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HomeMy WebLinkAboutBlue Heron Park, BPK 06/25/2025 AWN At CrOUN R Y ADC' INIS I°R AT()R CONS FwI 1 Sl�f�l�ARY FORM FOR C O RR AS R S L.I SS I HI �5(J,(OO ) ...�.aarrlkrlcl wktlr Expirmiori Da; C,'01111-Wt.PU1])0Se/DesC1ipLi0l1: 44+4 5 ; w,+HM..mr-^pt, »,,,we wr �4r~M4� ✓nrror�Pmr mmM1r^n,a.,y" +H �^rr^".^N+•m(+wNkr'M�,�r-Y+.NmY4Gjn#"DNA (T44b ,»rMm�n 4�rvu✓a q m^ +nr�r^ }f+rwrra m �y ^+rrPWrw ��wi^"nM'r.** �dwrn C`crrrUa;t is(lrighwl Aguc-crarom Renewal ('rrrvtmct Mager: rr01 101 ITTrrr Varl>zs arir( ryr,rtrrtr:t: M C`urr��krt� you I'crrrualar: SAM arriumb IMssrlaan�30Mifl) MgmIc"lit„'ld;.f nppivaulr rurtlCS� L?'u;r - (irtrn1 T'k111Cl/(`01,','l C`el1lC1'1 ,17C1jk;R(.'at,Cg()r- : ADDITIONAL COSTS LAsruwd(:)uWuilrgx Comm S jr- Faar, (Nol included in darl,lw v aldav ttbdrva.) 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(7N113 Sigam-itr.ur : John 'Quinn ciwr7Y......0b,1a (.anrrra"tictat4: r � Rnbda BMW Mnoti Page HS of 100 Agreement Between Owner and Contractor Wf�ere the basis of payment i,s a S TIPULA TED SUM AGREEMENT Made as of the June 2025 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whiiehead Street Key West, Florida 33040 And the Contractor Tiki H.As t)y Advance ConstrLIC6011 COrp- 19401 S.W 187 Ave- rvi a� n , FL '1321'18 7 For the following Project: Two New TIM Huts at Blue Heron Park 30451 Lyttons Way Big Mrve they,, F1 33043 Scope of the Work The Scope of Work shall 4irflude, but not b(..) limited to all labor, supervision, materials, power, tools, equipment, supp4es, perrnits, and any other means of construction necessary or proper for performing and CoIrnpleting the Scope of Work, unless otherwise specificaky stated. Work shall include two NEW I IKI HU I S IOX1 6 + 1OXIO SINGLE ROOF 'SYNTHETIC.; Scope of work sh0 include the folk)wings� 1, The Contractor shall obtaln all necessary permits, irlClUding any fees, as a part of the Proposal, Pagel of27 Z The Contractor shall provide labor, equipment, and all of the needed materials and hardware to complete the project and properly dispose of debris. See General Conditions. I The Contractor shall provide storage containers for material, as needed. 4. The Contractor shall provide necessary waste disposal and daily clean UP, 5, The Contractor shall provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. 6. Installation shall conirnenCe upon delivery and proceed without interruption until complete, Contractor Res pons,i bi I Ities. A) The Contractor shall coordinate all activities with the Monroe County Parks and Beaches Department and maintain construction confined to [lie work site to ensure the rernainder of the park can remain safely open to the public during the term of this contract. Contact.- Tammy Acevedo at 305-453-8776 B) The Contractor is required to provide protection for all existing surfaces inducling, but not limited to: i. PicIdeball Courts, Playground and Bleachers ii. Existing fending and building iii. Vehicles and Personal Property iv. Landscaping C) The Contractor shall ensure that all rion-exernpt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) constrUctiOn warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site rnaterial safety data sheets (MSDS)for ail materials, used in the construction, H) ConStrUction work times shall be limited to: Times specified by Monroe County Parks and Beaches 1) All materials must be approved by SUbrnittal prior to conr'vnencement of work. J) The Contractor needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly, L) The Contractor shall provide a safety Ifft plan for any crane/hoist work. Page 2 of 27 M) H applicable, Contractor shall pi,ovide, paper or electronic copies of all original device specifications, warranties, maintenance schedUleS, shop drawings, permits, repair and: maintenance contacts, and any other information necessary for the proper function, and maintenance of the equipment. N) 'The Contractor shall provide a schedule for all phases of the project. 0) The Contractor shall coordinate ah a(%vities with conGUrrent site work being performed, if any. ARTICLE I The Contract Documents The Contract. DOCUrnents consist of this Agreement, Conditions of the Contract (General, SUpplernentary and other Conditions), Specifications, andi all required irISUrance documentation, and Modifications issued after execution of this Agreernent. The Contract represents the entire and integrated agreernent between the parties hereto arid supersedes prior negotiations, representations or agreements, either written or oral. An enUrneration of the Contract Docurnents, other, than Modifications, appears in Article 10, in the event of a discrepancy between th(a documents, precedence sliall be determined by the order of the d0(,LJFTIents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specificaHy indicated in the Contract Documents to be the n-,sporsibility of others, or as follows] N/A AR"riCLE 3 Date of Commencement and Substantial Completion 3 J The date of cornmencerrient is the date to be fixed flni a Notice to Proceed issued by the Owner, The Contractor shall achieve Substantial Completion of the entire Work not later than Thirty (30) calendar days after the, date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in lIrlp, rnilestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in tirne as set forth by the Director of Parks and Beaches signature of approval on the Certificate of Substantial Completion. The liqu,idate,d damaqc--as table below shall be UtHized to determine the arniount of liqUidated damages, RRST SECOND 31 ST DAY & CON"FRACT AMOUNI- 15 DAYS 15 [DAYS THEREAF-I"ER Under$50,000,00 $50.00/Day $100.00/Day $250.00/Day $50,000,00-99,9919.00 100-OO/Daiy 200M/Day 750.00/Day $100,0010.00-499,999.00 200M/Day 500.00/Day 2,000M/Day $500,000,00 and Up 500.00/Day 1,000.00/Day 3,50,0,00/Day The Contractor's recovery Owner shall be an extensilon of time on the Contract. Page 3 of 77 Uncontrollable Circumstance, Any delay or fa0urf,, of ejffiet lo,Ijrrly to perforni its ohligadonS LIrid(,r tl'-ris Agreement will be excused to ttare extrent that the delay or fai4lre Was caused directly by an everit beyond such Party's contro�, without such lll'arty's fault or negligence and that by itS CIMAd not have been foreseen by SLIO) Party or, If it; COUid have been foreseen, was unavoidable. (a)acts of Gad; (b)flood, fire, earth(,'juake, caxpioslon, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is decIared or not), (orrodst, threats or acts, rict, or other civil unrest in the geographic area of the Project; (d) goverrimpnt order or law in the geographic area of the Project; (e) actic)ric.;, enn bar goes, or blockades in effect on or