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HomeMy WebLinkAboutItem Q2 Q2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting July 16, 2025 Agenda Item Number: Q2 2023-4256 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard n/a AGENDA ITEM WORDING: Report to the Board of County Commissioners on the Small Contracts signed by the County Administrator. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Small Contract m Canon BPK 06.16.2025.pdf Small Contract m Doubletree KW Health Fair 06.09.2025.pdf Small Contract m Precision Contractors 06.10.2025.pdf Small Contract m Sands of the Keys PB 06.25.2025.pdf Small Contract m Symbiont Service Corp. 06.26.2025.pdf Small Contract m The Perry Hotel m Emergency Housing.pdf Small Contract m Tiki Huts PB 06.25.2025.pdf Small contract Sea Tech 2.pdf FINANCIAL IMPACT: 4895 Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS,$100,000.00 and Under r�ntract_vIt.:_.CANON FINANCIAL SERVICES 187646 _...... .... Effective Date: 6I112025 Expiration Date. 11/30%2098 , Contract Purpose/Description: -.7 18 month FMU Lease under Naspo FL 187640 for 1)Oanop, ilu ruucit al"%A ra 0 2 IY,- 0'11 6A Reptaeeirtent copies for the DigPineKey office. De` rkment , Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Michelle YzenaS 2556 0-614 peps' fit . ,#11 CONTRACT COSTS Total Dollar Value of Contract: $ 3,673.62 Current Year Portion: $ 816.36 (must be$100,000 00 or less) -- (If multiyear agreement then requires BOCC approval,unless the folC fl Is $II�,().Qlilul vl(?or lu° s) Budgeted? Yes No o Grant: $ County Match: $, ..... Fund/Cost Center/S end Cate O : 180-52502 SC_00050 ADDITIONAL COSTS Estimated Ongoing Costs: $62500/yr For: Copier meter usage charges&monthly svc fee (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO iR CONTRACT REVIEW Reviewer An Date In Department Head Signature: D to Z 2505 5 R5 Gr-0 RICK Griffin Date ozs,os.lsnss:39 oaao Digitally signed by Kelly Dugan County Attorney Signature: Kelly Dugan Date 2025 05 16 08 26 33-04'00' Digitally signed by Jaclyn Flail Risk Management Signature: Jaclyn Flatt Dale:202505,1910:1557 0400 _. Digitally s gned by L sa Abreu Purchasing Signature: Lisa Abreu Dole:2D2505,19155a 13 oaoD' D'g tally 'g d by John Quinn OMB Signature: John Quinn Dt,2025.052.1a0901 onar Comments: Revised BOCC 4/19/2023 Page 84 of 105 4896 min. 'c Pniii,m ui m:d(1l1i m 1;olllmai1kins PROPOSAL FOR MC BUILDING DEPARTMENT imageRUNNER ADVANCE DX C3926i The imageRUNNER ADVANCE DX C3900 Series is designed to enable enhanced office productivity and m deliver high-quality color output for demanding office environments. These intelligent systems provide an intuitive user experience and support Canon's range of holistic business solutions. The imageRUNNER ADVANCE DX C3926i model delivers speeds of up to 26 ppm for black-and-white and color(LTR) and scan speeds of up to 270 ppm for 2 sided scanning. The imageRUNNER ADVANCE DX C3900 Series is built on the FIFTH Generation imageRUNNER ADVANCE platform and offers standard Universal Login Manager (ULM), UFR 11/PCUPS Printing, HOD Encryption Kit, Wireless LAN and Remote Operators Software Kit, automatic firmware updates. ♦ WORKFLOW EFFICIENCY- Increase productivity and grow your business with efficient, streamlined workflows. *Ease of Use *Personalized Experience *Mobile Workflow Support *Built-in Intelligence *End to End Creativity. • COST MANAGEMENT- Designed to deliver cost savings to help maximize return on investment. *Cost Saving Solutions for: 1). Information Technology 2). Output Management 3). IT and Infrastructure 4). Admin and Purchasing SECURITY- The imageRUNNER ADVANCE Platform offers a range of security capabilities to help facilitate the confidentiality, accessibility, and availability of your information. *Authentication *Document Security *Data & Network Security. -4, DEVICE AND FLEET MANAGEMENT- Canon's advanced capabilities for device management can help ease IT burdens and maximize productivity. *Sands of the Keys Total Installation and Smart User Support*Advanced Administration and Management Tools *Efficient Monitoring and Diagnostics QUALITY AND RELIABILITY- The imageRUNNER ADVANCE platform has been designed with your business needs as the primary focus. *Outstanding Quality *Award-Winning Technology*Universal Design SUSTAINABILITY- „Less than one watt of power in sleep mode, new low- heat toner uses less fuser heat. *Energy Efficiency *Eco-Conscious Design *Energy Star Rated PRICING- 18 month FMV state contract lease under NASPO 4100000 24 NASPO ACS FL 187646 for $204.09 per month for (1)- Canon imageRUNNER ADVANCE DX C3926i plus 711 B&W pages and 300 color pages per month for $27.03. Total price of $231.12 per month Options Include- Cabinet Unit. OEM toner, parts and labor maintenance agreement to include 711 B&W pages and 300 color pages for$27.03 per month. Overages billed at $0.0106 per B&W copy and $0.0650 per color copy. Includes all toner, service, parts and labor excluding paper and staples. Any questions, please call me at (305) 783-8002 John Ribble * Account Executive * Sands of the Keys Confirmed Proposal falls under Enterprise Alternate Contract Source No 00000-24-NASPO-ACS State Contract � Christine Hurley,County Administrator Kelly Dugan, sst. ounty Attomey 52025 4897 co 0) co d c °tl m III d� w w w w w w w o � a' w w w ems.... Q w w.-.. .r 4 - -.- .. -.w -® ......� i�.. 16 } LL Q:N lQ a o e Xe a E w w w 5 � Q ace LL cs ci ci a m Y o o d o',.o 0 o au: _ uA E as N ` o 0 gi o f� 0 0 m C N e o w Z y $ o uu 0 55 c c Z E Z W� oe >S w � w w w w Z 0 0 w o 0 Q 0 0 0 U U c U a$ e a o 0 0 0 0 0 0 0 0 0 0 o d o o o i0 oc5' a o Z o a o 0 0 0 o 0 0 0 � o 0 0 ® o U .. �Z o 0 0 0 0 ® o 0 0 0 a m I . 0 0' 0 ] w L L O L d .Y o Z E E m E m E o f e U w c w w W e N J w w N w w w w w w n � mo o w w w,. www w <a w w.w w w wen 0 E - ,o ry e W N n 6f ap E m r o, LL o e w LLI O w Z w w w w w -w w - O �...„ Z LL U e. o E $ U � 00 _ r ° cv o c O a 2 '° >n E F- rc g J w rc mw'i w w w w x O ra _ � ww www d d w wwwww wwww z � o a CY re x 0 0 O `w @ a N o o S oN Il um Z Z U U a,r U d r n Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Doubletree Grand Key Contract# Effective Date: 08126/2025 Expiration Date: 08/26/2025 Contract Purpose/Description: Use of resort facility/banquet space for annual employee health and wellness fair. Minimal sustenance for event;including fruit and granola for those who are fasting for biometric screening. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Natalie Maddox 4448 Employee Services/Benefits (Name) (Ext.) (Department/Stop #) Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) 4087.02 (if multiyear agreement then 4087.02 requires BOCC approval,unless the iowl ainni.hliir c 4InwJnr is Icss ifi4ln Budgeted? Yes* No❑ Grant: $N/A County Match: $N/A Fund/Cost Center/Spend Category: 502-08005-SC 00071 ADDITIONAL COSTS Estimated Ongoing Costs: $ 0 /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) IInsurance Required: YES ❑ NO 0 CONTRACT REVIEW Changes Date In Needed Reviewer Date In Br Cook Digitally signed by Bryan Cook Department Head Yes an No■ Y Date 2025.06.04 1152 56-04'00' County Attorney Yes❑ No© Gaelan P Jones Digitally signed by Gaelan PJones J Date:2025.06.04 13:04:06-04'00' Risk Management Yes❑ No❑x Gaelan P Jones Digitally 6.by Gaelan P Jones Date:2025.06.04 13:04:19-04'00' Digitally signed by John Quinn O.M.B./Purchasing Yes❑ No❑N John Quinn Date W 3 :42- Comments: No changes required from County Attorney or Risk Management Revised BOCC 1/21/2022 4899 4) DOUBLETREL k Winn GROUP SALES AGREEMENT Doubletree Grand Key- Key West This agreement(the"Agreement") is made and entered into by and between the legal owner entity of the Doubletree Grand Key- Key West(hereinafter referred to as"Hotel")and Monroe County Employee Health&Wellness Fair(hereinafter referred to as"Group"). This Agreement will become binding on both parties only after it is signed by both parties. GROUP INFORMATION Group Contact Name: Natalie Maddox Group Contact Phone: 305-292-4448 Group Contact E-Mail Address: maddox-natalie@monroecounty-fl.gov Group Contact Mailing Address: Key West, Event Dates:Tuesday,August 26, 2025 Event Name: Monroe County Employee Health&Wellness Fair FUNCTION ROOM AND CATERING SERVICES Function Rooms. Hotel shall make the following reservations of meeting spaces for Group functions("Functions"): Date............................................. Time................................ Event Class Room Setup AGR GTD BEO# ..................................... ....... Tue, 08/26/25 7:30 AM-5:00 PM Meeting Seagrape Boardroom Existing Setup 2358 .... ... Tue 08/26/25 7:30 AM-5:00 PM Meeting Tortuga Ballroom Special Setup 250 I 250 2358 Instructions . _l ............ Total Anticipated Food and Beverage Revenue: $3,350.00* *This figure does not include service charges, taxes or fees for sales of food, beverages and related services by any authorized outside vendors. Function Room Service Charges. Function Space rental charges are subject to a mandatory 22'9�6 administrative fee, of which 16.5%is distributed to the Hote@'s,servers and', as appropriate, other staff, and the remaining 5.5% is an administrative charge retained (and not distributed as a tip or gratuity to the Hotel's employees)by the Hotel. if Giroup or its attendees wish to provide an additional tip to the Hotel's staff,Group and Its attendees should feel free to do so. The mandatory administrative fee Ml be indiuded in the food and beverage piricing. Hotel reserves the right to assign and change specific Function space at its discretion. Group must obtain final written approval from Hotel before publishing function room names. Function Room Set-up and Operation. Group must obtain advance written approval from Hotel before Group, or any independent contractor of Group, may set up its own equipment, displays or facilities for any Function. Group and/or any such contractor shall coordinate all such deliveries/set ups with sufficient advance notice to Hotel. Group will be responsible and shall indemnify Hotel for any damage that Group, or its employees, agents or contractors,causes to persons or property arising out of or related to any property brought to Hotel's premises by Group or any Doubletree Grand Key-Key West 3990 5 Roosevelt Blvd Key West,FL 33040 3052931818 4900 4) DOUBLLTRI-1. hr iluin contractor of Group or by setup or operation of any equipment,facilities or displays on the premises of Hotel by Group or any independent contractor of Group,subject to the limitations prescribed by Fla.Stat.768.28 If there are extensive function room set-ups or elaborate staging, Hotel may charge additional set-up fees. If equipment is necessary that exceeds Hotel's