agreement and reference the type of lease or rental (FMV Lease, Straight Lease,
Capital Lease)on the PO.
e. Administrative Fee. The NASPO Master Agreement requires an Administrative Fee of 0.25% to be
paid by Canon to the NASPO Cooperative Purchasing Organization, and an additional Administrative
Fee of 1% to be paid by Canon to the above-referenced State for Cooperative Purchasing members, on
all sales made by Dealer under the State Participating Addendum. Products supplied to Purchasing
Entities by leasing (whether through CFS or otherwise) are deemed to be sales for purposes of the
Administrative Fee, with the Administrative Fee based on the full purchase price used by Dealer to
calculate the rental amounts of each lease. The Dealer's charges and fees to Purchasing Entities for
Products and Services under the State NASPO Contract shall be inclusive of all Administrative Fees,
and no offer or invoice to a Purchasing Entity shall separately list or otherwise disclose the amount of
the Administrative Fee. Administrative Fees are payable on a calendar monthly basis. Dealer shall be
required to pay to Canon the full amount of such Administrative Fees on all sales by it of Products and
Services, but Canon may elect from time to time in its discretion, in order to support sales by Dealers
under the NASPO ValuePoint Program, to require Dealer to pay to Canon only a portion of such
Administrative Fee. Under the #187646 NASPO Agreement, Administrative Fees on Services may be
defined as either "Life Cycle Service and Supplies" service spend, or "Usage Based Service and
Supplies" service spend, depending on the type of Product sold. Dealers should review Section 5.2 of
the NASPO ValuePoint Master Agreement and the Canon provided contract documentation for further
guidance on the application of the Administrative Fee.
f. Service Requirements. The State NASPO Contract sets forth certain minimum service requirements
related to the Products and Services. In its performance of Services, Dealer shall comply with all such
service requirements as detailed in the State NASPO Contract. Dealers and Purchasing Entities may
agree to additional or supplemental SLAs and other service requirements related to the Products and
Services, provided they are no less favorable to Purchasing Entity than those service requirements set
forth in the State NASPO Contract.
3. Dealer Responsibilities - General: Dealer agrees to abide by all terms and conditions of the State NASPO
Contract to the extent applicable to its supply of Products and Services by sales (including leasing in the case of
Products) to Purchasing Entities under the State NASPO Contract, including all order processing, deliveries,
installations, invoicing and collection of monies for purposes of or in connection with such supply of Products
and Services, and all necessary or desirable related and incidental activities. In the event of conflict between
the NASPO Master Agreement and the State Participating Addendum, the terms and conditions of the State
Participating Addendum shall govern. Without in any way limiting the generality of the foregoing, Dealer shall
not in any way act or fail to act so as to cause Canon to be in default of its obligations under the State NASPO
Contract. Dealer also agrees to perform and comply with its obligations as stated in this Agreement, but such
obligations as stated herein are subject in all respects to the provisions of the State NASPO Contract, and in the
event of any conflict between obligations as stated in this Agreement and in the State NASPO Contract, the
obligations as stated in the State NASPO Contract shall govern. In addition to the requirements of the State
NASPO Contract, Dealer shall also comply with any terms that it has agreed to with each Purchasing Entity (in
a Purchase Order or otherwise) that modify or supplement the terms and conditions of the State NASPO
Contract.
Dealer is not an assignee of any of Canon's rights under the State NASPO Contract except as expressly
provided in this Agreement. Canon will retain responsibility for all obligations under the State NASPO Contract
relating to the overall management and administration of the State NASPO Contract, including without limitation
all reporting to and other communications with NASPO Cooperative Purchasing Organization and the State
Contracting Agency referenced above. Dealer will assist Canon in the resolution of any issues under the State
NASPO Contract with any Purchasing Entity or with NASPO Cooperative Purchasing Organization or the State
3
Contracting Agency referenced above, as requested by Canon. Canon reserves the right to supervise and
review all aspects of Dealer's performance under the State NASPO Contract. Any fees, penalties or liquidated
damages assessed against Canon by NASPO ValuePoint or a Purchasing Entity under the State NASPO
Contract as a result of Dealer's, or its representative's, agent's or subcontractor's, acts or omissions will be
Dealer's responsibility to pay, credit or cure.
4. State NASPO Contract Period: The initial term of the State NASPO Contract is effective through July 31,
2026. Canon will notify Dealer of extensions of the term of the State NASPO Contract, and Dealer agrees that
this Agreement shall continue to apply through all such extensions.
5. Dealer Responsibilities — State Specific: Without in any way limiting the generality of Section 3 above, or the
other provisions of this Agreement, Dealer acknowledges, and agrees that it will comply with, the requirements
specific to State Participating Addendum, including without limitation those listed in Exhibit A hereto.
6. Confidentiality:
a) Dealer shall comply with all confidentiality obligations of, and restrictions on use of, information of
applicable entities set forth in the State NASPO Contract as being applicable to Canon, or to Canon's
resellers or dealers under the State NASPO Contract.
b) Canon may, in its sole discretion, elect to share sales leads with Dealer related to the NASPO
ValuePoint Contract. If so, Dealer acknowledges that such sales leads are Canon confidential
information and may only be used by Dealer for purposes of Dealer's sales of Canon brand equipment
under this Agreement.
7. Indemnification; Lease Recourse Liability: Dealer agrees to indemnify and hold Canon free and harmless
from any loss, damage or cost, including legal expenses and reasonable counsel fees, resulting from any
Purchasing Entities or other third party claims against Canon (including without limitation for death, injury, or
damage to property) by reason of, arising out of, or relating to, (i) Dealer's failure to comply with its contractual
obligations under this Agreement, and (ii) any Purchase Orders solicited, originated or accepted by Dealer
pursuant to the State NASPO Contract, including without limitation claims resulting from any actual or alleged
acts or omissions of Dealer or of Dealer's employees, representatives, or agents, or performance or non-
performance of any obligations under the Purchase Orders (whether those obligations are incurred in
accordance with the terms of the State NASPO Contract or are supplemental thereto). Canon shall use
reasonable efforts to give Dealer prompt written notice of any such claim, but Canon's failure to do so shall not
to any extent relieve Dealer of its indemnification obligations hereunder.
