Loading...
HomeMy WebLinkAbout06/30/2025 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with:They Perry Hotel&Marina Contract# Effective Date: Q /01/2025 Expiration Date: /3I/2026 Contract Purpose/Description: To provide housing for emergency workers during a declared disaster or ether large-sole emergency in Monroe: County. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cory Sthwisow 6065 14, (Name) (Ext.) Departmen Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ TBD Current Year Portion: $ N/A (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the Not to Exceed $100,000.00 10101 CW IU106t C 4ittla,Uflt 1S �100'000 00 or lcss) Budgeted? Yes❑ No ❑✓ Grant: $ PEA County Match: $ /A Fund/Cost Center/Spend Category: TBD ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Cory D. scnwisow Digitally 20250627ned yCoryD S4'00'W Date'.2025.06.27 10'.58'.03-04'00' Pedro J. Mercado Digitally signed by Pedro J.Mercado County Attorney Signature: Date:2025.06271120.55-04'00' Digitally signed by Gaelan P Jones J Risk Management Signature: Gaelan P ones Date:2025.06.27 12:26:47-04'00' Digitally signed by Lisa Abreu Purchasing Signature: Lisa Abreu Date:2025.06.27 13:26:10-04'00' Digitally signed Johnnn OMB Signature: John Quinn Date:2025 06 27y13 50:8u'04'00' Comments: Agreement will only be utilized after a declared disaster in Monroe County: Total dollar amount will be determined based on usage, not to exceed.$100,000.00 AGREEMENT FOR LODGING ACCOMMODATIONS MONROE COUNTY and EOS Hotel Mgmt Holdings LLC as agent for KW PERRY LLC THIS AGREEMENT is made and entered into by and between EOS Hotel Mgmt Holdings LLC as agent for KW PERRY LLC, authorized to do business in the State of Florida, (hereinafter referred to as "Hotel" or"Contractor", and Monroe County Board of County Commissioners (BOCC), a political subdivision of the to of Florida, (hereinafter referred to as "County 9"). WHEREAS,in the event of an emergency or major disaster, including but not limited to storms, natural and man-made disasters, acts ofterrorism or other declared State of Emergency,the County will need to rent lodging accommodations for its emergency workers, including Monroe County employees and other authorized personnel when in the County performing essential work in order to be able to provide County services and to support response and recovery efforts, and WHEREAS, these emergency workers will be working throughout Monroe County and in or near the County Emergency Operations Center in Marathon, Florida, and therefore accommodations are expected to be required throughout Monroe County in order to restore and provide County services and provide the necessary response and recovery services; and WHEREAS, The Per Hotel&Marina is a hotel company that operates in Key West, FL,manages more than eighty-five(85)units in Monroe County,and has made the its under its management available during previous emergencies or major disasters, and/or is willing to make its units available in the future should the County need rooms for its emergency workers in the event of an emergency or major disaster. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereby agree as follows: 1.0 Desc6j-)tion of Goods/Services. Hotel. will provide accommodation (lodging) on a space available basis for County employees and for authorized County contractors/personnel in two groups/phases for disasters. The first group will. consist of County emergency workers designated to remain in-County during an incident. The second group will consist of Conn.ty employees called back to work in the County to perfonn essential work in order. to provide County services, including response and recovery services post-incident. Lodging can reasonably be expected to begin one (1) week before an incident and will continue for an indeterminate period of time as needed to perform and provide County Services. 2.0 ia- Des iiated Point of Contact. Hotel and the County will each provide a Designated Point of - A _--i-_ Contact and shall provide each other with all commun.ication methods. The County Point of Contact will liaise with the Designated Point of Contact for Hotel, to provide a list of room needs and room assignments. Both Designated Points of Contact will work 'the other to resolve any issues that arise. 