after the date of this Agreerrent�; (f) action by any governr-nental authority prohiibiting work in the geographic area of the Project; (each, a "Uncontroflable Circumstance"). Contractor's financial inability to perform, changes in cost or avallability of materials, components, or services, market conditions, or supplier actions or" contract 6SPL.ite'; will not excuse performance by Contractor Under this Section!, Contractor shall give County written notice within seven (7) days of any event or circurnstanoe that is reasonably hkcIy to rE?SUIt in an Uncontrdlable Circuc-istam.,e, and ffie awk,,q)ated duration of such Uncontroflable CirCLATrStEince, Contractor shall use all dihgent eff(:As to end the UncontrcfllaWe Circumstance, erisure that the effects of any (Jncontrollable Circ,r..vnstanc,,e are rninir-nized and resurrie full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Cir'Wrnstance. The Contractor n,iay only Seek additional time at no cult to the County as the Owners Represe(r,tative may deterrnirre. 'rtie, Contractor may only seek as no cost Change Order for such reasonable time as the Owner's Representative may deterrnine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds, for the Contractor's performance of the Contract the Contract turn of Nineteen Thousand,Two Hundred,Twenty and 00/100 Dollars ($19,220.00), subject to additions and deductions as pro�vided in the Contract Documents, 4,2 The Contract Surn is based upon the following alternates, if any, which are described in the Contract DOCUrnents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments [Not Used'] ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Burn, shall be made by the Owner to the Contractor whet) (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for, the Contractor's responsCbiflty to correct nonconform ng Work as provided in Subparagraph 12.2.2 of the GcunerW Conditions and to *ati5fy other requirements, of any, whiuh nucessarily Sere'Ove final payrnem, and (2) a final approval for payment has been issued by the Director of Parks and Beaches. SUCh final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. Page 4 of 27 The foHowing documents (Sampl(,.,,,x jr, Section 01027, Application for Payment)are, reqwred for Finai Paynlent� A. Warranties and guarantees. C. Spare parts and Maintenance wnaterials, D. Proof of permit closure. ARTICLE Miscellaneous Provisions 7,1 Where reference is made M tjrjss Agreement to a provision of the General Conditions or another Contract Document,Jie referenc(a refers to that provision as,amended Or SUppk-rnenled by other provisions of the Contract DOCUrnents, 7,2 Payrnent shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 73 Temporary facilities and services: As described in Section 01500, Ternporiiry Facilities, of the General Conditions, 7A 7,5 A person or affilkate who has been placed on the convicted vendr.)r list following a conviction for pub entity crime may not SUbrnit a bid, proposal, or reply on a contract to provlde any goods or services to a pUblir entity, May a')Ot SUbmit a bid, proposal,, or reply on a contract to supply any goods or services to a PUbiic entity,, may not subrnRt a bid, proposal, or reply on a contract with a public entity for the clonstructilon or repair of a public building or puNic work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perforrn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, Flonda Statutes for CATEGORY TWO fora period of thirty- six (36) months from the date of being placed on the convicted vendor list,, 7.6 'The foHowing iteris are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents cilrectly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, Records shall be retained for a period of seven (7) years frorn the termination of this Agreement or in accordance with the State of Florida retention schedules (tittps:/'Idos,fl,govllibr,iry-archives/records-- ma nage men Ugene ral-reco rds-s c hed ul es/), whichever is greater. . Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for PUNir records purposes during the term of the Agreement and for seven (7) years following the tennination of this Agreement. b) Right to Audit (Availability of Records). The records of the parties to this Agreement relating to the Project, which shall include bast not be limited to accounting records (hard copy, as well as computer readable data if it can be made available', Subcontract files (inClUding Page 5 of 27 proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including docurnentation covering negotiated settlements); backcharge logs and SUPPOrting docurrientation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence, deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obfigations under or covered by any contract document (all foregoing herei1nafter referred to as "Records") shall', be open to lrispection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk, Owner or County Clerk may also conduct verifications such as, but riot limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, aiiscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with ernployees, Subcontractors, suppliers, and contractors' representatives, All records shall be kept for ten (10) years after Final Completion of the, Project. 'The County Clerk possesses the independent authority to conduct an audit of records, assets,, and activRies, relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreernent were spent for I.,)urposes, not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03,, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. c) Governing, Law, Venue, and Interpretation, This Agreement shall be governed! by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or adrninistrative proceeding is instituted for the enforcernerit or interpretation of this Agreement, the County and Contractor agree that venue will! lie exclusively with the appropriate court, or before the appropriate administrative body, in Monroe County, Fforida. The Pnrties waive their rights to trial by jury. The COUnty arid Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. d) Severability, if any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person)shall be declared invalid or Unenforceable to any extent by a court of competent Jurisdiction, the remaining 'terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; arid each remaining term, covenant, condition and provision of this Agreement shall be vand and shafl be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the oriq naafi intent of this Aoreernent The County and Contractor agree to reform the Agreement to replace any stricken provision, with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs. The