Dealer acknowledges that for all leasing through CFS under the State NASPO Contract, CFS will have the right
under certain circumstances to full reimbursement from Canon of all lease rental payments to the extent not
received by CFS from Purchasing Entities, including in the event that the leases are terminated, or the
Purchasing Entities cease payments thereunder, prior to the expiration of the stated lease term for any reason
whatsoever. Dealer shall promptly reimburse Canon for the full amount of any such reimbursement owed to
CFS as a result of any such non-receipt, whether or not such non-receipt is attributable to any act or omission
of Dealer, such as early termination of the lease. Notwithstanding the foregoing, CFS' and Canon's policy is to
exclude reimbursement only in the case of early termination due to non-appropriation, but application of this
policy will be made by CFS and Canon on a case-by-case basis in their sole discretion.
8. Product Purchases: Credit support from Canon for Products purchased by Dealer through Canon's Dealer
Sales Division and re-sold by it to Purchasing Entities through the NASPO ValuePoint Program, if any, will be
through the Canon Strategic Marketing Plan (CSMP) system. Dealer will file claims for credit support (each a
"Claim") through the CSMP system. Claims must include a copy of the Purchasing Entity's unaltered purchase
order(s) showing State NASPO Contract number and a copy of Dealer's unaltered invoice to the Purchasing
Entity or in the case of leases to CFS, or if this is not available the Claim must include such State NASPO
Contract Acknowledgement Form signed by the Purchasing Entity as Canon may require. All Claims must be
submitted within 30 days of Product installation. Credit will be issued by Canon's Regional Administration to
Dealer according to the Canon Strategic Account Plan NASPO ValuePoint Credit List.
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9. Additional Dealer Requirements:
In connection with fulfilling its obligations under the State NASPO Contract and this Agreement, and without
limitation of any of its other obligations under this Agreement, Dealer agrees to:
a. Provide superior service to all Purchasing Entities.
b. Maintain good standing with the above-referenced State and any agencies necessary to do business in
the above-referenced State.
c. With respect to equipment leasing through CFS, upon expiration of the lease term or cancellation,
Dealer shall notify and coordinate with CFS regarding any outstanding Purchasing Entity lease
payments, the timing for equipment de-installation and shipment, or any other end-of-lease actions that
are necessary. Dealer is responsible for the de-installation and shipping of such equipment to the
location designated by CFS, including all associated costs.
d. Perform all services related to the cleaning, purging, or destruction of hard drive data on Canon
equipment in accordance with the provisions of the State NASPO Contract consistent with the
directions of the Purchasing Entity.
e. Secure from Canon prior approval for the release of any information that pertains to the potential work
or activities covered by the State NASPO Contract. Dealer shall not make any representations of the
opinion or position of NASPO Cooperative Purchasing Organization as to the quality or effectiveness of
the Products or Services without prior written consent.
f. During the term of this Agreement and for so long as any of its Purchase Orders remain in effect,
maintain in full force and effect insurance as required to be maintained by Canon under the NASPO
Master Agreement and, if so provided therein for Canon and/or its resellers or dealers, under the State
Participating Addendum, and shall comply with all requirements set forth in the NASPO Master
Agreement and, if applicable, in the State Participating Addendum relating to such insurance.
g. Conduct account review meetings as required by the Purchasing Entity pursuant to the State NASPO
Contract.
h. Regarding this Agreement, Dealer must:
(1) Provide a dedicated contact person responsible for all administrative and reporting
deliverables. Dealer must provide name, title, phone, and email:
Name: Marti Mincer Title:Administrator
Phone: 305-852-4378 Email: admn1@sandsofthekeys.com
(2) Provide a dedicated contact person responsible for all sales leads and bid opportunities.
Dealer must provide name, title, phone, and email:
Name: John Ribble Title: Sales Associate
Phone: 305-783-8002 Email:john@sandsofthekeys.com
10. Monthly Reports: In order for Canon to meet the State NASPO Contract's requirement to submit a monthly
report of Products and Services sales and leasing, and Dealer must provide Canon with a report of such sales
and leasing under the State NASPO Contract by the 5th calendar day (or, if not a business day, the next
succeeding business day) of the month for the previous month. Even if there have been no sales during the
5
reporting quarter, Dealer must still submit a report to indicate zero sales received. Such reports shall include all
information required for Canon to comply with its reporting obligations to NASPO Cooperative Purchasing
Organization under the NASPO Master Agreement and to the State Contracting Agency referenced above
under the State Participating Addendum. Failure to comply with the provisions of this Section may lead to
chargebacks of credits that may have been provided under any available Canon programs for the NASPO
ValuePoint Program, and/or reimbursement to Canon of any penalties charged to Canon and/or termination of
this Agreement. Canon shall have the right, and Purchasing Entities, NASPO Cooperative Purchasing
Organization and the other entities referred to in the State NASPO Contract shall have the right to audit
Dealer's books and records to the same extent that such entities have the right under the State NASPO
Contract or under applicable law to audit Canon's books and records. Monthly reports must be sent to the
Compliance team's shared mailbox (currently, BISG_DealerReport_Gout@cusa.canon.com) to verify. Canon
will notify Dealer of any new reporting instructions related to the monthly reports or for website entry, if
available. Dealer agrees to provide to Canon the required performance reporting on a monthly basis using the
template supplied for this purpose by Canon to Dealer; such template may be revised by Canon from time to
time.