3.0 Term. This Agreement is effective from 06/01/25 through 05/31/26. Agreement can be renewed in writing for additional periods ("Renewal Terms") of one (1)year each, subject to the mutual agreement of the parties.Monroe County's performance and obligation to pay and this contract is contingent upon an annual appropriation by the BOCC. 4.0 Fee ices., a) All Hotel rooms will be billed at$179.00 per night(Room/Unit Charge). b) No parking fee will be charged. c) Any personal expenses above and beyond the Room/Unit Charge that are incurred by individual guests (e.g., phone charges, meals) are the strict responsibility of the individual guest and must be paid for by the individual guest. Hotel may request a personal credit card from guests upon check-in, which shall be used to pay for individual charges. The County will only pay for rooms that are utilized, up to the Room/Unit Charge. d) All Room/TJmt Charges will be paid for by the County upon presentation of an invoice, in accordance with the Florida Local Government Prompt Payment Act. The invoices must be delivered to: Monroe County Budget and Finance Department 1100 Simonton St., Suite 2-213 Key West,FL 33040 Attn:Purchasing and also e-mailed to: OMB,Purcl Subject: EOC Invoice for Procurement Unit Hotel shall submit to County invoices with supporting documentation acceptable to the Clerk. Each invoice must list the rooms covered in the invoice, dates of service, the name of the person assigned to the room, and the Room/Unit Charge. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. e) The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. f) Hotel and County Designated Points of Contact shall mutually agree upon a maximum check-out date. Guests who wish to extend their stay at the Hotel may do so at the Hotel's discretion and the guests' financial resources, and at the Room/Unit Charge established by Hotel. g) The maximum amount that can be charged under this Contract is $100,000.00. h) Both parties understand that during an emergency or major disaster,the usual services and amenities available at the unit may not be available, including power, water, wastewater, food, and internet. Therefore, this Agreement covers use of the unit, without any expectation of the other amenities. However,Hotel will use commercially reasonable efforts, without obligation to expend additional financial or operational resources,to provide the aforelisted amenities if available. 5.0 Miscellaneous. ............... 5.1 Assignment. Neither party may assign (voluntarily,by operation of law, or otherwise) this Agreement (or any rights or obligations contained herein) without the prior written consent of the other party, whose consent shall not be unreasonably withheld. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any purported assignment or transfer in violation of this section shall be void. 5.2 entire_ !-eement. This Agreement is the entire agreement between the parties. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter covered by this Agreement. The terms and conditions of this Agreement can only be modified via a written agreement signed by all parties. 5.3 Counterparts. This Agreement may be executed by the parties in separate counterparts each of which when so, executed and delivered shall be an original, but all such counterparts together shall constitute but one and the same instrument. 5.4 Notices. Any notice, communication or payment required under this Agreement shall be addressed as follows: tor OU CI - Contrac : — mw actor: . Monroe County BOCC EOS 11001 Mgn At HoLd-ins LLC as-agent 1100 Simonton St, Ste 2-205 fob"... PERRY L .....-—------------ ........ Key West, FL 33040 7001 Shriw,Kmd Attn: Christine Hurley, p)LW q s f L_33 W, Couty Administrator With a copy to: !MLTalkas galTas@perryke est.corn 5.5 Ap#1pTi!L Each party represents to the other that execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 5.6 Federal and tate Plic Rrd .pb. ecord pqd,�F contract Clauses. The clauses ............. included in Attachment A are hereby incorporated in this Agreement. 6.0 Insm.urance. 6.1 Hotel shall obtain and maintain the following: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with minimum limits of $500,000 per Accident, $500,000 Disease policy limits, $500,000 Disease each employee. C. Commercial general liability, including Personal. Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered ac or omission.of the Hotel or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with$500,000 Combined Single Limit.The BOCC shall be named as Additional Insured on the General Liability policy issued to satisfy these requirements. 6.2 Hold Harmless and Indemnification. .................­............­--—-----------­--.................