County and Contractor, agree that, in the event any CaUse of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreenrient, the prevailing party shall be entitled to Page 6 of 27 reasonable attorney's fees and Court costs as an award against the non-prevailing party and shall include attorney's ft,,,es and COLWtS costs in appellate proce;edings. f) Binding Effect. The terms, coveriants, conditions, and provisions of this Agreerrient shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, SUCCPSsors, and assigns. g) Authohty Ew,,h party represents sand warrants to the oaier that the, exec.ution, delivery and performance of this Agn'eeMlerlt have been duly authorized by aH necessary COUrIty and corporate action, as required by law. Each party agrees that ijr Irias had arnple OPPOVIUrlity to submit this Contract to legal Counsel of its choice and enters into this agreement freely, voluntarily arid with advice of counsel. h) Claims for Federfl or, State Aid. Contractor arid County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, Any conditions unposed as a resuft of the fundiing that affect the Project will be provided to ear,,,h party, i) Adjudication of DlSr,)WPS or DisagreernL-ants. County and Contr,;,iclor agree that aH disrx..Ites and disagreements shall be atterripted to be resolved by meet and confer sessions be representatives of each of the pailies. If the issue or issues are still riot resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or rernedy as may be provided by this Agreement or by Florida law, This Agreement is riot subject to arbitration, This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 9 concerning teni)kiaflon or,cancellation. jj) Cooperation. tri the event any adrrflnlstratnve or legal proceeding is instituted against either par-ty relating to the formation, execUtion, performance, or breach of t[,fls Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance, of this Agreeryient m- provision of the servo ces under this Agreement, The County and Contractor spe6fically agree that no party to this Agreement shall be requ:ired to enter, into any arbitration proceed4igs related to this Agreement. k) Non discHrnin@Uon/EqU21 Emploympnt OPPWU.Inity. 'The parties agree that there will be no discrii-ninatlon against any person, arid it is expressly understood that upon a determination by a court of competent lUrisdictiori that discrimination has occurred, this Agreement autornabcaliy terminates Without any further action on the part of any party, effective the date of the COUrt order. The parties agree to comply with all Federai and Florida statutes, arid all local ordinancels, as applicable, relafing to nondiscrimination. Those include but,are not limited to: 1) Title VH of fie Civil Rights Act of 1964 (Pt_ 88-352), which prohibit discrimination in ernployrnent on the basis of race, color, religion, sex, and national origin; 2) Tifle IX of the Education ArTrendment of 1972, as amended (20 LJSC §§ 1681-1683, arid 1685-1686), which prohibits discrimination on the basis of sex, 3) Section 504 of the Rehabilitation Ad, of 1973, as arnended (20 USC § 794), which prohibits discrimination on the basis of disability;4)The Age,Discrinrlination Act of 1975, as arnended (42 USC§§ 6101- 6107), whi& prohibits discrimination on the basis of age-, 5) The Drug Abuse, Office and Treatment Act of 1972 (PL 92-285), as amended, relating to nondiscrim i nation on the basis of drug abuse;6)The COMprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91­616), as amended, relating to nondiscrit'nination on the basis of alcohol abuse, or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 Page 7 of 27' and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC §§ 3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended frorn tirne to time, relating to, nondiscrimination in erriployr-rient on the basis of disability; 10) Monroe County Code Chapter 14, Article fl, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial Status or age; and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the Subject matter of, this Agreement, During the performance of this Agreernent, the Contractor, in accordance with Equal E"mployrnent Opportunity(30 Fed, Reg, 12319, 12935, 3 C.F.P. Part, 1964-1965 Coimp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to EqualErnployment Opportunity, and implementing reguWkms at 41C.F.R. Part 60 (Ofir ice of Federal Contract Compliance Programs, Equal Ernployrnent Opportunity, Department of Labor). �See,2 C.F.R. Part 200, Appendix 11, If C, agrees as follows: 1. The Contractor will riot discriminate against any employee or applicant forernpioymerit because of race, color, religion, sex, sexual orientafion, gender identity, or national origin. The Contractor will take affirrnative action to ensure that applicants are employed, and that ernployees are treated during employment, without regard to their race, color, religion, sex, SeXUal orientation, gender identity, or national origin. Such action shalt include, bUt not be limited to the following: Employment, upgrading, detnotion, or transfer,recruitment or recruitment advertlsing; layoff or termination; rates of pay or other forms of compensationv and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to ernployees and applicants for employment, notices to be provide(J setting forth the provisions of this nondiscrimination clause. Z The Contractor wifl, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified appficants will receive consideration for employment WithOUt regard to race, color, religion, sex, sexual orientation, gender identity, or nationai origin, I The Confiractor will riot discharge or in any other manner discriminate against any employee or applicant for ernployrn ent beCaUSQ, such eMployee or applicant has inquired about, discussed, or disclosed the compensaUori 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 corn ponsation information of other eruployees or applicants as a part of such employee's essentW.job functions discloses the cornpensaflon 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 compiairit or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is cnnsjgtc�mt with the contractor's legal duty to furnish inforr'nation, 4. The Contractor will send to each labor union or repveseritative of workers with which it has as collective bargaining agreement or other contract or Understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's cornmitnients under this seclJon, arnd shall post copies of the noVce in conspicuous Page 8 of 27 pllaces avallaNe to ernpioyees and apphcants Far ernplayrnent. 