inventory, then Group agrees to pay for the cost of renting the additional equipment. If any rigging is required, it must be arranged through the Hotel and Group shall be responsible for all rigging costs. Food and Beverage Performance. The rates and concessions contained in this Agreement are based in part on the booked or anticipated Functions, and the Total Anticipated Food and Beverage Revenue identified above. Group acknowledges that if it uses the Hotel but does not generate the Total Anticipated Food and Beverage Revenue (whether due to cancellation of Functions, reduced attendance of such Functions or otherwise), then Hotel will be harmed, and that the precise amount of such harm would be difficult to calculate. Therefore, the parties agree that if the Hotel is used, but less than NIA Dollars ($) (the"Food and Beverage Minimum") is generated from sale of food and beverages at Functions, not including any, tips, tax, audio-visual, parking or any other miscellaneous charges,and also not including any revenue from individual sales of food and beverage ordered by Group's guests,outside of Functions(the"Food and Beverage Revenue"),then Group shall pay Hotel, as liquidated damages and not as a penalty, an amount equal to the difference between the Food and Beverage Minimum and the actual Food and Beverage Revenue generated (the "Food and Beverage Performance Fee"). Any Food and Beverage Performance Fee will be added to the Master Account. The Food and Beverage Performance Fee shall be added to the Master Account. Additional Food&Beverage Policies. Unless otherwise agreed by the parties in advance and in writing,all food and beverage served on the premises of Hotel must be supplied and prepared by Hotel. In addition, no remaining food or beverage shall be removed from the premises of the Hotel. At the conclusion of any Function,such food and beverage shall become the property of Hotel. Menu prices will be confirmed no later than ninety(90)days prior to the Arrival Date. Food and Beverage prices shall be quoted exclusive of any applicable taxes and administrative fees. Group shall be responsible for all such taxes and administrative fees. Group must submit final menu selections to Hotel no later than NIA (the"Menu Deadline"), If Group fails to respond, by the Menu Deadline, to any menu proposals submitted by Hotel to Group for any Function, then Hotel may (a) deem as approved by Group any menu proposals it has submitted to Group or, (b) if Hotel has not submitted any such proposals, make its own selections. Other than specifically stated in the approved menu or otherwise agreed in a separate writing signed by Group and an authorized representative of Hotel, Hotel will not be responsible for any specific dietary requests or requirements. Group must notify Hotel of the final attendance count for each Function no later than NIA days prior to the Arrival Date. If Group fails to notify Hotel of the final attendance count for a Function by the deadline above,the final attendance count shall be deemed to be the number designated for such Function in this Agreement. Group shall have no discretion to reduce the final attendance count for any Function after the deadline above and will be charged based on the final attendance count irrespective of the number of people who actually attend the Function. If Hotel, at its discretion, presents a copy of the Master Account to an Authorized Representative of Group during the Function, the Authorized Representative shall review the Master Account before the end of the Function,and shall sign the Master Account if all charges therein are consistent with this Agreement and otherwise acceptable. Any such presentation or acceptance of the Master Account shall not prohibit Hotel from making later adjustments to the Master Account if such adjustments are consistent with this Agreement. Outside Contractors. If Group intends to use the services of any contractor unaffiliated with Hotel to provide any services within the Hotel's premises (including, without limitation, security companies, decorators, florists and audio-visual service providers), Group shall provide written notice to Hotel at least 30 days before the Arrival Date identifying the contractor(s), and the contractor(s) shall not be allowed onto the premises of the Hotel without Hotel's advance written consent. Hotel may require the execution of an indemnity agreement and certain minimum insurance coverages as part of that consent. If Hotel is required under any collective bargaining agreement, requirements contract or any other contract to incur any expense if a particular service provider or set of employees does not perform services that Group wishes to perform itself or to have performed by an outside contractor, then Group shall be responsible for these expenses,which shall be added to the Master Account. Doubletree Grand Key-Key West 3990 5 Roosevelt Blvd Key West,FL 33040 3052931818 4901 4) BILLINGICREDIT PROCEDURES Grow's Master Account. The term 'Master Account" means a running invoice that includes all amounts payable by Group to Hotel under any provision of this Agreement. At least forty-five(45)days before the Arrival Date, Group will identify to Hotel, in writing,at least one representative of Group who will be present on the premises of Hotel (each an "Authorized Representative"). Group hereby authorizes each Authorized Representative to incur additional charges to the Master Account, for example by signing banquet event orders. The following individual(s), whether or not they are present at the Hotel, shall have authority to incur charges to the Master Account: NIA Dei3osit. Group will make non-refundable advance payments(the"Deposit")to Hotel according to the following schedule; Deposit Amount Deposit Due Date $500.00 July 1,2025 Hotel will credit the Deposit against the Master Account. Hotel will return any unused portion of the Deposit to Group no later than thirty (30)days after the last date of the Room Block or application of any Cancellation Fee,as applicable. Hotel may terminate the Agreement immediately and without liability if Group fails to make any Deposit payment required by this Agreement upon notice to Group. Hotel reserves the right to invoice Group for any amount by which the Master Account exceeds the total of any Deposit made by Group. CANCELLATION Cancellation_-y Group. Group event is non-cancellable at signing. Force Maieure. Either party may cancel the Agreement without liability to the other party upon the occurrence of any event or circumstance beyond the control of such party, including acts of God,declared war in the United States,acts of terrorism in the city where the Hotel premises is located, government regulations, disaster, strikes or civil disorder, curtailment of transportation that prevents at least fifty percent(50%)of the attendees from attending the peak night of the Room Block,to the extent that the above described event(s) or circumstance(s)makes it illegal or impossible for Hotel to provide,or for Group in general to use,the premises of Hotel. The Agreement cannot be cancelled under this section because of general economic conditions, including (without limitation) any recession or budget cut. Either party that wishes to cancel the Agreement pursuant to this section must provide written notice to the other party identifying the event or circumstance that is the basis for such cancellation within ten (10) days after learning about such event or circumstance. This provision shall not, however,relieve either party from using its reasonable commercial efforts to avoid,remove or mitigate such force majeure event and to continue performance with reasonable dispatch whenever such causes are removed. If the Agreement is duly cancelled under this Section, then Hotel shall,within thirty(30)days after such cancellation, refund any deposits made by Group. MISCELLANEOUS Signs and Displays 1 Use of Hotel's Name. Group shall not display signs in Hotel or use the name or logo of the Hotel or any franchisor of Hotel in any promotional materials without prior written approval of the General Manager of the Hotel. Group further agrees that no sign, banner or display shall be affixed to any part of the Hotel without the prior written consent of Hotel. Group will be responsible for the cost of repairing any damages caused to the walls,fixtures or carpet caused by any such sign, banner or display. Security. Hotel may, in its sole and absolute discretion, require additional security procedures, at Group's sole expense, because of the size or nature of the Group's use of the Hotel. These procedures may include the assignment by Hotel of additional security personnel employed by Hotel or Hotel's independent contractor (which may be the local police department). Hotel may allow Group to retain an outside security service provider that is approved in writing by Hotel prior to the Room Block Dates or the applicable Function. If Group hires an outside security service provider, Group must provide Hotel with a copy of its agreement with the service provider, which shall clearly provide that such service provider also indemnifies Hotel, its owner, its management company and their respective parents, subsidiaries and affiliates, and all of their respective owners, members, partners, directors, officers, employees, representatives and agents, from and against any liabilities related to the security services. Under no circumstances shall any armed security personnel be Doubletree Grand Key-Key West 3990 5 Roosevelt Blvd Key West,FL 33040 3052931818 4902 41F) DOUBLETREL l]'4 Hillon permitted onto the premises of Hotel without Hotel's advanced written approval, which Hotel may withhold in its sole and absolute discretion. Notices. All notices,offers,acceptances,requests and other communications hereunder shall be in writing and shall be deemed sufficient if hand delivered (against receipt) or sent by a commercially recognized express delivery service (e.g. FedEx or UPS), or certified or registered U.S. Mail, postage prepaid,to the Group Contact,at the address for the Group Contact, both identified on the first page of this Agreement; or, if to Hotel, to the street address of the Hotel premises to the attention of its General Manager, with a required copy to Aimbridge Hospitality,5851 Legacy Circle,Suite 400, Plano,Texas, 75024 Attn:General Counsel. Hotel may change Hotel's designated contact at any time upon notice. Hotel will not be bound by any notice unless delivered to Hotel in the manner specified herein. Damage to Hotel Premises. To the fullest extent permitted by law,Group assumes full responsibility for any damage done to the Hotel to the extent that such damage is caused by