11. Termination: Either Canon or Dealer may terminate this Agreement, in whole or in part, at any time for any
reason upon thirty (30) days' written notice to the other party. This Agreement shall also be automatically
terminated in the event that the State NASPO Contract is terminated for any reason whatsoever. Termination of
this Agreement shall not affect Dealer's obligations hereunder prior to the date of termination and to Purchasing
Entities under orders for Products or Services entered into prior to the date of termination, all of which shall
survive and shall continue to be governed by the terms and conditions of this Agreement.
12. Choice of Law, Jurisdiction and Venue: This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, without regard to its conflict of laws principles. Dealer agrees that any
and all actions, suits or other legal proceedings arising under this Agreement, and regardless of legal theory,
may be brought by Dealer against Canon only in a state or federal court situated within the County of New York,
State of New York, and Dealer consents to the exclusive jurisdiction of such courts in any such legal
proceeding.
13. Assignment and Subcontracting; Entire Agreement; Etc.: Dealer may not assign any of its rights or
obligations hereunder without the prior written consent of Canon, which consent may be withheld in its sole
discretion, and any such purported assignment without such consent shall be void and of no force or effect.
Assignment or subcontracting of any of Dealer's rights or obligations under the State NASPO Contract,
including assignment or subcontracting regarding a certain Purchase Order, shall be permitted only if and as
provided in the State NASPO Contract. In many cases such Dealer assignment will require a State's prior
written consent. This Agreement constitutes the entire agreement concerning its subject matter, superseding all
previous proposals, oral or written, but shall in no event be construed as limiting or otherwise modifying any of
Dealer's obligations under its dealer agreements with Canon. This Agreement will not be modified or amended
unless in writing without express written authorization from Canon. In the event of a conflict between these
dealer agreements and this Agreement, the terms of this Agreement will prevail with respect to Dealer's
participation in the NASPO ValuePoint Program.
IN WITNESS WHEREOF, this Agreement has been executed by a duly authorized representative of Dealer as of
the date specified below effective as of the Effective Date.
Dealer: Sands of the Keys, Inc.
Geor e H. Sands
11�-
X George H.;ands Jan 2,2025 15,A8 r fj
Authorized Dealer Official Signature
George H. Sands 01/02/2025
Printed Name Date
6
EXHIBITA
to Dealer Compliance Agreement
STATE PARTICIPATING ADDENDUM REQUIREMENTS
1. Dealer understands that Canon's approval is required in order to offer financing through Dealer's wholly owned
finance organization, and not use CFS. Dealer agrees to place a request with their TSE and await Canon's
approval through the Contract team prior to offering financing through Dealer's wholly owned finance
organization on any leases.
2. All POs must be submitted to Canon U.S.A., Inc. Dealer agrees that all sales solicited under the contract will be
routed properly to Canon U.S.A., Inc. per the contract requirements.
3. All customer payments must be sent directly to Canon U.S.A., Inc. Dealer understands and agrees that Dealer
cannot invoice customers under this contract.
7
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°° IIII IIII
Final Audit Report 2025-01-02
Created: 2025-01-02
By: John Ribble Oohn.ribble@gmail.com)
Status: Signed
Transaction ID: CBJCHBCAABAAEOb2SW-1BINfFkCM1PUIQTZONOP0OGHf
"NASPO AN187646 Florida DCA_12. 15.2024" History
Document created by John Ribble Qohn.ribble@gmaiLcom)
2025-01-02-7:24:26 PM GMT-I address:71.226.21.4
Document emailed to George H. Sands (gsands8@yahoo.com)for signature
2025-01-02-7:24:30 PM GMT
Email viewed by George H. Sands (gsands8@yahoo.com)
2025-01-02-8:47:00 PM GMT-I address:69.147.86.138
Document e-signed by George H. Sands (gsands8@yahoo.com)
Signature Date:2025-01-02-8:48:13 PM GMT-Time Source:server-I P address: 173.9.136.206
Agreement completed.
2025-01-02-8:48:13 PM GMT
Adobe Acrobat Sign
ADDENDUM
(Federal Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth! therein:
Federal clauses, Recognizing that a portion of the funding for this Project comes from one or more
federal awards as that term is defined in 2 C.F.R. §200.38, the following provisions from 2 C.F.R.
part 200 including Appendix 11 to part 200 apply to this Agreement:
a) SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS. The County strongly
encourages the use of women-, minority-and veteran-owned business enterprises
(SBEs)and wishes to see a of 5%of the contract or subcontracts awarded pursuant to
this RFP go to SBEs. Contractor shall provide good faith effort and associated
documentation. Contractors may search for Florida registered SBEs at:
jjttlL.11 -d e f SL!f.�Qljer Jvef'Stty— "Hir
_..y �,�L_nl.i�,iistratiori/offic _0 2
...... .....
Any proposal submitted in which the vendor is certified as an SERE, or in which the vendor
proposes to use S U bcon tractors that are certified as SBEs, Must submit proof of the
registration or certification from a federal, state or local authority in order to receive credit
for the use of the SBE.
b) Audit of records. Contractor shall grant to the County, Florida Division of
Emergency Management(FDEM), Federal Emergency Management Agency(FEMA),
Florida Department of Transportation, the Federal Government, and any other duly
authorized agencies of the State or Federal Government or the County where
appropriate the right to inspect and review all books and records directly pertaining to the
Contract resulting from this RFP for a period of five(5)years after final grant close-out
by FEMA orDEM, or as required by applicable County, State and Federal law, Records
shall be made available during normal working hours for this purpose.
In the event that FEMA, DEM, or any other Federal or State agency, or the County,
issues findings or rulings that the amounts charged by the Contractor, or any portions
thereof, were ineligible or were non-allowable Linder federal or state Law or regulation,
Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the
Contractor shall agree that the amounts paid to the Contractor shall be adjusted
accordingly, and that the Contractor shall, within 30 days thereafter, issue a remittance
to the County of any payments declared to be ineligible or non- allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of
Contractor's operation as a whole, or of specific Project activities,
c Federal Nondiscrimination Clauses. During the performance of this
Agreement, the Contractor 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: 'Er°nlaloyment, upgrading,
............