5 1-he Contractor Ml cornply with all provisions of Executive Order 11246 of Septernber 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6, The Contractor Mi furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, arid orders of the Secretar y of Labor, or pursuant thereto, arid will pern,ift: access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rJes, regulations, and orders. 7. in t[-ie event of the Contractor's non-cornplia rice with the nondiscrimination claUses of this contract. or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared lneilglble for further Government contracts or federally assisted construction contracts in accordance with procedures aUtIlorized in Executive Order 11246 of Septernber,24, 1965, and such other sanctions may be imposed and rernedies invoked as provided in Exec ufive Order 11246 of September 24, 1965, or by R11P­ regulation, or order of the Secretary of Labor, or as (AtK,,rwjse provided by law, 8. The Contractor will inchAde the portion of the sentmnce immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, m.gLdafions, or orders of the Secretary of Labor issued PUrSUant to section 204, of Executive Order 11246 of 'September 24, 1965, :so that such provisions will be binding Upon each subcontractor or vendor, The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in ffie event a contractor becomes involved in, or is thre,ateried wRh, litigation with a subcontractor or vendor as as result of such direction by the administering agency, the Contractor i,Tiay request the United States to enter into such lidgation to protect thir., interests of the United States, Covenant of No Interest. The County and Contractor covenanL that neither preserAy has any Oterest, and sl-rail not acquire any interest,which would conflict in any manner or degree with its performance Under thins Agreer-nent, and that only interest of each is to perfor-rn and receive benefits as recited in this Agreement. rn) Code of Ethics. The County agrees that officers and employees of the County recognize and will be requlred to corrjply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gAs„ doing business with one's agericy-1 unauthorized compensation- rnisuse of puiAc position, conflicbrig employment or contraCtUal relationship; and disclosure or use, of certain information, n) No Solicitation/Payrnent. 'The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firma, other than a bol-Q'i fide ernployee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation Page 9 of 27 of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration, o) Employment or Retention of Former County Officers or Employees.The Contractor warrants that it has riot employed, retained or otherwise had' act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without Ilability and may, also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, comr-nission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2--1 52(b), Monroe County Code of Ordinances, p) Public Records Compliance.The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes, and Section 24 of Article I of the Constitution of Florida.The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control Subject to the provisions of Chapter 119, Florida Statutes, and made, or received by the County, and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the ternis of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with ffiat proceeding. 'This provisiionshaH survive any termination or,expiration of the contract, a, The Contractor is encouraged to consult with its advisors about Florida Puiblic Records Law 41 order r to comply with this provision. b. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this, contract, JIE' Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County With a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exernp fron,I public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract terrn and followino complefinn of ffin contr,�cf. if the contractor does riot transfer the records to the COL111ty. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of the, Contractor or keep and rnakitain public records that would be required by the County to perform the service. if the Contractor transfers all public records to the County UpOrl completion of the contract, the Contractor shall destroy P'age 10 of 27 any (�-.-,�x du'plice p atubllc recorr"Is that ark,,-,, ernpt or confidential and exerript from public records diSCIOSUre H the Gontractor keeps and maintains public records U[)Orl Mn)pk-flon of th(-., contract, the Contractor shall meet all applicable, reciOrements for rietaining public records. All records stored electronically must be provided to the Courity, upon req.,rest from the County's custodian of records, in a forrnat that rs rcmnpafiNe with the infornation tec moc ogy systems of the County, (5) A request to lr sped or copy public records relaflng to a COUnty contract must, be made directly to the County, but if the County does not possess the requested records, the County shall irnrnediately notify ti,)e CUtr1tractor of the request, arid the C(,,)ntractor must provide the records to the County or allow the records to be inspected or copied witNn a reasonable tirne, If the Contractor does nol cwnply with the County's request for rEl.(Iords, fl"ie County shall CGojrp3r;� enforce the, PLibHc records provisions in accordance with the contract, notwithstanding the County's option arid rlgl"�t to unilaterally canc-el this contract upon violation of this 1provision by the Contractou, A Contractor who faIs to provide the priblic records to the Courty or pursuant to a vehC,' PUblic records request within a reasonable tirne may be subject to penalties under Section 119,10, Florida Statutes. The Contractor,shall not transfer custody, reBease, caller, destroy or otherwise dispose of any public records unless or otheiwisc..,providcd in fts provision or as oth enNise provided by law. I IF THE, (",ON'TRACTOR IiAS QUI'ESTIONS REGARDING, 1-HE APPLU XTION OF CHAPTER 119, FLORIDA STATUTES, TO TUIE "S J)jyrj,Y PROVIDE PL,'Blrrll(' RECORDS CONTRA("'TOR k.. RF,LA'T1rq(. 