Group,its employees,guests,agents,or contractors(other than Hotel and its subcontractors), including any damage resulting from the installation, placement, and removal of Group's displays, equipment, exhibits, or other items. Indemnification. Group shall indemnify,defend and hold harmless Hotel, its owner,its management company,their respective affiliates and all of their respective officers, directors, partners, members and employees from and against all demands, suits, judgments, settlements, claims, damages to persons and/or property, fines, liens, losses and other liabilities, including reasonable attorneys' fees (collectively"Claims") arising out of or related to a breach of this Agreement and/or the negligence or intentional misconduct of Group, its contractors or exhibitors, or their respective employees, agents, contractors or attendees. Group does not waive, by reason of this section,any defense that it may have with respect to such Claims,including but not limited to Fla.Stat.768.28. Disturbances. Group agrees that its use of assigned Function spaces will not create any unreasonable disturbance to other guests or meetings,such as excessive noise,smoke,fog,offensive smells,picketing,or any other form of protest. Neither Group nor its contractors will use such features without advance approval of Hotel. Additional Remedies. If this Agreement is one of a group of(any two or more) agreements between Hotel and Group and/or any of Group's affiliates for Hotel to host events, then Hotel reserves the right to terminate this Agreement and/or other agreement(s),without liability to Hotel, if(a) Group (or, if applicable, its affiliate)fails to timely pay any amounts due and owning under, or commits any other material breach of its obligations under,this Agreement or any of the other agreements;or(b)Group, its affiliate or any of their respective employees, agents,guests or contractors causes damage or disruption to the Hotel's premises, operations,guests or reputation. Notice of any such termination by the Hotel shall be made to Group in writing. If Hotel cancels the Agreement pursuant to this section, Group shall be responsible for the applicable Cancellation Fee as if Group cancelled the Agreement. If, pursuant to this section, Hotel cancels any other event(s) it had booked for Group or one or more affiliates of Group, then Group shall be responsible for any applicable cancellation fee(s)provided for under the applicable agreement(s). Group's Property. Group agrees Hotel will not be responsible for the safe-keeping of equipment, supplies, written material or other valuable items left in meeting rooms, sleeping rooms or anywhere on Hotel's premises. Group is responsible for securing any such aforementioned items and hereby assumes responsibility for loss thereof. Group may not rely on any verbal or written assurances provided by Hotel staff, other than as provided in this Agreement. Property of Group is the sole responsibility of Group and/or its owner. Choice of Law. This Agreement will be interpreted in accordance with the laws of the state in which Hotel premises is located,without giving effect to any conflict-of-law principles thereof that would result in application the laws of any other state. Dispute Resolution. a. The parties shall exercise commercially reasonable efforts to informally and timely resolve any dispute arising under or related to this Agreement before commencing litigation, unless the litigation seeks emergency injunctive relief. b. Any action between the parties arising out of or related to this Agreement shall be filed solely in the United States District Court for the district in which the premises of Hotel is located or, if subject matter jurisdiction in that court is lacking, in a state court where the Hotel is located. Each of the parties hereby consents to the personal jurisdiction of these courts and venue of any such action in these courts, and hereby waives any objection based on the doctrine of forum non conveniens to any such action being adjudicated by any such court. c. In addition to any other obligations set forth in this Agreement, if any action is brought by either party against the other to enforce its rights under this Agreement, including (without limitation)any litigation,the non-prevailing party shall be responsible for the prevailing party's costs related to such action, including (without limitation)reasonable attorneys'fees and expenses,collection costs and pre-and post-judgment interest. Doubletree Grand Key-Key West 39905 Roosevelt Blvd Key West,Fl.33040 305293151$ 4903 4) Dt)UBLETRE L t)z Hillon d. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND MUTUALLY WAIVE ANY RIGHT TO ATRIAL BY JURY IN ANY CIVIL ACTION BASED ON,ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE HOTEL, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,STATEMENTS (VERBAL OR WRITTEN)OR ACTIONS BY THE PARTIES. .Entire A reement. This Agreement constitutes the entire agreement between the parties covering the Room Block and Function(s).and supersecles any previous agreements, communications, representations or agreements, whether written or oral. Any modifications, additions or corrective lining out made on this Agreement will not be binding unless such modifications have been signed or initialed by both parties. Any amendments to this Agreement must be made in writing and signed by authorized representative of each party. For the avoidance of doubt,this section shall not prevent Group from ordering particular or additional services from Hotel through a banquet event order or other document signed by an Authorized Representative. No Assignment. Neither party may assign or transfer this Agreement or any of its rights (other than rights to receive payments) or obligations hereunder without the written consent of other party, unless the assignment is to an affiliate of the assigning party pursuant to an internal reorganization or acquisition of the assigning party,or the assignment is made to an entity that acquires all or substantially all of the assigning party's assets. In the case of a Group assignment under this paragraph,Group shall provide notice to the Hotel and Group shall remain liable unless and until Hotel releases the Group. Any attempted assignment ortransfer by Group without such consent may, at the option of Hotel, be deemed to be a Cancellation, in which case Group shall be liable for a Cancellation Fee set forth herein. Miscellaneous. Each person signing this Agreement warrants that he or she is authorized to bind the party for which he or she is signing. Any provision of this Agreement that is deemed unenforceable shall be ineffective to the extent of such unenfbrceability without invalidating or rendering the remainder of this Agreement invalid. Each party shall execute such otherand furtherdocuments as maybe necessary to carry out the intention as well as to comply with the provisions of this Agreement. The failure of either party to insist,at any time, on strict performance of any terms or conditions of this Agreement, or to exercise any option, right or remedy contained in this Agreement, shall not be construed as a waiver or as a relinquishment for the future of such term,condition, option, right or remedy. No waiver by either party of any term or condition hereof shall be deemed to have been made unless expressed in writing and signed by such party. EXECUTION OF AGREEMENT Hotel's transmission of an unsigned copy of this Agreement to the Group or its Agent shall be deemed an invitation for Group to make an offer. The Group or Agent's return of its signature on a copy of this Agreement shall be deemed an offer by the Group. Hotel's subsequent signature of the Agreement shall be deemed an acceptance of the Group's offer by Hotel. This Agreement may be executed in one or more counterparts,which together shall constitute one and the same Agreement. Signatures sent by facsimile or equivalent means shall be deemed original,valid and binding signatures to this Agreement. Any handwritten changes to this document will not be binding unless initialed by authorized representatives of both parties. Each individual signing this document represents and warrants that he or she has authority to bind the party for which he or she signs. IN WITNESS WHEREOF,Hotel and Group have entered into this Agreement in manner and form sufficient to bind them effective as of the last date identified below. The Legal owner Entity of Doubletree Grand Key-Key West, Monroe County Board of County Commissioners through it's Agent By: By: V h Name: Victoria a old Name: Title: Director of Sales and Marketing Title: Date: ""s Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Doubletree Grand Key-Key West MONROE COUNTyATTORNEY'S OFFICE.. 39905 Roosevelt Blvd Key West,Fl.33040 //// 3052931818 G.Lk-oz- Ga,e.an P.Jones,Assist, ,Countyr Attcasneyr 4904 Date_ 06.03.25 Doubletree Grand Key - Key West BEO#:2358 3990 S Roosevelt Blvd,Key West,FL 33040 Page 1 of 3 4) Phone:3052931818 Date Printed:4/16/2025 D B E R[l Banquet Event Order Group Catering h% Hillon ............. Post As: Monroe County Employee Health&Wellness Fair Event Date: Tuesday, August 26,2026 Account: Monroe County Board of County Commissioners Contact: Natalie Maddox Address: Key West, Phone: 305-292-4448 Email: maddox-natalie@monroecounty-fl.gov Onsite Contact: Vivian Horvath Onsite Phone: (305)307-3763 Catering Manager: Victoria Petzold Phone: (305)307-3754 Email: victoria.petzold2@hilton.com Event Time Event Name Room Setup Agr Gtd set Rental 7:30 AM- 5:00 PM Monroe County Counselling room Seagrape Boardroom Existing Setup $.00 7:30 AM- 5:00 PM Monroe County Employee Health&Wellness Fair Tortuga Ballroom Special Setup 250 250 250 $700.00 Menu Setup ....................... Meeting I Tortuga Ballroom 17:30 AM-5:00 PM Meeting I Tortuga Ballroom 17:30 AM -5:00 PM 250 1 Whole Fruit Apples, Bananas, or Oranges-Chefs Choice Setup Notes: @$4.50 per item Black spandex table cover and black napkin Please see the attached setup diagram. 