— The County,as a political sub-division of the State of Florida,as defined in Section 768.28, Florida Statutes, agrees to indeninify Contractor subject to the limits set forth.in Florida Statute § 768.28 for any injury to or death of any person,or damage to or loss of property, or any other thing occurring on or about Contractor's property,or in any manner connected with the use or occupancy of Contractor's property,if caused by any negligent act or willful misconduct of the County or its agents, contractors,employees,sublessees,invitees or any other person or entity for whose conduct Licensee is legally responsible. The Contractor does hereby consent and agree to indemnify, defend, and hold harmless the County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and Employees, and any other agents, individually and collectively, from all fines,suits,claims,demands,actions,costs,obligations, attorney's fees,or liability of any kind arising out of the negligent actions or willful misconduct of the Contractor,but only to the extent of its available insurance coverage and excluding consequential, special, or punitive damages.Nothing herein shall require the Contractor to indemnify the County for any claims or damages arising from the sole negligence, misconduct, or breach of the County or its agents. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date set forth below. The parties hereby agree and consent to the terms and conditions of the Agreement and acknowledge such.by executing the Agreement below. EOS Hotel Mgtnt Holdings LLC as agent for KW Executed by: .Monroe CounIL12OCC Accepted By: PERR..Y LLC .............................................................. Digitally signed by Christine Christine Hurley Date 2025.06.30 17:02:54 Hurley -04'0:01 Signature: Signature: ...................___1 7"T ———------- 1 Printed Printed Name: Christine ley en Troy"Tenses "Title. o �� Administrator 'Title: GeneralManager — RRRR�,� rvrv� � vw Date Date Signed: Signed: � 1100 Simonton Street 7001 Shrimp Road, Address: Tier West,FL 33040 Address: 2 est,FL 33040 hurley— ail: christine6i)monro ,. eec� . cry Email: ttalssile lie est.e� ATTACHMENT A REQUIRED FEDERAL AND STATE CONTRACT CLAUSES a. Termination: i. Tennination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time,upon sixty(60)days written notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR,COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. Either party may cancel this Agreement out cause upon sixty(60)days' written notice of its intention to do so to the other party;however,this provision may not be exercised during hurricane season(June I to November 30)unless both parties mutually agree to terminate. In the event of termination,the County shall owe the Contractor for all goods and services delivered prior to the date of termination. Contractor shall have the right to suspend or terminate this Agreement in whole or in part upon written notice in the event the Hotel becomes uninhabitable or unsafe for occupancy due to disaster- related impacts, force majeure, or operational disruptions beyond its control. ii. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided.In the event of such termination,prior to termination, the COUNTY shall provide CONTRACTOR with ten (10) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred or,if ten(10)calendar days' is an insufficient period of time to cure such breach, to provide documentation reasonably satisfactory to the COUNTY that CONTRACTOR is diligently pursuing a cure for such breach. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract;however,the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONTRACTOR. 2® CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any her action on the part of any party,effective the to of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PLC 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disabilities;4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(ILL, 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol. abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC S. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the is of disability; 10) Monroe County Code Chapter 14,Article II, which prohibits discrimination on the basis of race, color, sex, religion,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes is may apply to the parties to,or the subject matter of,this Agreement. During the performance of this Agreement,the CONTRACTOR,in accordance with Equal Employment Opportunity(30 Fed.Reg. 12319, 12935, 3 C.F.R.Part, 1964-1965 Comp.,p. 339),as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R.Part 60(Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor). See 2 C.F.R.Part 200, Appendix 11,1 C,agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual. orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are-treated during employment, without regard to their race, color, religion, sex., sexual orientation, gender identity, or national. origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representative of the contractor's commitments -under this section and shall post copies of the notice in conspicuous places available toemployees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for fin-ther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 3® Hotel and its subcontractors must follow the provisions, as applicable, as set forth in Appendix II to I C.F.R. Part 200,as amended,including but not limited to: A. Davis-Bacon,Act, as amended(40 U.S.C. §§3141-3148).When required by Federal __...