'y() 'rjjjS (701INTRAIC"I". CON't'A("I"I'lli�' (,"L)S,'FOI)IAN OF PUBLIC RECORDS, AT PHONE NO.: (305) 292-3470, PUBLr[C,RECORDS@"')N"'COU"'Y-','L.GOV, MONROE COUNTY ATTORNEY'S OFFICE, III I 12TH STRE -�T, SIU ITE1 ,408, KFYr WEST, Fl, 33040. _3 q) Non-Walver of Immunity. Notwithstanding the provisions of Sectimi 768.28, Florida Statutes, the participation of the Contractor and the COUnty in this Agreernent and the acquisition of any cornfnercial liability lrisurance coverage, self-Insurances coverage, or local governi-neril liability insuranr e pool coverage shah not be deemed a WaNef CA iMMUrlity to the extent of liability coverage, nor shall a (,Cnntract entered into by the Courtty be required to contain any provision for waiver. r) Privileges and Immunities,All of the privileges and jrTuTlunitiesfrorni hability,(axemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which appiy to tIr)e activity of officers, agents, or ernployoes of any pUblic ,agents or employees of the C(,_)unl',y, when performing their respective functions under this Agreement within the terntorial lim� ts of the Courity shall apply to the same degree arid extent to the performa rjce Of SUCh functions and duties of such officers, agents, volunteers, or employees ou side the uhrrflts of the County, s) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any Participating entity frorn any obligation or responsibility Imposed upon the entity by law except to the extent of actual and timely performance thereof Page 1.1,of 77 by any participating entity, in whi&-i case the performance may be offered in satisfaction of the obligation or responsibility. t) Ikon-Delegation of Constitutional or Statutory Dufies: This Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. u) Non-Reliance by Non-P,arties. No person or, entity shall be entitled to rely upon the terms, or any of thern, of this Agreement to enforce, or attempt to enforce any third-party claim or entitlement to or benefit of any sc,,rvhce or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes conterriplated in this Agreernem, v) Attestations. 'The Contractor agrees to execute Such docurnents as the County may reasonably require, to include, but not limited to, a Public I"-Entity Crime Staton'ient, an Ethics Staternerrt, a Vendor Certification Regarding Scrutklized businesses„ and an Affidavit Attesting to Noncoercive Conduct for Labor. w) No Personal Liability, No covenaint or agreement contained herein shall be deemed to be a covenant or agreennent of any rnerribler, officer, agent or ernployee of Monroe County in his or her individual capacity, and no member,, officer„ agent or ernpioyee of Monroe County shall be liable personally on this Agreement or be SUbjW"I to any personal liability or accountability by reason of the executiion of this Agreement x) Execution in Counterparts.This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, ail of which taken together shall constitute one and the same instrUrnent and any of the par-ties hereto may execute this Agreement by signing any such counterpart, If any signature is delivered by ernait delivery of a".pdf'forrn2t data file, such signature will create a valid and binding obligation of the party executing (or on whose behaff such signature is exeCUted) with the same force and effect as if the ".pdf" signature was an original signature® The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. y) Hold 11arrnleass, Indemnification, and Defense. Notwidistanding any rninimum insurance requirernents prescribed elsewhere in this Agreen'ient, and/or to the fullest extent permitted by law, Contractor shall defend, indernriify and hold the COUNTY and the COUNI'Y's elected and appointed officers and employees harmless frown and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to, any type of injury (irlCtUdirig death), loss, damage, fine, pe�,,nalty or business interruption, arid (iii) any costs or expenses that rnay be asserted against, initiated with reqpect V), or sus-,tninpri hy, parry indpryinified party by roason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the form of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or, ornis&on of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreenrient, except to the extent the crIaia-ns, actions, causes of action, litigation, Page 12 of 27 proceedings, costs or expenses ahse frcrui rnteriUonal or solaz me ligent acls or ornissions of the COUNTY or any of its ernployees, agents, contractors, or invitees (other than Contractor). The rriry-ietary limitation of liabiRy under this contract shall be equal to the dollar value of the contract and not Tess fi-aan$1 rrifflion per occurrence pursuant to Section 725.06, Floricia Statt,rtes. The l,,J,t, fr habHity shaP be as set forth in the inSUrance requirements irldUded in this Agreement, h'isofar as U-ne dainis, actions, causlas of action, lifigation, proceedings, costs or expenses relate to events or circurrilsiance�s that occur during the terrn of this Agreernent, thin,., Wih SkIrviii/e thc- cxr,*atJon of the terrn of this Agreement or any earhey tern,iinaiJon of this Agreement, z) In the event that the corripletion of the project (k:i include the, work of others) is delayed or suspended as a result of the Contractor's failure tO plurchase or maintain the required insurance, the Contractor shall fi,idemnify the CGUnty frown any and all incre8sed expenses resulting from such delay. Should any clairris be asserted against the COUnty by virtue of any deficiency or ambiguity in the plans K.ind specificatioris provided by ffie Contractor, fl-le Contractor agrees and warrants i,hat the Contractor shall hold the COLInty hoar rriless and shall indeninffy it frorn aril losses or,-.curring thereby and shall further defend any claim or action on the County's behalf. aa) The extent of fiabiMy is in no way lirmtcd W, reduced, or lessened! by the insurarrc(,.:, reqUa rernents contained eCsewherc,.,a within this Agreement. bb) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional inRireid on all irisurance policies required by the COUnty. In addition, the Contractor spedficaHy agroo�5, that all agreements or contracts of any nature With its SUbconti-actors sii inchjde the C'OUNTY as additionah insured. cc) hidependent Contractor, At aU thnc.s and for all purposes under this Agreement, Contractor is an indeldefirdent contractor and not an ernpk)yee of the Board Of COUnty Cornn,iissioners of Monroe COUnty, No state rrnent contained in fts Agreement shaH be construed so as to find fl,-ne Contractor or any of its erriplayees, subcontractors, servants, or aqents to be employees of the Board of County Conirn ssioners of Monroe COUnty, dd) -Verify Sys,tem. Beginning Jam.jary 1, 2021, in ac cordance with Section 09 448, 5, Florida Statute,s, the Contractor and any subcontractor shall register with and shall utilize the US. Department of Horne land Security's E-Verify system to verify the work aUthorizatiori statUS of all new employeos hired by fl,re Contractor during the term of the Contract and shall expressly require any su boo n tractors perforrinin g'work or providing services pursuant to the Ciontract to likewise utilize the U.S. Department of Homeland Security's E-Verify systern to verify the work aUthorization status of afl new employees hired by the subcontractor during the Contract terns. Any subcontiractor ha ali provide an affidavit stating