250 Granola Bar @$4.50 per item ...............Audio Visual ...................... Beverage Meeting I Tortuga Ballroom 17:30 AM -5:00 PM Meeting I Tortuga Ballroom 17:30 AM-5:00 PM 1 Screen&Projector Water Dispenser Station @$250.00 per day COMP 1 Microphone 2 Gourmet Blended Regular&Decaf Coffees @$50.00 per day @$50.00 per item ....................... Miscellaneous ............................... Food Quantity Item Price Amount 250 1 Whole Fruit $4.50 $1,125.00 250 Granola Bar $4.50 $1,125.00 Subtotal: $2,250.00 Service Charge 22%: $495.02 Food Total: $2,745.02 Beverage Quantity Item Price Amount 2 Gourmet Blended Regular&Decaf Coffees $50.00 $100.00 Subtotal: $100.00 Service Charge 22%: $22.00 Beverage Total: $122.00 j Audio Visual I Quantity Item Price Amount 1 Screen&Projector $250.00 $250.00 1 Microphone $50.00 $50.00 Subtotal: $300.00 Service Charge 22%: $66.00 Organization Authorized Signature Date Doubietree Grand Key-Key West Approval Date BEO#:2358 Page 1 of 3 Date Printed:4/16/2025 4905 Doubletree Grand Key - Key West BEO#:2368 3990 S Roosevelt Blvd,Key West,FL 33040 Page 2 of 3 4) Phone:3052931818 Date Printed:4116/2025 DOUBLETREL Banquet Event Order Group Catering Audio Visual Total; $366.00 Function Room Rental Quantity Item Price Amount 1 Tortuga Ballroom $700.00 $700.00 Subtotal: $700.00 Service Charge 22%: $154.00 Function Room Rental Total: $854.00 ....................................... ......... .... ..................... ........................ ...... Check Subtotal $3,350.00 Totai Service Charges 22% $737-02 Total Taxes $.00 Check Grand Total $4,087.02 Deposit Paid $.00 Balance Due $4,087A2 �500 DEPOSIT IS D I UE TO HOTEL AT SIGNING,EVENT BALANCE WITH FINAL-G 11 UEST COUNT AND CATERING SELECTIONS ARE DUE 30 DAYS PRIOR TO EVENT,THIS IS WHEN EVENT BECOMES NON-CANCELLABLE AND NON REFUNDABLE, Function Space rental charges are subject to a mandatory 22%®administrative fee,of which 16.5%is a gratuity that is distributed to the Hotel's servers and,as appropriate,other staff,and the remaining 5.5%is an administrative charge retained(and not distributed as a tip or gratuity to the Hotel's employees)by the Hotel. If Group or its attendees wish to provide an additional tip to the Hotel's staff,Group and its attendees should feel free to do so. The mandatory administrative fee will be posted to Group's Master Account. Approved and authorized by Client: Approved and authorized by Seiler: Name: Name: Title: Title: Signature: Signature: Date: Date: D[1810 illoyof I ......................... .. . ....... Organization Authorized Signature Date Double r GrandXey-Key Jest Approval Date BED#:2358 Page 2 of 3 4906 Date Printed.4110/2025 Doubletree Grand Key - Key West BEO#:2358 3990 S Roosevelt Blvd,Key West,FL 33040 Page 3 of 3 Phone:3052931818 Date Printed:4/16/2025 Banquet Event Order Group Catering D0 L'BLF_.TK1_Y. ��3 itFtel� Keep cicmd h IIIINIIIIIIIIPIIIII �,. it w. keep cicsed �1 EXTRA TABLES ln�' Uli its IUIiUI! ��s�! Wag tttMt��� t L7,11 Christine Hurley Dae�l20signed 5 s07120350 anon Y _....................... ................................................. C7rganization Authorized Signature Dale Doubletre Gr nd K -Key West Approval Date BEO M 2358 Page 3 of 3 Date Printed:4/16/2025 4907 ADDENDUM A (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: 1. Florida Public Records law(F.S. 119.0701). REQQ8D5-_6CC SS A D AUDIT - Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. on 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 I 19 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 HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, k3dley- hdMn@M2aK220M0ht:flA2y, do Monroe County Attorney's Office, 1111 12th St, Suite 408, Key West FL 33040. VIP 4908 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy, Monroe County's performance and obligation to pay under this contract is Contingent upon an annual appropriation by the SOCC. 3. Insurance Requirements (Monroe County Risk Manualy. The vendor Is required to provide the following insurance coverage: N/A Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vindor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required by F.S. 287.133 and Monroe County Purchasing Policy): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work may not submit bids on leases of real property to public entity. may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO fora period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor osr means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required by Monroe County Ordinance No. 10-1"0): By entering in this Agreement, the vendor warrants that he/ft has not employed, retained or otherwise had act on his/her behalf I any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer oremployee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,in its discretion, terminate this Agreement out 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 tote former County officer or employee. 6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor. and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly it employees. By entering into this Agreement, the vendor certifies that it registers with and uses 4909 the E-Verify system. If the contractor enters into a contract With a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized aI'en. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies(F.S.297.136): a. (Applies to contracts > $1 million). This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those to are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification- At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of$1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering Into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F-S, 287.135 or is engaged in a boycott of Israel. 8. Payment- Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218,70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable tothe Clerk. Acceptability tot Clerk is as on generally accepted accounting principles and such laws, rules, and regulations as may govem the Clerk's disbursal of funds. �rl 4910 Monroe County Purchasing Policy and Procedures r TM COUNTY ADMINISTRATOR CII "l It "iMGA� 1 Oil FOR COII'Tl„/ C,"i ~ t --cni1.t'r..a` ii;44.//i Effective Date: 92 ( Expiration Date.. :,- Contract Purpose/Description: 0 Ir/, 1 ► d r Ail,„ r i,;% � %i!,✓ , //ri„/ ,i,//iiie� � ,,;,,, /,//�,,,Ilti�kt'at a/„ ,,,i � „i, , i ,/�f/�;n,��, r/; /aii�,i/�/o//%i/�%,ii/i%//� // �iil„ „/// ,i//;;:„; Contract is Original Agreement Contract Amendment/Extension Renewal rr%%// �i 1 %" )..6....M / //� Contract Manager: �/ CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: - (must be$100,000,00 or less) (If multiyear agreement then requires BOCC'approval,uuunte,ss nine total eualrtnu.ulatuve arnanulant lis $l00,000.00 or Vess) Budgeted?Yes* No ❑ Grant: $22,30000� County Match: $r > .,.;.....;�i....��,rrr,✓i✓/ivy//i/;i/lam/�.,,, Fund/Cost Cetite�1/S end Cate go „� %,, ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance lie hired: YES ISO NO ❑ See attached cols in packet CONTRACT REVIEW Reviewer Date In Department Head Signature: William Desantism ITmmmmmm W4 County Attorney Signature: Joseph X. DiNovo DIM'.:2W5, 06Wgilhad 0 O;U;04'00'° Jacl n Flatt laglt.11y Y tlayl 9yn FNft Risk Management Signature: Y D.k.;2.025060 14W3:51 0400 Dipilally s'yrys7 d by U a Ab— Purchasing Signature: Lisa Abreu D..L 2.025,060612092 0400 OMB Signature: John Quinn D',,W::2025,06 2' 06 °213 0 ._...._.............. urro��taa. racin Irr,¢��: Comments: please see attachment I Memorandum Disqulification for Bidding Revised BOCC 4/19/2023 Page 84 of 105 4911 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR INS"I'ALLA"I"I ION OF A COCONTINOUS E COUNTRTOP MURRAV 1 . NELSON C"OVE INN MEN" CENTE14- SHERIFF' SUBSTATION OFFICE; 10250 OVERSEAS 1-11GHWAY; KEV LARGO, FLORIDA 33037 BOARD OF COUNTY COMMISSIONERS Mayor James K. Scholl, District 3 Mayor Pro Tem Michelle Lincoln, District 2 Craig Cates, District I David Rice, District 4 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR Christine Hurley Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis APRIL 2025 Page I of 33 4912 * TIT �.'r'-.-2.. w�-TA u i . Monroe County Facilities Maintenance Department Monroe County Facilities Maintenance General Scope of Work Job Name: Installation of a ConUnUOUS Countertop Murra)' li. Nelson Government Center- Sherill'Substation Office Job Location: Murray Nelson Government Center, 102050 Overseas Highway. Key Largo. FL 33037 Contact: Kevin Dillon Kevin Dillon 9 Vaoub ���u�tivar :�1�auou°s��.e( a��u 305-587-8036 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Enter into a contract %%ith a qualified Contractor for the Installation ofa Continuous Countertop Murray F. Nelson Goveniment Center- Sheriff Substation OI'liec at 102050 Overseas Highway; Key Largo, Florida 33037.The term ol'this contract shall commence upon the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced,the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty(30)days.thereafter. The Contractor shall be required to secure and pay for all required permits and approvals to perform the work which may include: Monroe County Building Department and any other permitting or regulatory agencies,if applicable. The Contractor shall include those permit fees as a part of the Contractor's bid. Page 2 of 33 4913 Iulau Y M A I A I U !'-U) kk-- t iiy i!;- 2025, Wi 12:00 iu it Hoot]Mcco t'i-n!\ ll. ut . All Quotes must state they will be good for one hundred twenty(120)calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to complete the installation of a continuous countertop against 3 walls * Construct a continuous countertop against 3 walls measuring 120". 196". and 120" o Provide and install matching 4" backsplash where the countertop meets the wall. * Provide and install (6) lockable drawer units as metal drawer base cabinets with structural support installed below for added rigidity. e Provide and install (4) lockable hutches on top of the countertops. Place on each side of the already installed TV. * Provide and install a cable management tray with an access location for wires and various components * Provide and install protective plexiglass behind each location 3. General Requirements A) The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department contact: Kevin Dillon at 305-363-9200 B) The Contractor is required to provide protection for all existing surfaces including. but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv, Vehicles and Personal Property v. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load,haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. Page 3 of 33 4914 iic i:uu' .'t"uI-:iiaii iu'll"il aii 1Cyuu"u-H�uih biii;`sai.iy eyuipiR— G) The Contractor shall rurnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to that specified by the County. 