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race,color, religion, sex,sexual orientation,
gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the employee
or applicant or another employee or applicant. This provision shall not apply to instances
in which an 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 all 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 appliicants 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 boots,
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 forfurther Government contracts in accordance with
procedures authorized in Executive Order '11246 of September 24, 1965„ and such other
sanctions may be unposed 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.
( ) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through ( ) 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 su b ontra ctol or
_ rc
vend r�or. The contractor will take such action with respect to any �iMalna�c�l�tr�ac lct or purchase
as the ldicninNW ydirect as a paeans of enforcing such arovisions
2
................
including sanctions for noncompliance-, provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a SUbcontractor or vendor is 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.
------------ ------------ ............-------
d Contractor agrees to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C, 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to
FEMA and the Regional Office of the EnvironmentM Protection Agency(EPA).
e) 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 su:brecipient 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.
.....................
Q Clean Air Act (42 U.S.C. 740,1-7671q.) and the Federal Water Pollution
Control Act(33 U.S.C. 125 1-'1387), as amended!. Contracts and subgrants of amounts
in excess of $150,000 rnLlSt cornply with all applicable standards, Orders of'regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations Must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
...... ..
g) Debarment and Suspension..(Executive Orders 12549 and 12689).-A
contract award (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 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," SAM Exclusions contains the names of parties debarred, Suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549,
h Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply
or bid for an award exceeding $100,000 must file the required certification, Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier Must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
---------------- ----------
i) Procurement of recovered rnaterials as set forth in 2 CFR§200322.
....................
Americans with Disabilities Act of 1990 (ADA) —The Conti-actor 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.
3
4
.......... ...... .........—
The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act (40 I9 34,r suppler-rented by Department of Labor
j), as supplef
regulations (29 CFR Part 3,, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Pail by Loans or Grants frorn the United
States").The Act provides that each contractor or subrecipient must be prohibited
from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the cornpensafion to
which he or she is otherwise entitled. The non-Federal entity MUSt report all
suspected or reported violations to the Federal awarding agency.
Contract Work Flours and Safety Standards Act kj_q.G. 3701-3708). Where
applicable,all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision
for compliance with 40 ITS.C. 3702 and 3704, as supplemented by Department
of Labor regulations (�?g r L-J-"�J! Under 40 U.S.C. 3702 of the Act, each
�j
contractor must be required to CornpUte the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Wort< 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 LVS,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.
...........
5
ADDENDUM
(State and Local Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein:
1. Florida Public Records law(F.S. 119.0701).
RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including
but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the contractor keeps and maintains public
records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Monroe County, upon request from the public agency's custodian of
records, in a format that is compatible with the information technology systems of
Monroe County,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470,
publicrecords(a.monroecounty-fl.gov c/o Monroe County Attorney's Office, 1111
12t" St., Suite 408, Key West FL 33040.
2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all
contracts for purchases of services or goods > 1 year): Monroe County's
performance and obligation to pay under this contract is contingent upon an annual
appropriation by the BOCC.
3, Insurance Requirements (Monroe County Risk Manual): The vendor is required
to provide the following insurance coverage-.
Prior to or at time of execution of the agreement, the vendor shall provide a
certificate of insurance evidencing current coverage in this amount. Therefore, the
vendor shall provide updated certificates whenever the coverage is renewed.
4. Public Entity Crime Statement (required for all procurement documents and
contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or
affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list. As
used herein, the term "convicted vendor list" means a list maintained by the Florida
Department of Management Services, as defined in F.S. 287.133,
By entering in this Agreement, the vendor acknowledges that it has read the above
and states that neither the vendor nor any Affiliate has been placed on the
convicted vendor list within the last 36 months.
5. Ethics Clause (required for all contracts by Monroe County Ordinance No.
10-1990): By entering in this Agreement, the vendor warrants that he/it has
not employed, retained or otherwise had act on his/her behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990.
For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021,
every public employer, contractor, and subcontractor shall register with and use the
E-Verify system to verify the work authorization status of all newly hired employees.
By entering into this Agreement, the vendor certifies that it registers with and uses
the E-Verify system. If the contractor enters into a contract with a subcontractor,
the subcontractor must provide, the contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The contractor shall maintain a COPY Of Such affidavit for the duration of the
contract.
7. Scrutinized companies (F.S. 287.135):
a. (Applies to contracts > $1 million): This contract is terminable at the option of
the awarding body if the vendor is found to have submitted a false certification as
defined below, has been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List as those terms are defined in F.S. 287.135, or been engaged
in business operations in Cuba or Syria.
i. False certification: At the time a company submits a bid or proposal for a
contract or before the company enters into or renews a contract with an
agency or local governmental entity for goods or services of $1 million or
more, the cornpany must certify that the company is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the, Iran Petroleum Energy Sector List and that it does not
have business operations in Cuba or Syria. At the time a company
Submits a bid or proposal for a contract or before the company enters into
or renews a contract with an agency or focal governmental entity for goods
or services of any amount, the company must certify that the company is
not participating in a boycott of Israel. By entering into this agreement, the
vendor certifies that the company complies with these requirements.
b. (Applies to all contracts): This contract is terminable at the option of the
awarding body if the company is found to have been placed on the Scrutinized
Companies that Boycott Israel List as that term is defined in F.S. 287,135 or is
engaged in a boycott of Israel.
8. Payment: Invoices will be paid in accordance with the Florida Local Government
Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk
with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules, and
regulations as may govern the Clerk's disbursal of funds.