that the subcontractor does riot ernp'doy, contract with, or, subcontract with an unauthorized alien, The Contractor shalli comply with and be subject to tine proNiisiions of Section 448,095, Florida Statutes. rue) Entire Agrcernent. This writing ernbo6es the entire agreornent and Understanding between the parties hereto, and there are no oVier agreements and understandings, oral or written, with reference to the subject, matter hereof that are riot merged herein and superseded hereby. Any arrendryient to this Agreement shall be in writing,approved by the Board of County Corm-nissioners, and signed by both parties hefore it becornes effective. Page 13 of 27 lf) Florida Green Building Coalition Standards, Monroe County requires its buildings to conform to Florida Green Buil:cling Coalition standards. gg) Section Headings. Section headings have been inserted in this Agreement as a rinatter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid:, or by courier with proof of delivery and delivery pre-paid. The place of giving Notice strati reil,barrl the Same as set forth herein until changed in writing 'in the rTtanner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S, Mail upon verified receipt or upon the date of refusal or non-accepta rice of delivery. Notice shall be seat to the following persons: For Contractor: Tiki Huts by Advance Construction Corp, '19401 S,.W 187 Ave.. Miami, FL.33187 For Owner: Director,of Parks and Beaches Assistant Cm,mtyAdrninistrator 2798 Overseas F-Iwv, Suite 400 1100 Sifflonton St. Suite, 2-205 Key West, Florida 33040 Key West Florida 33040 j,'ognty Att L)rney 1111 12111 Strecat L-,S, u i�tP408 Kev West, Florida 33040 ARTICLE 8 insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all firries that this Agreernent is in effect. In the event the ccrnp0etion of the project (to, include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintairi the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 8 2 The coverage provided herein shall be provided by ari irISUrer with an A.M, Best rating of A: V1 or better, that is licensed to busine S,s jrj tyre Statee cal r Florida and that has an agent for service of process vviftn the State of Florida. The coverage shall c(-)ntaiin an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in as form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: Page .14 of 27 & Workers' Cornpensation k-isli,nrano- as r�--,"ciuired by the State of Florida, sufficient to respond to Chaptei, 440, Ro,,ida StatUte,,i. B. Employers' Liability Insurance with Hrnits of $500,000 per Accid(-nt, $500,000 Disease, policy Hrn ts, $500,000 Disease, eacl-r ernployee'. C. Comprehensive Business X,Aomobiile and Vehicle Liablility Insurance covering claims for injUHes to rnpnibers of the piuNic,made r,damages,to property oaf others arising from use of miotor vei InclUding onsite and oftte operations, and owned, hired or noni- ovvned vehic�es, with $200,000 per person, $300,000 per Occurrence, $200,000 Properly Damage or$300,000 oombined single limit. D CtarnrTH'arcial General UaNlity Insurance, incUing Personal Injury UabiMy, covehing claims for inju,cries to members of the pubilic or damage to property Of others a.rising (Alt of ,any covered act or or of the Contractor or any of its erTlployees, agents or subcontractors, including i°'3 rerrises �,,,,,nd/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined SingVe I imit E, An OCCLA-rence Forrn policy is pre Po~rrPd. If coverage is changed to or provided on a CWrns Made pohoy, its provisions shoufld include coverage for clairns filed on or after the effective date of this contract, Ira addition,the period for which clairns may be reported must extend for a R*Ik-M)M of 48 VTV)r-dJ'-t".Z ft)'iowing the termination or expiration of this contract. F. County shall be narned as an addrtionaP lraSUred with respect to Contractor's liabilities hereunder in inSUrance coverages identified in Paragraphs C and D. G� Contractor shall require its subcontractors to be adeqUatelly insured at least to the Hmits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreennenl. Coun'y will not pay for increased HITIRS Of inSUratlCe for subcontractors. R, Contractor shall prov'd,,to the County cerflfkates of insurance or a copy of all ir')SL]ranCe policies including those reaming the County as an additional insured. The County reserves the right to require a certified copy of such pollr.ios upon request. l, If the Contractor parfidpates 4-1 a s elf-�nskjrancp fund, a Certificate of Insurance will be required. In addition, thra, Contractor rnay be required to subrnit updated financial statements from the fund upon roques frorn the County. ARTICI,-E 9 Terg,rdnation or Suspension 9,1 The, Contract ffiay be terminated by tl,-�e, Owner as provOed in Article 14 of the Generai Conditions, 9.2 in the event that the Contractor si-oil be found to be negligent in any aspect of service, the COUnty shall' have the right to tprrniinato; this Agreement after five (5) calendar days' written notification to the Contractor. Page IS of 27 9.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. 9A Termination for Cause and Remedies: In the ever-it of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In,the event of such termination, prior to termination, the County shall provide Contractor with seve,nty-two, (72) hours'written notice and provide the Contractor with an opportunity to cure the breach that has occurred. if the breach is riot cured, the Agreement will be terminated for cause. If the County terrniruates this Agreement with the Contractor, County shall pay Contractor the SUm due the Contractor under U,iis Agreement phor to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the iroght to assert arid seek an offset for damages Caused by the breadi, The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to SUB for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al, of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreenient for corivenience, at any time, Up011 thirty (30) days' written notice to Contractor, If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor Under this Agreement prior- to, termination, unless tho cost of corripletion to [tie County exceeds the funds remaining in the contract. The rnaximurn arnount due to Contractor shall not exceed the spending cap in this Agreement. 