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor shall provide a lump sum price by Thursday May 115,2025,at 12:00 P.M.. via email as noted herein. K) The Contractor needs to be aware of weather and location and plan accordingly. L) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. M)The Contractor shall provide a schedule for all phases of the project. N) The Contractor shall coordinate all activities with concurrent site work being performed, if any. O) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500.000 Bodily Injury by Disease,policy limits $100.000 Bodily Injury by Disease,each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300.000 Combined Single Limit Vehicle: $200,000 per Person (Owned,non-owned, $300,000 per Occurrence and hired vehicles) $200.000 Property Damage or $300.000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required Page 4 of 33 4915 The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street,Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A "Sample" Certificate of Insurance is attached, which may not be reflective of the insurance amounts required for this project,but is provided for "informational purposes"only. P) The Contractor is required to.have all current licenses necessary to perform the work and shall submit the Contractor's License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form, Q) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,the Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,or in connection with,(A)any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement,except to the extent the claims, actions.causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees,agents, contractors or invitees(other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Subparagraph 3(0). herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any Page S of 33 4916 Clallll� UC tJJJCIied 494- 11s1-111C cuulluy uy viiWC W-ally ueficieueydr'uiribiguhl in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained ciscwhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. R) NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion. consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening. directly or indirectly. to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit,or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct,and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. S) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained, or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,gift,or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. T) CODE OF ETHICS. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public Page 6 of 33 4917 �usiiiu,'y 'oil cw,i,a%;Wim,Ci4i,u,lsin}r; t,uU-uisciusu,6 u, use of certain information. . U) DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the contractor complies fully with,and in accordance with Section 287.087, Florida Statutes,as follows: 1) It will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) It will inform employees about the dangers of drug abuse in the workplace. the business's policy of maintaining a drug-free workplace, any available drug counseling. rehabilitation,and employee assistance programs.and the penalties that may be imposed upon employees for drug abuse violations. 3) It will give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1. 4) In the statement specified in Subsection 1,it will notify the employees that, as a condition of working on the commodities or contractual services that are under bid. the employee will abide by the terns 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) It will 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, for any employee who is so convicted. 6) It will make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I) al EmpI21m$11f Onvortunity. The Contractor and County agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The Contractor agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable, relating to nondiscrimination.These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis of race,color or national origin,2)Title IX of the Education Amendment of 1972, Page 7 of 33 4918 a� auiC�iuru (2v ua% aa. iuoi-iva.) aiiu iuo5-1uauj, wiiicii Niuiiiuiis 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 handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended.relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment'and Rehabilitation Act of 1970 (PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912.ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title V111 of the Civil Rights Act of 1968(42 USC s.3601 et seq.).as amended,relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14.Article 11,which prohibits discrimination on the basis of race,color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of. this Agreement. During the performance of this Agreement, the Contractor, in accordance with Eyiud Emplo)►ment 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 RelcNing to Equal Employment Opportunity. and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor), see 2 C.F.R. Part 200, Appendix 11,¶C.agrees as follows: A) The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation, gender identity,or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B) 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 Page 8 of 33 4919 �aC�:wiui, i�ii6iuu;acn,acauai"u�icui�xiiuu�'gcuuCi-iuCuiiiy,ur i1UUU1141 origin. C) 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. D) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer,advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1%5,and of the rules,regulations,and relevant orders of the Secretary of Labor. F) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated. or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page 9 of 33 4920 i l f I IIC L.Ul1Ui1CLUl W111 111cluUC 111C t1U141U11-U1 111C b6lit IIcc 1111111culatta)' preceding Subparagraph (A) and the provision of Subparagraphs (A) through(H)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. [I) ° ' r'min i Il'ar vi,i ns. A) In the event that the Contractor shall be found to be negligent in any aspect of service. the County shall have the right to terminate this agreement after five(5)days' written notification to the Contractor. 8) Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. C) Yerinination for Cause and Rem t i : In the event of breach of any contract terms,the County retains the right to terminate this Agreement. The County may also terminate this agreement for cause with the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide the Contractor with five (5) calendar days' notice and provide the the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, the County shall pay the 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 the 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. Page 10 of 33 4921 u j i ctilm:1 i ull im k knIVS 9 i uC wuuiy 111ay W11111uaic MIS Agreement for convenience.at any time, upon seven(7)days' 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 Art. IX. Section 2- 721 et al. of the Monroe County Code. E) Sq . For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Subsection 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a). Florida Statutes,or(2)maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes,are met. 111) I'dlaintena ce rrf Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (h(tps://dos.fl.gov/I ibrary-archives/mcords-monagement/gentral-records- schedules/),whichever is greater.Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for the applicable retention period following the termination of this Agreement. 1V) Lg ud�: Availability of Retard+. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available;subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files(including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends;any other supporting evidence deemed necessary by the Page 11 of 33 4922 i wuri'ui uy'iur iviuuiuc�:uuiiiy i ci:ui"lilt i;iCiic u1%�,UUR d;lu i:uiupi101W (hereinafter referred to as"County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in the 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 the Owner's representative and/or agents of Owner or the County Clerk. The Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll. verifying payroll computations,overhead computations,observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records,assets, and activities relating to this Project. if 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 Section 55.03,the Florida Statutes,running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. V) The County shall pay pursuant to Section 219.70, Florida Statutes (Florida Local Government Prompt Payment Act)upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act, The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the County Clerk. Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, Attention Nestor Torra, via email at I ijrra- The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully perfdrmed by the Contractor and the work has been accepted by the County. VI) PIMIS Page 12 of 33 4923 i'uc' :uui�aCiu� 1116ai wiuNiy Wll114-10-11da }iuuiic iCcuiu6 iuwb; iliviUdii181l)UL not limited to Chapter 119. Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119. Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party,be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701. Florida Statutes and the terms and conditions of this contract,the Contractor is required to: A) Keep and maintain public records that would be required by the County to perform the service. B) Upon receipt from the County's custodian of records. provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. Page 13 of 33 4924 j r'►`wgUC6i iv 141.ipeci ui CVNy PUbliC W1;Viu6 W40i;ub-iu u i;uuuiy CuuuaCi must be made directly to the County.but if the County does not possess the requested records. the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who tails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10. Florida Statutes. The Contractor shall not transfer custody. release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONT ACTOR HAS QUESTIONS ICEQARDINC THE APPLICATION OF CHAPTER, lI! ORI A STATUTES TO THE CONTRACTQR'S DUTY TO PROVIDE PUBLIC RECORDS_, IIEGATIN6 TO THIS CQN111AEL-,—CO—NTACT THE CUSTODIAN OF ZUBLIC Y AT PRONE N R -292- '470 BRADL,E '"-IIRI.AN& E N'T -Fh.COV MONROE COUNTY A ORNE" 'S OFFICE. If 11 11t.tt N, treel ITEm. 4 EV'� " WEN FIB 4 V11) '-V rl ',stem. Beginning January 1. 2021, in accordance with Section 449.095, Florida Statutes, as may be amended from time to time, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: A) "A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly Page 14 of 33 4925 V lU1QlCli JUUJC\.I IVII M`Io.U9k1/ JllQ11 wi-1111114I1c 111C Culailaci, VVllll LIIC person or entity. B) A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. C) A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph. the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract." VIII) ti . lie uireaaa Snt4 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail,certified,return receipt requested,postage prepared, or by courier with proof of delivery. Notice is deemed received by the Contractor when 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-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: I 40- ..... ........... _. For Owner: Facilities Maintenance Department Attention: Kevin Dillon 300 Magnolia Avenue Key Largo, Florida 33037 and Monroe County Attorney's Office 1111 121h Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party la perlorm its obligations under this Agreement will be excused to the extent that the delay or I'ailure was caused directly by an event heyond such Party's control.without such Party's ttiull or negligence and that by its nature could not have been foreseen by such Party or, il'it could have been Page IS of 33 4926 iuicac�i►. »iiti uuuiuiiiui�iu; (a� ucia ui�iiuu:"t.ii'�'iiiiiiii. ii►ir. uuiiiii,luai:c. �.