9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or
extended between a nongovernmental entity and a governmental entity, the
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: e)',- •Twgs.
Vendor FEIN: _j_- l - M qLV )
Vendor's Authorized Representative: 6,1 r)Z60 N
(Name and Title)
Address: E6,* q qo o tyq
city, .
State: r- Zip- 3 3-�) "3 4
.....
Phone Number:
Email Address: <,cryq
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:
11. 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 docurnent, or any
other actual or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of
Section 893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury
that Vendor does not use coercion for labor or services in accordance with Section
787.016. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees
to abide by same.
Certified By: 6/�01Z&1c' H
who is authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name: 64cv2.
Title:-- 0
ADDENDUM
(Federal Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein.
Federal clauses, Recognizing that a portion of the funding for this Project comes from one or more
federal awards as that term is defined in 2 C.F.R.§200.38,the following provisions from 2 C.F.R.
part 200 including Appendix II to part 200 apply to this Agreement:
BUSINESSES,
U
ENTERPRISES,AND LABOR SURPLUS AREA FIR S. The o BUSINESS
SMALL AND MINORITY BUSINE
A FIRMS. The County strongly
encourages the use of women-, minority-and veteran-owned business enterprises
(SBEs)and wishes to see a of 5%of the contract or subcontracts awarded pursuant to
this RFP go to SBEs. Contractor shall provide good faith effort and associated
documentation. Contractors may search for Florida registered SBEs at:
N,ltp /ItivW , , a , ,. 1 wa «�tr t hm f wof ..l.t kwl.l wrh a u �,lyr ap�a_d
Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor
proposes to use subcontractors that are certified as SBEs, must submit proof of the
registration or certification from a federal, state or local authority in order to receive credit
for the use of the SBE.
b) Audit of records. Contractor shall grant to the County, Florida Division of
Emergency Management(FDEM), Federal Emergency Management Agency(FEMA),
Florida Department of Transportation,the Federal Government,and any other duly
authorized agencies of the State or Federal Government or the County where
appropriate the right to inspect and review all books and records directly pertaining to the
Contract resulting from this RFP for a period of five(5)years after final grant close-out
by FEMA or DEM, or as required by applicable County,State and Federal law. Records
shall be made available during normal working hours for this purpose.
In the event that FEMA, DEM, or any other Federal or State agency, or the County,
issues findings or rulings that the amounts charged by the Contractor, or any portions
thereof, were ineligible or were non-allowable under federal or state Law or regulation,
Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the
Contractor shall agree that the amounts paid to the Contractor shall be adjusted
accordingly, and that the Contractor shall, within 30 days thereafter,issue a remittance
to the County of any payments declared to be ineligible or non- allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of
Contractor's operation as a whole,or of specific Project activities.
c) Federal Nondiscrimination Clauses During the performance of this
Agreement, the Contractor 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 Fmuwtion shad include, bijt not be limited to the following: Employment, upgrading,
1
demotion. or transfer, recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employmentwithout 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
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 (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcotq ya (or or
vendor. The contractor will take such action with respect to any su.rt:.acontract or purchase
order as the admini ierinc c��ry n ay direct as a means of enforcing uch provisions, mm
2
including sanctions for noncompliance: 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.
d) Contractor agrees to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act (42 U,S C 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to
FEMA and the Regional Office of the Environmental Protection Agency(EPA).
.... . �, .. - ............. .... ........ o-
e) 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.
_., ..., .. . . .. .. _ _ ..
f) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal I Water Pollution
Control Act(33 U S.C, 12.51-1387), as amended Contracts and subgrants of amounts
in excess of$150,000 must comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
�ry contract award see 2 CFR
Suspension
Debarment a (Executive
FR 180 220 must
Orders 12549 and 12689)—A
( ) t not be made to parties listed on the
governmentwide exclusions in the System for Award Management(SA ), in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
or bid for an award exceeding $100,000 must file the required .....miff m.
h) Byrd Anti-Lobbying Amendment 31 U.S.0 1352)—Contractors that apply
g q red 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 non-Federal award.
i) Procurement of recovered materials as set forth in 2 CFR§200,322
j} Americans with Disabilities Act of 1990 (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.
3
k) The Contractor shall utilize the U.S. Department of Homeland Security's
E- Verify system to verify the employment eligibility of all new employees hired by
the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractors during the Contract
term.
.. -�I) No
to this N contract i by
Ynot de al b ecCt to Government.
he federal liabilities to government
is not a
the non-
Federal FS] party 1 Yobligations
Federal entity, Contractor, or any other party pertaining to any matter resulting from
the contract.
�
...,.. ......
Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S,C. Chapter 38 (A
dministrative Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
Owner understands that the
ner is not a
acting agency as
)41 CFR§§60-1 3,60-300 2 and 60-741.wand therefore the rCont Contractor i defined
s not required
n
fired
to abide by the requirements of 41 CFR§§60-1 4(a),60-300.5(a) and 60-741.5(a).
o} Prohibition on certain telecommunications and video surveillance services
or equipment (2 C.F.R. § 200.216: Recipients and subrecipients are prohibited from
obligating or expending loan or grant funds to (a) procure or obtain, (b) extend or renew
a contract to procure or obtain, or(c)enter into 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 critical technology as part of any
system. As used herein, the term "covered telecommunications equipment" means
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate). By entering into this agreement, both the
County and the Contractor agree that it has complied with the provisions in 2 C.F.R.
200,216
p) Domestic preference for procurements(2 C.F.R.§200.322): As appropriate
and to the extent consistent with law,the County should,to the greatest extent practicable
under a Federal award, 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). The requirements of
this section must be included in all subawards including all contracts and purchase orders
for work or products under this awardflu .
e _. .,. tc tl � i M.
Davis-Bacon Act,as amended( c 14 I F.R. part 200 Appendix II}:
q} (Applicable to construction contracts (2 C.