____.................................. program legislation,which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction7). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. If applicable,the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program(it does not apply to other FEMA grant and cooperative agreement programs,including the Public Assistance Program),the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies,must also comply with the Copeland"Anti-Kickback"Act (40 U.S.C. § 3145),as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act,each contractor or subrecipient is prohibited from inducing,by any means,any person employed in the construction,completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall com ply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as maybe applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach.A breach of the contract clauses above may be grounds for termination of the contract,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor,within seven days after the regular payment to of the payroll period,to a representative of a Federal or State agency in charge at the site of the building or work. B. Claimmmms for Federal or State Aid.Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that effect the Project will be provided to each party. C. I Contract or Hour s"and-SAfet ', Standards Act(40 U.S.C.3701-3708).Where applicable,which includes all FENIA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic to of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3 704 are applicable to construction work and provide that no laborer or mechanic must be required to work insurroundings or under working conditions which are unsanitary,hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. a. Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a to not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F . § 5.5 (b)(1), in the sum of$27 for each calendar day on which such individual was required or perinitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1). c. Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. § 5.5(b)(2). d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5(b)(1)through(4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through(4). D. Right§to Inventions MW.ade Under a Contract or AgKqqVNp;. If the Federal award meets the definition of"firriding agreemenf'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 Finns Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. E. Qea q,Air S.C. 7401-76710 )and the Federal Water Pollution Control Act QL3 Ac U.S.C. 1251-1387),. Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act,as amended(33 U.S.C.§§1251-1387)and will report violations to FENLAuTederal Agency and the appropriate Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. 7401- 7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended—applies to Contracts and sub is of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will,in turn,report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. F. Debarment and xecgtiL 9 yq�.Orders 1254 and 12 A contract award ................................. ............ under a"covered transaction"(see 2 CFR 180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p.235), "Debarment and Suspension"and the Department of Homeland Security's regulations at 2 C.F.R.Part 3000(Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905)are excluded(defirred at 2 C.F.R. §180.940) or disqualified(defined at 2 C.F.R. §180.93 5).the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C,in addition to remedies available to the COUNTY,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its to tier covered transactions. G. BKrd Anti-Lobb,jM Amerk �L:ILL& — — _. -) _§135Z. Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.§_1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,000,the attached certification must be signed and submitted by the contractor to the COUNTY. H. ComjLliaricq,with Procurement of recovered materials as set forth in.2 CFR§2Q0.122: CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended,by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1® Competitively within a eframe providing for compliance with the contract performance schedule; 2® Meeting contract performance requirements;or 3. At a reasonable price. Information about this requirement,along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. Americans with Disabilities Act of 1990 as amended A —The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder,and the assurance by the CONTRACTOR pursuant thereto. J. Risqdvan lalqd Businqg_ rprisp(QBB)..Poli yand Obli tiop-It is the policy of the COUNTY that DBE's,as defined in 49 C.F.R.Part 26,as amended,shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. , .32l CONTRACTING WITH SMALL AND MINORITY BUSINESSE& WOMEN'S BUSINESS ENTERPRISES ANDLABOR ........................ ............. .......... -1.­­................... SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever pRs§ft. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the rep qi lit permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance,As�o�riate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor,if subcontracts are to be let,to take the affirmative steps listed in paragraph(1)through(5)of this section. K. E�t%erfli'�t ®Beginning January 1,2021,in accordance with F.S. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S.Department of Homeland Security's E-Verily system to verify the work authorization status of all new employees hired by the Contractor during the to of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all now employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S.448.095. L. Eper&K.E CONTRACTOR will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. M. Access to Records-Contractor and their successors,transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security(DHS)and the Federal Emergency Management Agency's(FEMA)access to records,accounts, documents,information,facilities,and staff. Contractors must: 1. Cooperate with any compliance review or complaint investigation conducted by DHS, 2. Give DHS access to and the right to examine and copy records,accounts,and other documents and sources of information related to the grant and permit access to facilities,personnel, and other individuals and information as may be necessary,as required by DHS regulations and other applicable laws or program guidance,3. Submit timely, complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. N. DHS,Seal,_Lfto and E1 -Contractor shall not use the Department of Homeland Security seal(s), logos, crests,or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 0. Changas.to Contract-The Contractor understands and agrees that any cost resulting from a change or modification, change order,or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project.Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. P. Maintenance of Records. CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR§200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the to of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the to the monies were paid by the COUNTY. Q. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(I) Procure or obtain; (2)Extend or renew a contract to procure or obtain; or(3)Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. R. Domestic preference for procurements as set forth in 2 CFR§200.322 The COUNTY and CONTRACTOR should,to the great extent practicable,provide a preference for the purchase,acquisition, or use of goods,products, or materials produced in the United States(including but not limited to iron, aluminum, steel, cement,and other manufactured products). These requirements of this section must be included in all subawards,including contracts and purchase orders for work or products under federal award. For purposes of this section: a. "Produced in the United States"means,for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass,including optical fiber;and lumber. S. Compliance with Federal Law,Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will crrrnply will l applicable fb er l law, regulations, rr crcrrr ive orders, a"IhMA policies,procedures, and cIf.rrrcrtmw es. T. o Obligation by Federal Government. The Federal Govermnent is not rr party to this contract mid it riot subject to any obligations or liabi:l tics 1:0 the COU: TY/tion-, Federal rrrrtit contrai,c.toa., rrr tray otli rr° rimy pwrrf:aining to rrr°ry rr muter,rcrrrrltiiig l-.rorrr tlrc.ccrrrtrrcctm U. Progrrrrrr 117,raud and.False ox,Frrrrrdrr:Ucrrrt Staterinents or Relatcd. Acts. The contractor acknowledges that 311 U.S.C. C.hap. 38 ( .r:rrr rri.rtTatiwrcr Remedies rFalse Claims and Statements)applies to the con ractoir's actions pertaining to his contract. 