�I�ivaiuu. tropical storm. IlUrricane or other declared anergency in the geographic area of the Project: (c) kur. invasion. hostilities (whether war is declared ur nut). (crrurisl threats or acts. riot, or other civil unrest in the geographic area of the Project: (d) government order or law in the geographic area of the Project: (c) actions. embargoes. or blockades in ell'cet on or alter the date ol'this Agreement: (1)action by any governmental authority prohibiting work in the geographic area of the Ptbject:(ecich. it "Uncontr6111ble ClrcllntsIIU1CC"). The Contractor's linaneial inability to licrtorm. changes in cost or availahility of materials. components. or services. market conditions.or supplier actions or contract disputes will not excuse perlurmnnce by Contractor under this Section, The Contractor shall give the County wrilten notice within seven (7) days ol'anr event or circumstance that is reasonably likely to result in in Uncontrollable Orcumstanee. and the anticipated duration ol'such Uncontrollable Circumstance,The Contractor shall use all diligent cl7brts to end Ilse Uncontrollable Circumstance. ensure that the chccts of" any Uncontrollable Circumstance are minimized and resume lull perlormance under this Agreement. The County will not par additional cost as a result of'an Uncontrollable Circumstance. 'I'hc Contractor may only seek a no cost Change Order or Amendment lbr such reasonable time as the Owners Representative mar determine. X) Adiudication of Disputes or Disa r crncrtts. 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 is not subject to arbitration. This provision does not negate or waive the provisions of Sections I, Nondiscrimination,or Section 11,concerning termination or cancellation. Page 16 of 33 4927 PROPOSAL FORM- PROPOSAL TO: Monroe County Facilities Maintenance 300 Magnolia Street Key Largo,Florida 33037 a PROPOSAL FROM: The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of- Installation of a Continuous Countertop Murray E. Nelson,Government Center-Sheriff'Substation Office and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability,Federal,State,and Local laws. ordinances, rules and regulations affecting performance of the Work,does hereby propose to furnish all labor,mechanics,superintendents, tools,material,equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings.Specifications,and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty(30)days,thereafter. Page 17 of 33 4928 __.. . _.. ° "me Prgp 1 0 tv l a_ jP .. . . .. . htconslstency between the two,the Proposal!n words sll4rall control. Doi Ig (Total Base Proposal words) $,_ Dollars (Total Base Proposal—numbers) I acknowledge Alternates as follows:N/A I acknowledge receipt of Addenda No.(s)or None No Dated No. Dated Page 19 of 33 4929 Ln Add itinn, Prn�ncPr c!ptPa thst hg,-; P hTs_nrnvided or will thsp f ntinly, @Ind jth thic Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below,the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction:found at the,link on, the Monroe County web page: lit ff-Lt"n Q!L%!nt yit s„ c t t/lids as tx' a l f l g'; AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREON, the parties have caused this Agreement to be executed by their duly authorized representatives,as follows: q '0AContractor: w ..� w.. . . :.. ..... .. � `. Mailing Address: 301r Phone Number: `J E.[•N.: 1 Email: Date: 1 Signed: r ry _. „. Name Title Contractor's Witness signature: Witness name: A01 V l kA- Date: The County accepts the above proposal: MONROE COUNTY, FLORIDA John Allen Digitally signed by John Allen Date,2025,05,1311,38!06-04'00' Date: B . Count Admt.......P._. ... ... ... .,, y' y nistrator or Designee MO(VROe COUNTY ATTORNEV S CWFICe APPROVED AB TO FORM Page 19 of 33 4930 NON-COLLUSION AFFIDAVIT l„ l of the city of _10 Oil according ccor ing t o I on m o l , depose and I am firmoof the f l the proposer making the Proposal for the project described in the notice for alling orWexeuted als or 1 - �� ' l� ° and that I the said proposal with full authority to do so; Z The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement For the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 1 Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening,directly or indirectly,to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signet of Pro see ( ate) STATE OF: COUNTY OF, 0 I I b Subscribed and sworn to (or affirmed) before me, by means of f4physical presence or V online notarization, on---VOre I (date) by _030ft (name of affi+ant). He/She is . rsonally known to me or has produced Notary Public 5164 of F101418 (type of identification)as identification. AMC VI' ' a40 EXP. 41412028 "N"N"W" NOTARY PUBLIC- My commission expires: (SEAL) LO19BNiNQ A D CCMN LILT O INTEREST CLAUSE Page 20 of 33 4931 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE � � e� � M _ 0� (Company) warrants that he/she/it has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the for r County officer or employee". (Sig at r ) STATE OF: (do COUNTY OF; --M- Subscribed and sworn to (or rm d) before me, by means of fl'physical presence or ❑ online notarization, on Oil0 (date) by (name of affiant). He/She is erson , n-twme or has produced as identification. (Type of identification) 41rf- NOTAfqY PUB My commission expires: r° °era"i State of Pionae v (SEAL) go) ' H2401 a err EMS. 4141 026 Page 21 of 33 4932 DRUG-FREER LACE FORM The undmsi I a is or iQ"Mrt j cl 1 Il , enifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture. distribution. dispensing.possession.or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drub abuse in the workplace.the business's policy of maintaining a drug-free workplace. any available drug counseling. rehabilitation. and employee assistance programs.and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1). notifies the employees that.as a condition of working on the commodities or contractual services that are under proposal.the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or polo contendere to.any violation of Chapter 993(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 rive(S)days after such conviction. 5. Imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community. for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section As the person authorized to sign the statement.I certify that this firm complies fully with the above requirements, )to rs .A4 MUM c STATE OF: ri 13 w COUNTY OF: .. . Subscribed and sworn to(or affirmed)before me. by means of physical presence or D online notarization.on (d to),b (name of affianq. He/She is�x �v� p to meo (type of id o t produce n .. �.m atiow amAL ut M r NO A f, 10i Vile mawxaw 1�� rt+ y pies: /AI2 ss M Commission Expires: ENTRY CRIME STATEMENT Page 22 of 33 4933 "A person or affiliate who has been placed on On convicted vendor list following a conviction for public entity crime may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the constrWion or repair of a public building or public work, may not submit bids on leases of reel property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public ent-ity in excess of the threshold amount provided In Section 287.017, Florida Statutes. for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vandor list." I hav I aTtV, to that neither (Proposer's name)nor any Affiliate 6-s"been pla d on the con4v_ici vendor Nat within the lost thirty-six(36) months. (dig lati) Date: STATE OF: I COUNTY OF& gM"J7 Subscribed and sworn to(or affirmed) befbre e, by means of U'p'llysical presence or 0 online notariz 1 on, on e day of. w*of Wont). He/She is 20S'L5. YX (no 4­11-­11 _aerwaa4y-*wmo to me or has produced ....... ..... ...............­­........ (type of Identification)as MY missio ires. _4141202a... to''I' Vj 11. NOT LIC (SEAL) Page 23 of 33 4934 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s), � . Respondent Von or Name:Vendor FEIN: Vendor's Authorized RepTe a�a4�e.kName _w .. .�. .µ�.. e_... w Addre YA_1UY7Y_1 "Tito1 �.� ` —'State: 'City• state � A r �es s Grp ..�... Phone Number" I Email d Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 216.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sector List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services. Certified By: It • who is authorized to sign on behalf of the above refer ced corn ny. Authorized Sl n ure: Print N Title: : Note: The Lit are availablet the followingDepartment of Management Services Site: http//-mvw,drns mytiorida cgm/bUsirless pper�Uons/st_alr� pirchasing/vendor in for nratian.co¢v6rned_sL 5 ended drscriminatorycomolarnts_vendor lists. Page 24 of 33 4935 AFFIDAVIT SING_ C1VE CONDUCT F VI Entity/Vendor Nmm antt:: � Alkl ,�..,.. I Vendor FEIN:l Vendor's Aut or�d Representative: _. ( )y Name and Tale Address city: --- State:,lb ZtP � Phone Number Email Address mmt C Ori1 As a non-governmental entity executing, renewing, or extending a contract with a government entity. Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Subsection 787.06(2)(a),coercion means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying,concealing,removing,confiscating,withholding,or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported govemment identification document,of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally.Vendor has reviewed Section 787.06, Florida Statutes,and agrees to abide by same. Certified by: _ A a , who is authorized to sign on behalf the above refer ced company. Authorized Signature, Ilr. Print Name: - Title: Page 25 of 33 4936 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009. as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Iidderllesponde .- ��. Date: � sm 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? ,___ (Please furnish copy.) 2.Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bid or proposal.) List Address: Telephone Number: B, Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1, Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1)year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bids or proposals) Telephone Number Address Print Name: Signature and Title of Authorized Signatory for BidderlResponder STATE OF: COUNTY OF: Subscribed and sworn to(or affirmed)before me.