3148).When required by Federal
program legislation, all prime construction contracts in excess of$2,000 awarded
by non-Federal entities must include a provision for compliance with the Davis-
Bacon Act *, J,� —3144, and 3146-3148) as supplemented by
Department of Labor regulations "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. The non-
Federal entity must place a copy of the 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 non-Federal entity must report all suspected or reported
violations to the Federal awarding agency,
4
• The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act(� I� t 14b), as supplemented by Department of Labor
regulations O.t I I f" rt ', "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United
States").The Act provides that each contractor or subrecipient must be prohibited
from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
Contract Work Hours and Safety Standards Act(It I,,,J S,t__36d.7,173708). Where
applicable,all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision
for compliance with 40..
0,8 C ,1,102 and 3704, as supplemented by Department
of Labor regulations ( ) f.9 I"rll Vim_°;a) Under 10 11 F G t/'02 of the Act, each
contractor must be required to 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 4�0. Q 37 0/1'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,
5
ADDENDUM
(State and Local Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein:
1. Florida Public Records law(F.S. 119.0701).
RECORDS- ACCESS_ AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its
subcontractors shall comply with all publicrecords laws of the State of Florida, including
but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the contractor keeps and maintains public
records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Monroe County, upon request from the public agency's custodian of
records, in a format that is compatible with the information technology systems of
Monroe County,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470,
bradl f�w �i��tr t� w : u ryt� tl �,'�� c/o Monroe County Attorney's Office, 1111
12th St., Suite 408, Key West FL 33040.
2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all
contracts for purchases of services or goods > 1 year): Monroe County's
performance and obligation to pay under this contract is contingent upon an annual
appropriation by the BOCC.
3. Insurance Requirements (Monroe County Risk Manual): The vendor is required
to provide the following insurance coverage:
Prior to or at time of execution of the agreement, the vendor shall provide a
certificate of insurance evidencing current coverage in this amount. Therefore, the
vendor shall provide updated certificates whenever the coverage is renewed.
4. Public Entity Crime Statement (required for all procurement documents and
contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or
affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list. As
used herein, the term "convicted vendor list" means a list maintained by the Florida
Department of Management Services, as defined in F.S. 287,133.
By entering in this Agreement, the vendor acknowledges that it has read the above
and states that neither the vendor nor any Affiliate has been placed on the
convicted vendor list within the last 36 months.
5. Ethics Clause (required for all contracts by Monroe County Ordinance No.
10-1990): By entering in this Agreement, the vendor warrants that he/it has
not employed, retained or otherwise had act on his/her behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990.
For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
6, iE-verify requirement (required by F.S. 448.095): Beginning January 1, 2021,
every public employer, contractor, and subcontractor shall register with and use the
E-Verify system to verify the work authorization status of all newly hired employees.
By entering into this Agreement, the vendor certifies that it registers with and uses
the E-Verify system. If the contractor enters into a contract with a subcontractor,
the subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the
contract.
7. Scrutinized companies (F.S. 287.135):
a. (Applies to contracts > $1 million): This contract is terminable at the option of
the awarding body if the vendor is found to have submitted a false certification as
defined below, has been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List as those terms are defined in F.S. 287.135, or been engaged
in business operations in Cuba or Syria.
i. False certification: At the time a company submits a bid or proposal for a
contract or before the company enters into or renews a contract with an
agency or local governmental entity for goods or services of $1 million or
more, the company must certify that the company is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List and that it does not
have business operations in Cuba or Syria. At the time a company
submits a bid or proposal for a contract or before the company enters into
or renews a contract with an agency or local governmental entity for goods
or services of any amount, the company must certify that the company is
not participating in a boycott of Israel. By entering into this agreement, the
vendor certifies that the company complies with these requirements.
b. (Applies to all contracts): This contract is terminable at the option of the
awarding body if the company is found to have been placed on the Scrutinized
Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is
engaged in a boycott of Israel.
8. Payment: Invoices will be paid in accordance with the Florida Local Government
Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk
with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules, and
regulations as may govern the Clerk's disbursal of funds.
9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or
extended between a nongovernmental entity and a governmental entity, the
AFFIDAVIT ATTESTING TO NONCOERCIVECT
FOR LABOR OR SERVICES
Entity/Vendor Name: 5-6e PP-5 . ° .._.. ..THT.. _ArzC1S
r
Vendor FEIN ..:?�_ �,.a Y.S!�„ ' 2,.........
�. .�..A.....mm...�.. �' A dui wJa✓i'z�
Vendor's Authorized Representative: 1ca12Cn� .._.............._.5.._�..................... --—.......���....... .._Y.. _..r�
(Name and Title)
Address: ...�1�4.._ �' �d? 5(�S i4 LUIJ .e„. .a. .
City . A (._Se .r►! � State: F L zip _....nm . �.w. ....�.
Phone Number: �3u .� L mq 3 �.7
Email Address: r�
As a nongovernmental entity executing, renewing, or extending a contract with a
government entity, Vendor is required to provide an affidavit under penalty of perjury
attesting that Vendor does not use coercion for labor or services in accordance with
Section 787.06, Florida Statutes.
As defined in Section 787,06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine
any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when
labor or services are pledged as a security for the debt, if the value of the
labor or services as reasonably assessed is not applied toward the liquidation
of the debt, the length and nature of the labor or service are not respectively
limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing
any actual or purported passport, visa, or other immigration document, or any
other actual or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of
Section 893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury
that Vendor does not use coercion for labor or services in accordance with Section
787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees
to abide by same.
Certified By .k-.7 .... r M -541kAS
who is authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name: 6�6y2
ADDENDUM
(Federal Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein:
Federal clauses. Recognizing that a portion of the funding for this Project comes from one or more
federal awards as that term is defined in 2 C.F.R.§200,36,the following provisions from 2 C.F.R.
part 200 including Appendix II to part 200 apply to this Agreement:
a SMALL AND MINORITY
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS.