4. p . V1 . � QU rim nlf "r The Contractor is bound by any terms and conditions of the Federall -Funded Subaward and Grant Agivernerit'U between Cr:runty and.the Florida Division of 11'niergiency, ] rrnagerrrcr;r:ft(Division). The Contractor sball hold the IDiviri crrr and County ba,nTiless agairmt all clair r r of whatever rraturrc rmi.inn out of the Contractor's perkmance of mrork render this Agreement,to the tent a]lowed and reqUiTed by lawn. 5. :ontradcrr°Must comply mrith Florida public records laws, ihrrcUhrauc ing but not limited to Chapter 119,Florida Statutes erred. Section,24 of article I of the Constitution of Florida. I'lic County and Contractor shall allow and permit reasonable access 110, and inspection of, all crcurrrcrrtrr,rccc:rrrds,papers, letters or offi.cr"public record"materials in its pcwrrscrrrsron or- tinder its control subject to the provisions of`Clrrr rtcrr° 119, Florida trrbrUrrs, and rrrade or received y the Cmmtyand ,;ontractor in c,rrrrjraurrction ww ithi this contract and.related to contract performance. "UClrc ;",comfy shall have the ralgght to r,rrrflrrtrrrrrlly cancel this contract upon..violation of this provision by the Contractor. Failure ofthe Contractor,110 abide by the terms cry"this provision shall I:rcw deerrrrrd a material breac°fir of this contract and the C.crrrrrty may enforce the tcrrrrrrr of this provision in the form ar:f a court rrwc.ccdirrg rrrwcl shall, as prevailing party,be entitled to reimbursement of al I,r ttorney's kes rrrd costs associated with that proceeding. This rcrvi.0 ion shall survive any tcrrrrrfrr ,ion or expiration.of the contract. "]U rc Contractor is encouraged ed to consult with its advisors about Florida Public Records Law in order to comply with Ihis provision. m,crrrtrrrcwtcrr Shall rrrrrrrr:trrrrr rr.l brrok ,mcords, and �r wrc;rrrr°rcrrtr directly,pcimtirrc;rrt to perIbrrr ancrr under this Agreement in accordance,wilh generally accepted accounting pr nc ipics ccrrrrirrtenatly applied. h.3ach party to this Agreement ent a,nd their rrrrl:horize representatives rrhall have reasonable rr:rrd timely access to such records of each other party to this Agreement fi)T'public records and auditing purposes during the term of the Agreement and for 'mwrcr( years followingthe termination of r rr AVrcrcrrrrc nt. If an auditor employed by the County or �leir :dellffrrlines that nionies paid to Contractor pulsoialit to this. . rrrrcrrrcrrt,were rent for Imuposes not rrratborirrcd,by this Agreement,the Contractor sbal l repay the rnonics together with interested calculated punsumt to Section 55.03 the Florida Statutes,running ftom the date the monies were:Paid to Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the to of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract to and following completion of the contract if the Contractor does not transfer the records to the public agency. d. Upon completion of the contract,transfer,at no cost,to Monroe County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County,upon request from the public agency's custodian of records,in a format that is compatible with the information technology systems of Monroe County. If the Contractor does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody,release,alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET,SUITE 408,KEY WEST,FL 33040, publierecords@monroecounty-fl.gov,(305)292-3470. 6. FLORIDA AND MONROE COUNTY REQUIRED TERMS. a. K4jpurq.Due performance of any duty or obligation hereunder by either party shall be excused if prevented by acts of God,information providers or other service providers, public enemy,war,terrorism, any accident,explosion, fire, storm, earthquake, flood, strike, computer outage or virus,telecommunications failure, or any other circumstance beyond that party's reasonable control. b. Gov Law Forum for lists. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Florida applicable to agreements made and wholly performed therein. County hereby consents to the exclusive jurisdiction of the federal and state courts of competent jurisdiction located in Monroe County,Florida for the adjudication of any disputes arising out of or relating to this Agreement. This Agreement is not subject to Arbitration. This provision does not negate or waive the provisions of Article 11 concerning termination or cancellation. c. Ri&1Q,Aud#. 4vailability ofRecords. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records and copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions,bidders list,etc.); original estimates; estimating work sheets; correspondence; change order files(including documentation covering negotiated settlements);backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related to this Agreement,and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,rights,duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records")shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as,but not limited to, counting employees at the job site,witnessing the distribution of payroll,verifying payroll computations, overhead computations,observing vendor and supplier payments,miscellaneous allocations,special charges,verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. The County Clerk possesses the independent authority to conduct an audit of records, assets,and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03,Florida Statutes,running from the date the monies were paid to Contractor. The Right to,4udit provisions survive the termination or expiration of this Agreement. ® Attestations.Contractor agrees to execute such documents as the County may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Clause, a Drug-Free Workplace Form, a Foreign Entities Affidavit and a Vendor Certification Regarding Scrutinized Companies. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not -transact business with any public entity in excessof the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from.the date of being placed on the convicted vendor list." I have read the above and state that neither EOS Hotel M mt Holdim s LILC as plent for KW PERRY LLC(Respondent's name)nor any Affiliate has been placed on theconvicted vendor list within the last 36 months. ............I'll..................................... ........I/... ..... ---- ---------------- (Si nature) Date: STATE OF: Floiid..a COUNTY OF: Monroe Subscribed and sworn to (or affirmed)before me,by means of ER physical presence or 0 online notarization, on (date)bylLqy Talpas (name of affiant)o fle/Sheis or has produced (type of identification) as identification. NOTARY PUBLIC Noftery public State Of Fjobida My Commission Expires. ....................ja' ea Carter 4' '2 " C M M C= Jayme Carter y E Omftla*lcn HH 6635117 COMM18*10n NH 663577 EXPIA04 3/10/2020 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "EfflS.1gotel t�t][Ldin �LLC�asar,�foP:jslm jaLC" ............_M (Company) "—warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in. violation of Section 2 of Ordinance No. 01.0-1990 or any County officer or employee in violation of Section.3 of Ordinance No. 0 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this 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 of or employee." ae .............— ................... ---------- ... ................ (SignaWre Date: STATE OF: Florida COUNTY OF: M.onroe Subscribed and swot i to (-r affirmed)before me,by means of X physical presence or 0 online notarizati( -) -- (date) by Trol Talpas (name of affiant). fie/She is or has produced .......... ............... ........... (type of identification) as identification. MAN y OtOry PubliC State of Florida M =,Carter on ""853577 EXPlra$ 311912029 Or N rARy PUBLIC 7 C12-)25 My Commission Expires: (14� DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: EOS Hotgl gi M ILMt Hol�ns 1,LC as a �ent for X)LPERRY s Cffiame of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are and bid a copy of the statement specified in.subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are and bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction.on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this fi n. n complies fully with.the above requirements. ................. (to .............. ... . . ...... (Si gnatut e Date: ........... STATE OF: Florida COUN'TY OF: Monroe Subscribed and sworn t'�t (or affirmed)before me,by means of N physical presence or ® praline 6'�'", notarization, on,_ 26/ .......... (date)by:LrM, Tajl)qs (name of affiant). He/She is ............ .... .) gLrsoiL or has produced.... .. ............................ (type of identification) as identification. NOTARY PUBLIC Notary Public State of Florida J ym My Commission Expires: 3/J:2 syme Carter V?q................ MyCoileMlselon HH653577 E p1r,58 xpires 3119/2029,2 oil FOREIGN ENTITIES AFFIDAVIT F.S. 7®1 1,!Eos dam of th-la .e city of Key West according to law on my oath, and under penalty of per Jury,depose and say that: a. I am TroN,, Ta Ii s of the firm.of EOS Hotel Mg_nAHoldkpuLLLC a t for KWgER&Y LLC ("Entity'),the bidder making the Proposal for the project described in the Request for Proposals for EOS Hotel MAgint 11olds n L, ent for KW PERRY TAX and that 1 La as N_ executed the said proposal with full authority to do so; b. In.accordance with section 287.138, Florida Statutes,the Entity is not owned by the government of a Foreign Country of Concern, as that term.is defined in.F.S. 287.138,is not organized-under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in.awarding contracts &x,�,si id project. ......................... ----------- ....................................................... Signature) Date: STATE OF: Florida COUNTY OF: Monroe Subscribed and swo o or a�l',ilrrned) before me, by means of 19 physical presence or 0 online peg on ........... (date)by IE21f Tq gas(name of affiant). He/She isperson 'iowii to me or has produced.1gE12Mg&, k4 (type of identification) as identification. .. ................. ................... 