9,6 For Contracts of any amount, if the County determines that the Contractor/Consultant has subi-nitted a false certification ijrader Section 287A 35(5), Florida Statutes; or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the AgrLeement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Sec.tion 28"7,135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the ccndiflons of Section 287.135(4), Florida, Statutes, are Met, 9-7 ARTICLE 10 Enumeration of Contract Documents I OA I he Contract DOCAMients, except for Modifications iSSUed z'ifter E)M,UitiOn of this Afire(,-,mient, are enumerated as follows: N/A 10.1.1 The Agreerneril i5 tnis executed Standard Form of Agreement Between Owner and Contractur, 10.1.2 The Ger�eral Conditions are the General Conditions of the Contract'for Construction, By signirig this Agreefflent, the Undersigned has read and accepts the terms and condibons set forth by the Monroe County General RequireirTicritS for ConstrUCdOrl, 'found at the following link or the Monroe County vvebpage-. Page 1.6 of 27 10.13 Not Used. `0.1.4 The A eanda, if any, are as foflo s,— NIA This Agreement as entered into as o the day and year first wrMen above. BALANCEPAGE INTENT10NALLY _EFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 27 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Digitally signed by Christine Christine Hurley Hurley By, Date:2025.06.25 14:50:07-04'00' County Administrator or Designee CONTRACTOR'S Witnesses Attest- CONTRACTOR: Told HiLlts by Advance Construction Corp. Contractor must p ov" ,e two Witiriesses Signatures Signatare, Print Narne'-!IL Print Name-. Title: Y"')T' Date, Date: R and 'r musT P' ov' e Signature. Print Nam e� r', Date: ID3 STD.-1 E OF COUNTY OF d On thislaf-6 day of 201,5, :, before me, the undersigned notary pubhr, by means of [Pr physic al presence or 0 online, peraon0y appeared—Eusfh>LL-��Tr��Ir (name of affiant) kn own to ri"re to be the person whose riame is Subscribed above or who prod u ced_L!CEjjLi_/__as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for j1p, installation of Two NEW TIKI HUTS IOX16 + 10X10 SINGLE ROOF *SYNTHETI �fr thEl purposes therein contained, Notary Public F-Vo JE991CA PgLIPf Print Nar-r@ Notary Pubjic-stateF�or�da CcrorrllsMan#HH 2,446984 My ('.;onfirnission expires: "28,"C'2' F MY COMM, EApireS Apr 28,2027 i Lf-4 's Borded throu:qh Nadonal,Notary Assr, Page 18 c)f 27 GC- 'ERAL IRErfr MREMENT'S Where Pa irks and Beaches is, Not a COIISIRICtOr Section 00750 Greer ConMions S P�,()jeCt Safet a�'rC'j e,cfion 00970 1 section 00980 CoritraOor Quakty Control Pkin Sectbn 01015 Contractor's Use of the Premises Section 01027 AppHr­,,)tion for Payrneni Section 01030 Alternates Sacflon 01040, Project Coor(.fination Section 01045 Cuffing and Patching Section 01015,0 Field Engineering Section 0 1200 Prorect Meetings Section 01301 SUbMittalS Sec,iion 0,1310 Pr ogre-l"Is Schedules Section 0,1370, Schedule of Values Section 01385 Daily Construction RrapoHs Section 01395 Request for lnformaifion­(RFI) S ecfio n 01410 Te�sflng Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 1='i6d Offices and Sheds Section 01595 Construction Cleaning se'cbon 01600 Material an(l Eq LjPrjrje Sectbn 01630 Post-Proposal Substrtr.,rflons Secbon 01640 Product Handling Secfion 0 1 70CI Contract Closeout Section 01710 Final Cleaning Section 01720 Project Rec ord Docurn.6TAs Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 3.9 of 27 EXHIBIT Required County dorms Exhibit B 'age 20 of 27 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMEN'r UNDER ORDINANCE NO. 010-1990 MONROEC'OUNTY FLORIDA ETHIC S CI-ALJSE (c V;� Oval, (Cwlpany) warrants that holit has not ernpioyed, retained or otherwise had act on his/its behalf any former County officer or employee in vioiation of Section, 2 of Ordinance No. 010-1990 or any County officer or employee in vVation of Secflon 3 of Or6mince No. 010-1990, For breach or violation of this provision the County may, in its discretion, [errninate this contract withQUt liability and may aNso, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full arnount of any fee, cornn-iissoon, percentage, gift, or consideration paid to the former COUnty officer or employee", (Signature) Date: S TAT E 0 F C r IL2- COUNTY OF: . xt SUbscribed and sworn to (or affirrned) before me, by mearls of [Y/Ir"hysical presence or El online notarization, ran Y,W, (date) by rsooy)i to v me (name of afflant). He/She is pa cscnally kn or has produced .......... ......._­__...­­---...-r.-.(type of identification) as identification. JESSICA"FlUPE NOTARY4 U15151C Notary Puhlir-Statr of F6Odda Commislian w,HH 340 My C 0 rr rn.EX Pi r P 5 A r 28,2027 )d -ion ax!.,&Ps:M aed through Nate anal Now',Assll. Exhibit B Page 21 of 27 AFF11MVITATTESTINGTO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES .......... a-d Vendor FEIN: Vendor's Authorized Represen tali (Name arclTidc) Address:---t�, "I ---—------------- ....... .. ........... City: 3 Phone Number: —-- ----- 33 1,� ,13, 2'55 F.'ntadAddress: C,Wk.j�&,:�JA ft� -- (� L) As a nongovertirnental entity executing,reriewin'-, or ex ending a contnict wnh as government enfily, Vcndor is require(] M llrovidc an affidavit under penalty of per'�ury ancs[ing that Vendor does riot usc coorcion Im kabor or scrv�'cQ.s in ,L,iccordance with Section '787.06, Florida Statutes. As defined in, Section 787.0ti(21Ka), coercioii moans: 3. (JSing of 111re"Ifing Io use physiul force against ally Person; 2. Rcstrainirtg, isolating, or confining or thrcating to restrain, isolate;, or confine arly person without lawfuf authority and ag-ainst her or lair, wi 11- 3, Using len&ng or other credit rneffiods to establish a debt by 'any person wxfien labor or services are pledged as, a SCCUrily "r". ('1C deW, it'the vakie of the labor or services as rcasonulfl,, assessed is nw applied toward thv licjuWatioo ol'the debt,the fengd,and nature of Ifie labor or service are not respeOivefy limited and defined-, 4. Des'Ll-0ying, eorluahng, removing, confiscating, withImIdin(l, or posses'sing ,iny aeft ial 01" PUrported passport„ visa,or otf-wr irtunigrau,on dMiment, or any OfllCl-UCfthd Or purpor(ed govcminent IdenLification (10CUMent, oF any person� 5, cUlSilit, or IfIreating to Cause financial harm W array pelsoll, 6, I'micing or luring any 1°rcrsrin I-iy fr,,ILI(I or deceit; or 7. Providing a controll(M substance Lrs outlined in Schedule I ur Schedule it of Section `9M3 to any person Cor flic purpose of'exploijat k. a., i )n 'th t pe r. )�4 n As as person authorized to sign on behalf'of Vcndo�,I cerdly,und(:r Pem ki s of,per"lury fl-uit Vcndordoes not use coer(;i(:)Tj l'or labor or services in accordance with Scoion 78?,06. Additjor1111y, V'Clldf)f 11"IrS f`CVie'rn'Cel Section 787,06, Florida Slatuto, and agrees to abide by sarne. By: V f ao k authori)a0(1 to sign on belial t,of ��tc above referenced company. .2- Print Nam Exhibit R Page 22 of 27 ........... PUBLIC ENTITY CRIME STATEMENT "A Person or aff 0lale who h as,beert p0ced art the convicted vendor list folloMng a conviction for public