BUSINESS
S. The County strongly
encourages the use of women-, minority-and veteran-owned business enterprises
(SBEs)and wishes to see a of 5%of the contract or subcontracts awarded pursuant to
this RFP go to SBEs. Contractor shall provide good faith effort and associated
documentation. Contractors may search for Florida registered SBEs at:
lillt�.��trvawv�r�r���,,�r� liw,rlfl„Ieu.rrm�rl 1 y _ )wnlra�iu/�tffrr� trG. 'upt�,lrrti_rlivcrso,4y,ub�nrt
Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor
proposes to use subcontractors that are certified as SBEs,must submit proof of the
registration or certification from a federal,state or local authority in order to receive credit
for the use of the SBE.
b) Audit of records. Contractor shall grant to the County, Florida Division of
Emergency Management(FDEM),Federal Emergency Management Agency(FEMA),
Florida Department of Transportation, the Federal Government,and any other duly
authorized agencies of the State or Federal Government or the County where
appropriate the right to inspect and review all books and records directly pertaining to the
Contract resulting from this RFP for a period of five(5)years after final grant close-out
by FEMA or DEM,or as required by applicable County,State and Federal law. Records
shall be made available during normal working hours for this purpose,
In the event that FEMA, DEM, or any other Federal or State agency, or the County,
issues findings or rulings that the amounts charged by the Contractor, or any portions
thereof, were ineligible or were non-allowable under federal or state Law or regulation,
Contractor may appeal any such finding or ruling, If such appeal is unsuccessful, the
Contractor shall agree that the amounts paid to the Contractor shall be adjusted
accordingly, and that the Contractor shall, within 30 days thereafter,issue a remittance
to the County of any payments declared to be ineligible or non- allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of
Contractor's operation as a whole,or of specific Project activities,
c) Federal Nondiscrimination Clauses During the performance of this
Agreement, the Contractor 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,
1
demotion. or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race,color,religion,sex,sexual orientation,
gender identity,or national origin.
(3) The Contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the employee
or applicant or another employee or applicant. This provision shall not apply to instances
in which an 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 wilt 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,oi°orders,
this contract may be canceled, terminated or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 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 (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 2.04 of Executive Order 1124E of
September 24, 1965, so that such provisions will be binding upon each
erLaw-td;ru Imwt or
vendor. The conlrar.,toel will take such action with respect to any or purchase
order K tI T- mn Dl tm riri�1.,�v .n�gy,direcl as a means of r�rufa�rcing such provisions,
2
including sanctions for noncompliance, 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
d) sontractor agrees to coryiply with all applicable standard,-,,orders or regUlaflons
issued pursuant to the Clean Air Act (42 LJ S.0 7401-76371q) and the Federal Water
Pollution Control Act as arnended (33 U.S.C; 1251-1387) and will reports violations to
FEMA and His Regional Office of the Environnient.al Protection Agency(EPA)
e) Rights to InventionsMade Under a Contract or Agreernent If the Federal
award rineets the detinition of "funding agreernent" under 37 CFR §40,12 (a) and the
recipient or subreciprent wishes to enter into a contract with a smart business firm or
nonprofitorganization regarding the SubStitl,ltiffll 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 CFFt Part 401,
"Rights to inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agneernents," and any
inuplernenting regulations iSSLled by the awarding agency,
f) Clean Air Act (42 U.C.G. 7401.7671q,) and the Federal Water POIlLition
Control Act(33 L.J S3,C '1251.138 7), as amended Contracts and SUbgrants of arnounts
iin excess of$150,000 must comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U,S C 7401.-7671 q) and the Federal Water
Pollution Control Act as amended (33 U S(;. 125 1-138'1), Violations inkist be reported to
the Federal awarding agency and the Regional Office of the Environmental ProterJ.lon
Agency(EPA)
9) Debarment and Suspension (1EXeCLl1flVe Others 12549 and '12689)--A
contract award (see 2 CFR 180,220) must not be nnade to parties listed on the
governi-nentwide exclusions In the Systern for Award Management(SAM), in accordance
With are OMB guidelines at 2 CFR 180 that implement Executive Orders 12049(3 CF7R
part 1986 Cornia , p, 189) and 126139 (3 CFR part 1989 Corrip , p 236), "Debairvent.and
Suspension," SAM Exclusions contains the names of parties debarred, suspended, or
othpivise, excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Onder 12549,
1) Dyrd Anti-Lobbying Amendment (31 U S,C 1352)--Contractors that apply
or bid for an award exceeding $100,000 must file the required certification Ea(A-i tier
certifies to the tier above that It will riot and has riot used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a rnernber of Congress, officer or employee of Congress, or an
employee of a mernber of Congress in connection with obtaining any Federal contract,
grant or any other award covered by Tl 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 die non-Federal award,
1) Procurement of recovered materials as set Borth in 2 CFR§200 322
j) Annelicans with Disabilities Act of 1990 (ADA) -The Contractor will comply
with all the requirements as imposed by the ADA, the regulations of the Federal
government issued in ereu rider, and the assurance by the Contractor pursuant thereto
3
-- '
4
The contracts must also include a provision for compliance with the Copeland
"Anti-Klck back"Act(L C, 3,1,4,15), as supplemented by Department of Labor
regulations (29 (I'f R, P Kt ,3, "Contractors and Subcontractors on Public Building
or IPublic Work Financed in Whole or in Part,by Loans or Grants from the United
States"),The Act provides that each contractor or subrecipient must be prohibited
from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to ghie up any part of the compensation to
which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency,
Contract Work Hours and Safety Standards Act(40 s 1 1-3708) Where
applicable,all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision
for compliance with 10 11 s; VICV,,'and 3704, as supplemented by Department
of tabor regulations (29 i[llaut_!�). Under 40 it �VO of the Act, each
contractor must be required to 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 10 it I 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. rhese 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,
ADDENDUM
(State and Local Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein:
1. Florida Public Records law(F.S. 119.0701).
RECORDS- ACCESS.AND UDITSw Pursuant to F.S. 119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including
but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the contractor keeps and maintains public
records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Monroe County, upon request from the public agency's custodian of
records, in a format that is compatible with the information technology systems of
Monroe County,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470,
_ s oR . a�.!.t �..11y:, c/o Monroe County Attorneys Office, 1111
IcilM Ic1µw< r�u� dwM..,..