__W.._..._...._by means of 0 physical presence or❑online notarization, on_ (date) by (name of affient). He/She Is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC (SEAL) My commission expires: Page 26 of 33 4937 INSURANCE RFQUIRPMFNTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre. staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time,except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire tern of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except For the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County,as satisfactory evidence of the required insurance,either: •Certificate of Insurance or •A Certified copy of the actual insurance policy. The County, at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials. at 1100 Simonton Street, Key West, Florida 33040. will be included as "Additional Insured" on all policies, except for Workers' Compensation. Page 27 of 33 4938 `--Any deviatimisfrom thesc General Insurance Regkdrements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements-and approved by Monroe County Risk Management Department. Page 28 of 33 4939 PROPOSER'S INSI IRANC'E AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Compensation Statutory Limits Employers Liability $100,0001$500.0001$100,000 Bodily Injury by Accident/Bodily Injury by Disease,policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300.000 Combined Single Limit Vehicle $200,000 per Person (Owned,non-owned,and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300.000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street,Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend,indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action. (ii) any litigation, administrative proceedings,appellate proceedings,or other proceedings relating to any type of injury (including death),loss,damage,fine,penalty or business interruption,and(iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)any activity of Contractor or any of its employees,agents, contractors or other invitees during the term of this Agreement,(B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents,sub-contractors or other invitees,or(C)Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the Page 29 of 33 4940 insurance requirements included in Paragraph 3.0. herein. Insofar as the claims, actions, causes of action. litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided-by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. P SER'S SIA MMF I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal.. PROPOSER sig-n Attie .:: Page 30 of 33 4941 J, W10009019009905 500 -.9aims Made Vnstjrance i-VI"S"Urance, A' gen- Sig c-y- natrar erne 31 ol'33 4942 It is requested that the insurance requirements.as specified in the County's Schedule of Insurance Requirements.be waived or modified on the following contract. Contractor/Vendor: Project or Service: Contractor/Vendor Address& Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: Date: ., w.Approved ......._.__ „W Not Approved Risk Management Signature: , .............»,,,...,,,�, Date: County Administrator appeal: Approved: . __. ....... Not Approved: Date: Board of County Commissioners appeal; Approved: , .........._........_..,Not Approved: Meeting Date:---- Page 32 of 33 4943 (REPLACE THIS PAGE WITH THE SAMPLE COI WHEN RFS IN FINAL FORMAT) Page 33 of 33 4944 JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law, EFFECTIVE DATE: 9/2W/2024 EXPIRATION DATE: 9/29/2026 PERSON: JOSE R GAMEZ EMAIL: ARLIETVITAOAOL.COM FEIN: 823876447 BUSINESS NAME AND ADDRESS: PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. 7761 SW 34TH TER MIAMI,FL 33155 This certificate of election to be exempt Is NOT a license Issued by the Department of Business and Professional Regulation,.To determine If the certificate holder is required to have a license to(perform work or to verify the license of the certificate holder,go to www.mylloridalicense.com. tlr+a�ll'rAhiTr PurStuant to oarbSoaatton 44tt.al�t t:Ip,F.S.,ara otficat of a eorproralfon,�na otor;:t�oxcrrnplion fralm ttmtS cttalalor by fyln �oortlli�ato of olactiaarr utaalor this section may not recoy$(benallts or compsensation unlor this chaplet.Pursuant to Subrsar lion 440.06(l t),F.S.,Carliffcates o1oloolfon to ba oxoropat Issued undor sibs ctlon(zl)apply only to Ilia corporate ollicor earned on the notice of otectlert to bo oxetapl.Pursuant to subsection 440,05(1 i,F,S„naikms of alectiou loboaxompt and cartlficales of slocilon to be oxampt shalt be Subject lotavocation 11,at any Ilmo allot the Wing of Ilia notice or rho Issuance of than corffftcato.the parson named on the notice or cario"ta no fon"r moats the roapi,rlrew"Is of this Section for Issuance of a tarlilt ate,rha department shalt retrolor a corldticale at ony time for failure of The Person naaW on tha conllicato to moot the rerqutromonts of data Section. DFS-F2-DWC-262 CERTIFICATE OF ELECTION TO BE EXEMPT E01974913 QUESTIONS?(850)413-1609 RULE 69L-6.012,F.A.C.REVISED 0112023 4945 CERTIFICATE OF WSURAkk I,SS3 Q I)AlF 1100 CFAIadrN:'A'L M4111,00 Age AMAE1T!;.rT(aN'INFool"A"W"ONk,V AND a:04F940 Nn(A01100PON 1119(CIA n1`I(`AIt T€TT(01,q 11,13 C ER Ili It AT I:o6li I ucq Aff"tMA IAITrLY QH NIi1AYIVTT V AMC NO,ERIE 4A4 ALEhR Veit ICOV'LIIAOE AlftOnatt)BY IIIC'PUtKIES RE COW NTra CERTtF'tC AIV,Ot aIttlfA,wiICC CKMI ; NOT C0103:01.T1t A COWI MAC I Ot IYnb'EN N11 41UNNO rNMINnEN�St.Atp T1rETRR'iI TT RFFRESENIAT NO,CNN FRIf OVUR,Ago NIF CERINF R,AIE HOtimp rTdAp'R VAN ofTH(CEO TNfk':4g(AJOLarIFT'.RNE AN a4A9TpIVORA L IIIMOIIVDN LV1E I BE E MMLp�„+`0011k W SOUROUAtIO'NiI WAIVED,SU RJCC If6 ITeE I(NAts AND O#JKo111003(Ce I jot$101ICY,CEA1A1N0QL0CtY314AYRLOUIREANtNDOA1(M(NCASIAI'LINENT om 11eMl.LR«IIER',AIEo(gtS NOW CNNfFR AofI VIVO Itit 4ERNTit"ATCOVIO(AwIrEIu(HT SI:MITIII 4I. PRODUCER a INSURER1S)AFFORDING COVERAGE Nerghhom Insurance Agency,Inc INSURER A Mesa Untlerwnim Specialty Insurance Curnpany 7149 West Flaglor SI Mimi,FL 33144 INSURER d: NrA INSURED INSURFR E: Precision Contractors of South.FWrmil INSURER 0 7761 SW 34Ih Terrace Miami FL 33155 INSURER E NIA COVERAO'ES TNT!IS TO C ER1I7Y T6El 1'1HE POM I' 9E OF INSURANCE LISTED OELOW HAVE DEER RISUE0 TO THE INSURED NAMED AOOVE F«OR THE POLICY PERIOD INOICATEO,NOT'WITIiSTANOINO ANY REOUIRCMENY,TERM OR CONOITNON OF ANY CONTRACTOR OTHER DOCUMENT W111H RESPECT TO WHICH TN$$CERTIFICATE MAY DE ISSUCD OR MAY PERTAIN,INC INSURANCE AFFORDED'BY THE P'OUCIES DESCRIOEO HEREIN 13 SUS.JECT TO ALL THE TERMS.EXCLUSIONS AND CONOIT'IONS OF SUCH POLICIES,LIMIT'S SHOWN MAY HAVE OPEN REDUCED BY PAIDCLANMS. ahN1;,Na� rypc.Or T°CbLli v POLICY �' I"CNN.N�.Y' twits. II1 IN*"ll ,,;AN4rWk� IORIIIMIIT6GI f�l',(t,IWw7YAttl; I'; FIHfiTt NI;A1h A I'«I NIT IN,Tt TrAII'Trro N1 h'If;(,'R2y r,LTtt,rTAt AG;aaIWF„„rLA CL i 71'T'Ydb,rCr:'rN✓ r�aar3a,IartT r�r:cyCk:a`9r ✓*a";� � a 4y'4'Y,GY:uI'., JaO' F�C3 Lt Digitally alar 4by Jaclyn Flail 0"I�C NJo aN&4A1)V WJa I,fl[ � YCa, &gLli 9 Dale:2026 Cti,.0114:23:113-04'00 LAC, .mllU . � T00do10 4 I,VT11N4,AGf.PII$EWS REINa lRElI910 V 1,,)V 100,000 q yp MED EAPENSE(Any aemn pcp�unl S.QGtNI Ib I't rr'yN7dul 61Am II IvY COMUINED SINGkE(WIT f klEnICAL PAVIVENTS T00"IERS 4. I MA 4S LIA01I iTY EACH OCOARENcE Aa'...EGATE i IF P1,1044:04 ti;LlaT tt F.Rd't S 6TflA"''i,PNFS30M9C ME FCARRIERS OR THE OBLIGATION N TION E H INSOLVENT 0 THE HE FLORIDASURPLUS LINES CT T P'EHE E I@aINT O O ITY SURPLUS LINES THIS INSURANCE IS 1RSU90 PURSUANT ON OF THE FLOIpA GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY UNLICENSED INSURER. SURPLUS LINES INSURERS'POLICY RATES AND FORMS ARE NOT APPROVE®BY ANY FLORIDA REOULATORY AGENCY, tYESd."Ilgk"q fkF r;;4'"ENIATr()N$dSPEC 1V ITERRS� l°+aa+4P YI 4tAuti Ex µ,a y,n°„�pymrvmgµr¢;r'F:'.n rruG'Ta Amd"wTV�Y.m C�iVAClwea®e®ecweu ar.l�mpeh.i-emaVue9mar aa6As aP P R lem[e,d ,q kamTregy4 FJgmwus K'.u�nwlV OI+Tud Tag I.'ar"arnaY Caw rrn,At.Iwra,em rmr®erwaatl pd ar T r r ki e�rN LeWay SURPLUS LINES AOENT VIROINIA CLANCY LICENSE/A20000! 139TT FEATHERSOUND OTIIVE PO ROX 17060 CLEARWATER,FLORIDA 33762 CCItTMf'CA.1EHOLDER_.. ...._.. .. ... SOCKADABIWOF INIA'SOVIEMOCRppEOPTN,.tlCIF,AS'EC,AWyCItlT,tl,FC( ... Off Oft IN 190evAllKIM OATS;IHESSOF„KOTTCI".wxt.at"0111,ofO OI lL4larIft Corny eased of County ass s ACCOROAWE Went TN0(FW ICIE PREotitt bits.. 1100 S>aI>el 1106 91 Key West.FL 33040 ANININIRT2'N?D I1tlR"rUldlkal'4,eNRh 4946 CERTIFICATE OF LIABILTY INSURANCE ®"rc�aal ��`�' G CL"aa 'ss R, m��aL" �I� 5,�,�u�wa`m3" ��w« �T dnwv� gar uu��^�par�T�row;�m�"al� �»�r eehl � ' p o N H!(EH[ !� 1 E CE IFIC dl~ION,1?EII.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 INSURERS). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. EIW'6mT}RTAfkTr M the Corlificishii bolder Its,an ADDITIONAL INSURED,the policy(Doak must have ADDITIONAL 1 4 p1� �f n�lslaru�a ddM'and If SUBROGATION 16 WANED,subject to the term*and conditions of the policy,codeln pellcles may require an andorasment, A statement on in IEou of ouch on cw"MsnlMsL Illls s%11licsle does not cnnTsr rI hE*fn ldas carlEfMcsEe hralrbar p� , .�,,,,-- . � , r E GEORGE RAMOS NEIGHBORS INSURANCE AGENCY Iul,tl 20 0SIBS „ylU (705)265.7775 1A4 ( ,� 7149 W Flagler"sl sa„ I041Tl&ale 9 esinsurane nip comm_ ..Minatemis, aF _ _ Ab C MAIL r Miami FL 33144 caA INFINITY INSURANCE r+Nuaso _' eetuAEt%a Precision Contractors of South Flondis imounsm c 1761 SW 34TH TER auaEao REA E NERIrQ1tlR #i 33155 28159LT f HIS 15 TO C CERTIFfCATC N�E)dBPTN � .. ......._ �'$1!.11"�SIN1Rd NNUIIWBBE�R w_..w ��M�. S TO CERTIFY THAT THE P4LtC1GS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TMEz Im iCL 'Y PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH IRIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED Y T POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE PERMS, EXCI USIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS arsa TNt...... rwTT or R!1%QR"Cf CLAIMS MADE I OCCUR CAMAtt TO NTNTEO ,. �..�.• „PKRNSIS air vtw, %e1 ,1 ♦ MEOEMP IAnpwr�san) % Jadyn Flatt Date:2025.06.051423:19 04'00' PItR5(WjA4 AAA9VIR1,NRV % Pot W,v mAIDECT �V,PER w GENE",A(,4.AEQSAlf �It CIFIIWa AQnQ"�rkf.0Alf O,VIT AP01VIE' LOC ^S4VV c T,S-d anal CV A60 % tl ltloR�1R , rir tl awrmw grs iN w;a Inl S3 00,000 AN AurO Ito 44z' 111 A rmwrml WR .-r arI h 1.rk _.AORYSQ NIJ x AAAION Y 509.82008-6946.061 „!,elYr;I'R„I�, 11r212 25 a�'^�a>m,wlreWRurmw II ,,, I,:s 1ulalta 0ON4tlRwWO aaAG dAn mlG 1 AVATekPu a";MWp.re „. „Aar1a'u".#04 v ,Im"ln awa VmQnMIg 0 UNOM f,OLA LIAa� 1 d..._..,<CAG,CV.YDI I EAG;,WB d:AOCI,UW¢fm@.Pkti;.f „ .._..ro IEI CIIISAE%Aa fCILIAIAS;dA1„, A"nS`umIFQJATE T IrYIrvFGrkNaa IC PIaATMTIM _ .