entity c,hrrie rT'iay not subrt)lt a bid on a contract to provide any goods or sop-vices to a public entity, may not submit a bid on a contract watri a pUblic entuty for the construction or repair of a pubHc building or public,work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, SUPp1iPr, subcontractor, or f—ONTRACTOR under a contract w�th any public entity, and may not transact bus4iess with arty [)Ubljc entity in excess of the threshold arnount provided in S(-,,,cfion 287.017, Hodda Statutes, for CATEGORY .T"WO for a period of 36 months from the date of being placed on the convicted vendor Hst," I have=s road lhe� above and slate U,iat neither _E �SIE 10-- -------- (Proposer's r1aMe) nor any Afffllate has, been pa aced or the conJcted ver'tdor lost,within the Iasi. Uflrty-six (36) rnonths. (&gnature) Date: (D I STAl"E 0 F: ------ COUNTY OF� . Subscribed and sworn to (or affiri,nied) before me, by means of Vphysical presence or I] orriline niotarizabor, on c te)'!' _ , , by (narile of atfiant).CHJa he is ha sonally known,,toi me or has produced (type of aderrjtlficaflon) as identification. RY )UB�.JC JESSICA FELIPE Notary Pubimc-suxe of F1 lortt3 2 H 34 6;8111 (SEAL) i��- j"*�. Ccrrrmisslon'I'HH 346;8,,, 1 cornmission expires:, " �H _ I., es A 28,2-2 My Comm.Expires Apr 28,2i'27 Bonded through�qavoraV x+ctwy ExHb�t 8 fl�)gF2 23 of 27 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Proiect Description(s):—J` Respondent Veridor Name: q. 'La K Vendor FEtN:--U"-5- Vendor's Authorized klepreserift,3tive Name @nd Ttitle: i02' 4!tDl -C Address: S City: State: zip" 2311 Phone Number Ernal Address.- C'V)W L�()L) -CITY-) L Section 287,135, Florida Sta(WeS prohibits a company from, bidding on, submitbrig a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the firne of contracting of renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in as Boycott of Israel. SectIon 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for. or entering into or reriewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized CUMpanies with Activities iin Sudan List or the SCrrLjtjnjzed Cornpanies with Activities in the Iran Terrorism Sectors List which were created pursuant to s, 215.473, Florida StalWeS, or�s engaged In bLlSiness operations in Cuba or Syria As the person authorized to sign on behalf of Resporlde-rat, I hereby certiiy that the company identified above in the Section entitled "Respondent Vendor Narno" is riot listed on the Scrutinized Companies that Boycott Israel List or engaged iin a boycott of Israel arid for Projects of$1,000,000 or more is riot fisted on either the Scrutinized Companies with Activities irr Sudan List,the Scrutinized Companies wiffi Activities in the Iran Terrorisrn Sectors List, or engaged in bLiSirleSS operations in Cuba or Syria. I understand that pffsuar'A to Section 287,135, Florida StatUtCS, the submission of a false certification may subject c.ampany to civil penallies, attorney's toes, and/or costs. I further LWAPFSt,And that arry contract with the County may hre terminated immediately, at the option of the County, if the corripany is found to, have s-Librnitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities ill SUdan List Or'tlle SCRAirrizedl Companies Wttw Activities in the Iran TerroriSlin Sectors List or been engaged In bUSirreSS operations in Cuba,or Syria. Vendor has reviewed Section 287,'135, Florida StatUtes, and in accordance vviat such provision of Florida law, is eiigible to bid on, submit a proposal for, or enter into or renew e contract with Co�jjrjty for goods or services, Certified By: who is authorized to sign on behalt'of the above referenced coryir�)cw Authorized Exhibit B Page,24 of 27' Print Pits)CS Note:The List are aysAa% at the foHamAng Department of hd an aganoeM•rat Services Site: A"wtttayr'ar+a,�rtm_.u0ua_r�raa�rtlr:yitel a rrurrt,fhrta ¢ira „ ee �e �aWi rrr,' � ¢yJ✓r��a tel.R.._rutr�irr aCrraruee,ctraerer t� ea�t¢R.R�a a � t,, fr7�r�factlC91� r.a)rl"a,aR�a¢V1,,:w_,,,vk C14 Gat_„ a f ,a�flt"tads�a`ta mtatoat'atv OtacR9 Busilles, nwL3cara 4 � waria••Caaatttsae,teat r ngaapr,,t by ;SAmnoc 4.°o unty during tho a°drniple:tion od`w ork as,so6aats:df vvith the R.rt:low irldicaaled prl,rjvct t,Q.'bau k ow) k as raaisao ri!y lwr.r.waracs,;e;rat °alga°id;t:,,as ritri`int.al in Scciion 2818 701'. Florida `wtattuete s, trar is rant,Aa tnrraaartty tiac.i.eaut 288,70.i, Florida `rofl'jtlrrttuk;. F.S. 88 70,1 :a) -ytraaearity krrr.ennvss a:rrau.ul ,V is " Inc am,ar°�y sraa`i'i a,&G'iaaare9 in w.ratrseiu9rzrn.{6)fa;cc beleav ) which is organized to engage in carrxrrtun W alto tresare Nvh r,+ is ciar 1 61eol rI t'le r uhl..arum ,�trar:6u 7 rt fe aa,,,t 3 R by raaisrarr"iC'y]ucmmis who sauv rarc.aat urs of an insular group Ono in of a lser trr:r.olaerntaci<ah e:thn e..or gaits➢er makeup or national ery g4l, Bich has been Wowed krrstaaric,r y to e1Nusrra w tlra°ariaaaw,r¢i able¢w re9cr,ar Rie.a9.i+n &and vA?h tBraat group rea', iOnet in all a.anderr+epr uguuutaaAon ruf conunacmia% r,im.rti'pb a,tao'tet a dic t:rmuVs am tmh oanet m a nag nne nI and e.Raafly ope raucous arc CoatrOtLdr by rach persons. A r'rwriwo,reay bu,"lncss klavipr sf, rra ,,� pa'nr.or1!y irr�asrlwa°t&ra.pj'aChU r.W a prarWcurr.(bww•na°ra,[up by as 1-nm'vy gwmon a3 ws ncar include aanarardip ew hia h Whe re suRt aaFru W,,pr 9re to R tarraraa'r.kmil p,vru,erat art a raronrerraty prrvewrr v itha n Ga related immediate 1'annnly group if the vawtrtlrtt;a d total mc� ate.rC va h,lc of atl l taacratibeTs O .Ch (anaaaly gm up cue ems$i nti➢Iora. Fera'g-tr.rrpaams of ON srul-awcat on.We icrraa`Nlatcd hmnaUWC tisiaaily gWyl aauCOM OnS OT MOW When under 16 ycHm of ngo rind a pareni ceFm e:la Wrm or flea wouse of aaae h pawi aW rC.j(lrtag7 ill tire; @JO "e sari'Va iaut uaraat. I";w>298,703(6)�"` r a,H Ewaa irte, �s' ra�arans�,aVt indcperlde atldr owwned and culler`,+teael Reershe ss comer,rn Maal ewrap➢oy 2HO aua'tcwa a r� J,wrrnr aracurt f klirare and,that,together W" N tir6filiraP.em vs;a great vrmrtlr o tatA uaxgu thaii$5 rarr ion ur arny VL n based i:rr ahis cow wvl-Qh bars a ltirlrall Baa.,emss Aryrataraor,uu•,rAn kwdab eWfiiGstWrw. As,¢ p)i able to Sealc llue S5 oatalVierau"el worth rcquir'eareTil ;liO incla,a,1,ruCla puur'>aarr,rR aaurN 1,rrwivar°•, iaavc°u,rratau:ta, �lte Ierr„la;n�,�to ffur ter G `R.m..Muati� �6t) ta,r aa9 fgxw ieaRar)�)tr aR)w.`fl�t_ t iwurtl, "€ataRataeatas:r Ryu.ah Gtav; 1pmam: Numme 4,`arwny .., Sig naaw Siytraaeram N to u t�Et�m Page 25 of 27 61 1'Firtmrf� _LJ 4'riniutl Nrrrrr . 9r11u: � '°'11�ft. GL Dcp'artrarenL Vedfled r fa.4 r:, !04r .:.4�i q_r4 if wcorn_-file tarics ,. h 2i e i y . [Y"m f°on r a(,T EXHIBIT CONTRACTOR PROPOSAL Fxhi it R Page,26 of 27 Exh,4Nt S 'age 27 of 27