1211 St., Suite 408, Key West FL 33040.
2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all
contracts for purchases of services or goods > 1 year): Monroe County's
performance and obligation to pay under this contract is contingent upon an annual
appropriation by the BOCC.
3, Insurance Requirements (Monroe County Risk Manual): The vendor is required
to provide the following insurance coverage:
Prior to or at time of execution of the agreement, the vendor shall provide a
certificate of insurance evidencing current coverage in this amount. Therefore, the
vendor shall provide updated certificates whenever the coverage is renewed.
4. Public Entity Crime Statement (required for all procurement documents and
contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or
affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list. As
used herein, the term "convicted vendor list" means a list maintained by the Florida
Department of Management Services, as defined in F.S. 287.133.
By entering in this Agreement, the vendor acknowledges that it has read the above
and states that neither the vendor nor any Affiliate has been placed on the
convicted vendor list within the last 36 months.
5. Ethics Clause (required for all contracts by Monroe County Ordinance No.
10-1990): By entering in this Agreement, the vendor warrants that he/it has
not employed, retained or otherwise had act on his/her behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990.
For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
6. E-verify requirement (requir ): Beginning January 1, 2021,
every public employer, contractor, and Subcontractor shall register with and use the
E-Verify system to verify the work authorization status of all newly hired employees.
By entering into this Agreement, the vendor certifies that it registers with and uses
the E-Verify system. If the contractor enters into a contract with a subcontractor,
the subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the
contract.
7. Scrutinized companies (F.S. 287.135):
a. (Applies to contracts > $1 million): This contract is terminable at the option of
the awarding body if the vendor is found to have submitted a false certification as
defined below, has been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List as those terms are defined in F.S. 287.135, or been engaged
in business operations in Cuba or Syria,
i. False certification: At the time a company submits a bid or proposal for a
contract or before the company enters into or renews a contract with an
agency or local governmental entity for goods or services of $1 million or
more, the company must certify that the company is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List and that it does not
have business operations in Cuba or Syria. At the time a company
submits a bid or proposal for a contract or before the company enters into
or renews a contract with an agency or local governmental entity for goods
or services of any amount, the company must certify that the company is
not participating in a boycott of Israel. By entering into this agreement, the
vendor certifies that the company complies with these requirements.
b. (Applies to all contracts): This contract is terminable at the option of the
awarding body if the company is found to have been placed on the Scrutinized
Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is
engaged in a boycott of Israel.
& Payment: Invoices will be paid in accordance with the Florida Local Government
Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk
with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is
based on generally accepted accounting principles and such laws, rules, and
regulations as may govern the Clerk's disbursal of funds.
9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or
extended between a nongovernmental entity and a governmental entity, the
AFRIIDAVIIT ATTESTING TO NONC IEIRCIVE CONDUCT
FOR ILAB R OR SERVICES
Entity/Vendor Name: _.�� �'�5 a: ��� ��7 f5' I J N e
Vendor FEI : • 9 �i.? Yq1 a'
Vendor's Authorized Representative: C,1c0'Z � V�5 m e)
_ Game and Title)
Address:
City ,9 4qq L State
Phone umber: ;3c S' . �� � cP 3 7
Email Address: _ a Q,
As a nongovernmental entity executing, renewing, or extending a contract with a
government entity, Vendor is required to provide an affidavit under penalty of perjury
attesting that Vendor does not use coercion for labor or services in accordance with
Section 787,06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine
any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when
labor or services are pledged as a security for the debt, if the value of the
labor,or services as reasonably assessed is not applied toward the liquidation
of the debt, the length and nature of the labor or service are not respectively
limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing
any actual or purported passport, visa, or other immigration document, or any
other actual or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7, Providing a controlled substance as outlined in Schedule I or Schedule II of
Section 893,03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury
that Vendor does not use coercion for labor or services in accordance with Section
787.06. Additionally, Vendor has reviewed Section 787,06, Florida Statutes, and agrees
to abide by same.
Certified By:
abovef �w bei�a M Ord company,
who is authorized I ign on b
Authorized Sr '.
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Pint Na „G�r y� � S„IJ �a
Title: 0
FOREIGN ENTITIES AFFIDAVIT F.S. 287.138
I, of the city of 1 .5 t m e 46A according to
law on my oath, and under penalty of perjury, depose and say that:
a. I am I. ,k w°'Z of the firm of
1111) uw��.� � �� ("Entity„) the bidder
making the Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so,
b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by
the government of a Foreign Country of Concern, as that term is defined in F.S.
287.138, is not organized under the laws of nor has its Principal Place of
Business in a Foreign Country of Concern, and the government of a Foreign
Country of Concern does not have a Controlling Interest in the entity.
c. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit it-awarding .entracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) beforeme„ by means of hysical presence or
online n rizati n„ on �,0��`.. O,� Z � (date) by
name of affiant . He/She is erso� ( ) p Wally nown to
me or asp produced
�..., v,.
(type of identification) as identification.
NOTARY PUB
My Commission Expires
V
JOSHUA P C,ALLO i
Notary Public-State of Florida
Commission N HH 318763
My Comm.Expires Oct 16,2026 r
u Bande
d through National Notary Assn �;1