0 �y PublIC SWO Of FlOrdids NOTARY PUBLIC yMe C41"er MY C011""41"I" HN 533" 41 Expires 311912 20 N; My Commission Expires: AFFIDAVIT ATTESTING TO NONCOERCIVET FOR LABOR OR SERVICES Entity/Vendor Name. EOS Hotel Mgplt 1AIdi gs LLC s ,gay .t for KW PERRY LL Vendor f`I I1Va-fl:K- .. Vendor's Authorize Representative: Troy jaI ah s, enenr qg r (Name and Title) Address: 7001 Shri- . ]load City: Ke jL s State: L Zip: 33040 Phone .Number: 7 6- - 6 4 Email Address: ttalas( �u� est®car 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 dams not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 7 7m06(2)(a), coercion earns: I e Using or threatening to use physical force against any person; 20 Restraining, isolating, or confining or threatirng to restrain, isolate,or confine any person without lawful authority and against her or his will; 3e 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; So Causing or threatening to cause financial hann to any person; 6. Enticing or luring any person by fraud or deceit; or 70 Providing a controlled substance as outlined in Schedule I or Schedule II of Section 93.03 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 perk ury 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 Ilya ho is authorized to sign on behalf of the above referenced company. Authorized Signature:° Print Name: Troy"I al n.. as Title-,General l�r'Ag lPro opt Doscrn morn s Respondent Vendor Name: ...�.�_ � .. A .... .. .. . m.a; � ° Vendor F:>E, p � V nndor's A thorizod Representative Name and Title: City Al�e State: �� �. �w M Phone Numbers Email Addressor . ,Section 287.135, Florida Statutes prohibnts a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel fist, created pursuant to Section 21 5.4725,Florida Statutes,or is engaged in Boycott of Israel. Section 287.135, Florida Statutes,also prohibits a company from bidding on, submitting a proposal for,or enterinn irnto or renewing a contract for goods or services of 1,000,000 or:snore,that are on either the Scrutinized Companies panics with Activities in Sudan List o• the Scrutinized Companies with Activities in the Iran ]Petroleum Energy Sector Lists which were created pursuant to se 215.473, Florida Statutes, or is engaged in business operations in.Cuba or Syria. .As the person authorized to sign on behalf of Respondent, i hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel fist or engaged in a boycott of Israel and for Projects of 1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran ]Petroleum ]ornery Sector List, or engaged in business operations in Cuba or Syria. [ understand that pursuant to Section 287.1.35, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. N fa:urth r understand that any contract with the County may be terminated, at the option of the Co .ty, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan:List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector fist or been engaged in business operations in Cuba or Syria. who is auntlnorized to sign on �� 'half of ab referent d� ni any Anrutlnornzed S° Fn"nnnt fiTane _, � " " Note: The nst are avai able at th "ollowing Department of Management Services Site; bLil�-L/W,vvw.dms.myflorida.com/busin ss q rorationns/st t ml anrclnasnr <<vw..._W or infonnation/convi qtq s enn e iscri w.n to , co...1jlai fis yq gLjjst§ Client#: 2295555 132KEYINT DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 06/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Leslie Busher NAME: McGriff,a MMA LLC Company PHONE 954 389-1289 FAX 866-802-8684 A/C,No,Ext: (A/C,No): 2200 N. Commerce Pkwy, Ste#200 E-MAIL Ibusher me riff.com ADDRESS: g Weston, FL 33326 INSURER(S)AFFORDING COVERAGE NAIC# 954 389-1289 Ate rit Specialty Insurance Company 16427 INSURER A: 9 Y P Y P Y INSURED INSURER B:ACE Property and Casualty Insurance Co 20699 Key International II LLC& KW Perry LLC INSURERC:Progressive Express Insurance Company 10193 Key International LLC. INSURER D 848 Brickell Avenue, Suite 1100 INSURER E Miami, FL 33131-2943 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X P000005080-01 03/28/2025 03/28/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE 4 OCCUR PREMISESOEa occur°nce $100,000 X BI/PD Ded:$10,000 MED EXP(Any one person) $EXCLUDED X Per Occurrence PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY JECT LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY 980114437 04/18/2025 04/18/202 Ee aBc,den SINGLE LIMIT $1 000 000 ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS ONLY X SCHEDULED BODILY INJURY(Per accident) $ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR PUMB24AG73935842 03/28/2025 03/28/2026 EACH OCCURRENCE s551000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $55,000,000 DED X RETENTION$$-0- $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Liquor Liability P000005080-01 03/28/2025 03/28/2026 $1,000,000/$1,000,000 $5,000 Ded Per Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as an additional insured as their interest may appear in a written contract. APPROVED BY RISK MANAGEMENT BY y.�rsrrrcam DATE 06.26.25 WAIVERNIA. XYE$ CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S37625942/M37351041 FSV This page has been left blank intentionally.