��„ NtMdEN4EWIP9,nrarklk'"tN1Us*„iTY 1.. _, � i hhp�lm., I„ (�Wfre Ann r'ICC}N'RaL IdYA'I"AA1 PI .kExECUfIVE YCI Worms 01AIVIAR C4IOED NIA EA EAowACGICIEN4 �I I N11IrII I I DISEASE EA Pk9' _f 0vE I LI it L a1 ckA1�1b+ro twwlw ...tCmro psaa) IAI�yr,f tl RAT gCe11D IN MonroeT County Board of County Cmrxnlsaionen li sted D Ill, as an Additional Insured MweIe�11A110Ne/IOGTIpMs/VlNCIEe ,WIwy{ewnrrs rf slea B d E R SHOULD ANY OF THE ASOW og$CMUQ PIDWEIIII BE CANCELLED WVOK Tsar TION DATE TSI#A10F„ NOTICE WILL K DEIJVEILED IN Monme County Board Of Commissioners ACC ANCE WIN THE POLICY omovams. 1100 Simonton St. Key West.FL 33040 Aurl raEsaarraTrro 471SINE 16 A QN CORPOlIAT10N, Al1/lOhts InaooT roll„ ACORD 2642016431 This ACOftD name and logo we reSistomd marks of ACORD 4947 PRECISION CONTRACTORS U-f: 786-759-3555 Date: 05.15,2025 Address:Murray Nelson Government Center, 102050 Overseas Highway, Key Largo, FL 33037 ATT. Kevin Dillon RE:Installation of Continuous Countertop Murray E.Nelson Government Center-Sheriff Substation Office We are pleased to submit our proposal for your project at the above referenced location.Our proposal is based on the information provided to us by owner and by our field observations. Our total sum quote inclusive of the description and specifications included in the breakdown is for the amount of$22,300.00 This project is proposed to reach substantial completion within 10 days from the date we receive the deposit to proceed. Scope of work • Demolition of drywall for cable management tray • Drywall finish work and touch up paint included • Demolition of(5)electrical receptacles • Relocation and install of new electrical conduit and receptacles • Install 436"of cable management tray • Install protective plexiglass • Assemble and install new desks and lockable hutches as specified *This price is good for 30 days. ........W... Precision Contractors of South Florida,Inc. �� 1 Phone:786-759-3555 Email: 4948 PAYMENT SCHEDULE: Balance at completion: 100% $22,300.00 TERMS: Any alterations,deviation and/or changes in plans from above specifications involving extra cost will be executed only upon written request by the owner and will become an extra charge over the estimate. This proposal does not include costs for testing and remedlation of hazardous materials,costs for remov- ing, relocating, repairing,or modifying existing framing,surfacing, HVAC, electrical,and plumbing sys- tems(or bringing those systems into compliance with current building codes),costs for testing and re- mediation of hazardous materials(asbestos, lead,etc.),and/or permit or inspection fees required by lo- cal building department for the overall project,if any. All agreements are contingent upon strike,accident,or delays beyond our control. Payments shall be made in accordance with this agreement. Precision Contractors of South Florida, Inc. shall impose a 1.5%monthly late charge fee on any payment received more than 30 days after due date. In the event that payments are not timely made, Precision Contractors of South Florida,Inc.shall be en- titled to recover all costs associated with collection of funds due, including but not limited to reasonable attorney's fee for collection, litigation and appeal. This proposal is subject to final approval by an authorized agent or officer of Precision Contractors of South Florida, Inc.following acceptance by you.Only then so accepted and finally approved shall this proposal constitute a contract between us. If we can be of any further help please don't hesitate to contact us. Approved by: Accepted by: Jose R. Gamez,President Precision Contractors of South Florida, Inc. Precision Contractors of South Florida. a ee.. .n...... .. - . ------------- --------- ....w Inc. 2, Phone:786-759-3555 Email:&i,jp@ 4949 ATTACHMENT A PRECISION CONTRACTORS OF SOUTH FLORIDA, INC. PROPOSAL FOR THE MURRAY NELSON SHERIFF'S SUBSTATION 102050 OVERSEAS HWY, KEY LARGO, FL 33037 INSTALLATION OF CONTINUOUS COUNTERTOP 4950 IR 9k PRECISION CONTRACTORS PH- 7 --7 - 15 5 Date:05.15.2025 Address:Murray Nelson Government Center, 102050 Overseas Highway, Key Largo, FL 33037 ATT.,Kevin Dillon RE:Installation of Continuous Countertop Murray E.Nelson Government Center-Sheriff Substation Office We are pleased to submit our proposal for your project at the above referenced location.Our proposal is based on the Information provided to us by owner and by our field observations. Our total sum quote inclusive of the description and specifications included in the breakdown is for the amount of$22,300.00 This project Is proposed to reach substantial completion within 10 days from the date we receive the deposit to proceed. Scope of work 6 Demolition of drywall for cable management tray Drywall finish work and touch up paint included a Demolition of(5)electrical receptacles a Relocation and install of new electrical conduit and receptacles a Install 436"of cable management tray a Install protective plexiglass Assemble and install new desks and lockable hutches as specified *This price is good for 30 days. ......—,_....................................... j Pre�isl�ara ear�tra���ars a�5a�+kh�N�rri�a„Inc. Phone:786-759-3555 Email: N �m t1. 4951 PAYMENIS� EDULE: Balance at completion: 100% $22,300.00 TERMS: Any alterations,deviation and/or changes in plans from above specifications Involving extra cost will be executed only upon written request by the owner and will become an extra charge over the estimate; This proposal does not include costs for testing and remediation of hazardous materials,costs for remov- ing, relocating, repairing,or modifying existing framing,surfacing,HVAC,electrical,and plumbing sys- tems(or bringing those systems into compliance with current building codes),costs for testing and re- mediation of hazardous materials(asbestos, lead,etc.), and/or permit or inspection fees required by lo- cal building department for the overall project,if any. All agreements are contingent upon strike,accident,or delays beyond our control. Payments shall be made in accordance with this agreement. Precision Contractors of South Florida, Inc. shall impose a 1.5%monthly late charge fee on any payment received more than 30 days after due date. In the event that payments are not timely made, Precision Contractors of South Florida, Inc.shall be en- titled to recover all costs associated with collection of funds due,including but not limited to reasonable attorney's fee for collection, litigation and appeal. This proposal is subject to final approval by an authorized agent or officer of Precision Contractors of South Florida, Inc.following acceptance by you.Only then so accepted and finally approved shall this proposal constitute a contract between us. If we can be of any further help please don't hesitate to contact us. Approved by: Accepted by: Jose R. Gamez, President Precision Contractors of South Florida,Inc. Precision Contractors of South Mrlda,Inc, 2 Phone:786-759-3555 Email it", ' Y4S.i7CNSCtR,I? bll.• r 4952 Orecislon"C"Contractors c t o"rs-6f,South'' Flor-ld—a,"in,c. ------ ----------------- Phone:786-759-3555 Email 4953 ATTACHMENT B ADDITIONAL BID REQUES BUILDING PROJECTS UNLIMITED. 4954 Phone: (770)895-8753 Email: Sbc85480@gmapl.com B) 11"],d1lin CT, UNLIMITED 9 Murray Nelson Government Center 102050 Overseas Hwy Key Largo, FL 33037 PROJECT ESTIMATE Ma8Dayss,. Email:.Cg nzaez�keysso.net Pro ec Materials Description amount l Materials (5)sheets of 5'X9'matching countertop wood, 1 roll of $8628.00 edge banding, glue,joining biscuits, (4) 66"wide X 3 " tall black metal lockable hutches, (4) hutch mounting hardware kits, (2) 3 "wide X 27"tall black metal lockable wall cabinets, (8) 15"wide X 28"tall 3 drawer black metal' lockable base cabinets, fasteners, I pleiglass, wall anchors Carpentry using customer specified material, construct a $4800.00 continuous countertop against 3 walls measuring 120"t 196" and 120". Install matching 4"backs'plas'h where countertop meet the wall. Tlie countertop will be Installed on metal drawer base cabinets with structural support Installed below for added rigidity: The base will consist of(Fa) lockable drawer units.`there will be(4) lockable hutches installed at customer specified locations on top of the countertops.There will be a lockable wall mount cabinet Installed on each side of the existing TV. Below the countertops will be a hidden cable management tray with access locations for wires and various components. There will also be holding trays for the existing CPUs that will remain accessible at all times. There will also be protective plelglass Installed behind each location of new countertop, Total: $13,428.00 Additional work: Comments: 4955 3 0 0 ai 0 0 � 3 m n o c d o ul n a E E g � — a o m ed V) r v a co o -0 d '" V M 0 C O p O O N 4+ ` L- O O. �+ 3 *' N A m Z r ro c co j2 I22 acc t L E 0 0 tko Y m o� . E a o ., n' c t. �1 Y N IA 0� 2 Id � O � "¢ p m00 in O �^ m alO w an Arw IA o IMMIR 4956 9 u o m a O�U c UA v OU r � o E in � H o E O" 4° Aw w o O c a OU O E 3 z O o 4A 6 � a u cm SU a O O � Q N z ° t o Y o U Y 2O2 2 �? CL m L C a n a `° � aj CL .c u L. Z a� O N C of a1 a � 0 3 a� ° Z p C L ° `° WU LL ? aj bb F4 U C O W y C y c c a oa 31 m0. 13 ° Ln o a O eh � }c v m aQ O O O N mQ cu r 0 C VCC w o E N �oC � 0 �° O O d c a° c oa c to N 3a) �N� ° ° p ° U f0 av+ Y W C Q N N 3 ® C® zW U�aa E Vm1 C � O ti4 CI �H Oi E- L N TLn . oo a► a� a► o c a as �iviHc`� �n c°7 � Im ° aaa ° CU X ® 0 Q H T r� mmuyw 4957 41 E o o t ov A �3 �68 a o a 00 a,y F O U 7 m o0 � c o� c w m wO C OQ c E OU m [- u U OZ 0 C o P, 3 o M c., a 3 F O c ! W 2 40+u O m c io Wd E O O W+ a A U +O+ � N yO C G. d O O 'Q c u a m 41 0 E O U. mu w-. a V v -oo o c U N C _ Q.Wi Vf i C yz a A w 3 u O p apqq E v z o (U o � .wo M-i ~ 'moo- 0 CC in tu m a� c '^ . a d w `^ m -o 3 N iy C p M � O t 4v+ Q am 00 N m � Ln �> 4+ M Q N ° O Ab-or 'Z�77 4+ a '^ O y a Qj Ln E m N O Q "V f0 �V > % ` N 0 a N L. 3 ig N 1. U m P4 4T N vv Z ' L� L C 4) UOLn Z ac W t93 ' O Z a o +•' 3 ra o a � '� wU m T z °-' z a E :7 o a a LL o as � � Hv°i 2T �` v� O mmwmm 4958 m 0 0 o� OA �a WO rx �" pp�qq O� � A O O OQ OU 6- FM OQQ U " W O H W� D F W O a� �A o U� v d a WUW �6' � " rWppUqq I l u J.-I 4959 a m 0 a m E a rn a o >' y a a E T u � 3 � 49 c a o E E ,-° C m a n c m 3 o ,0 o a to o — a+ L O a o E u r a a a .- .� 0 .0 cci c a E o a o +� E Q > a m 19 E as c o c '3 cu - a — ¢ a c o a m v � ,� c a c m @J w �' a ° v ° °' CD N 14- cv c + a ° °' E E U N O m C O � a LA 0 V m O c to `~ v, ui a +�+ N a w > a ato Ln r .o, O m $ 3 a m m 01 m z $ N a o a- o u mHfowOEac °-- � m a o m o 4' � ° � c t t h > � G m ° O a +' E (A -0 'n o v s- Ln " 3 � o vo L- 4- Gomm ° m u O1 E s aOU -0 a Sri a 4. m O 0 m a 0 0 A 0 -0 Z LA +" O "a VN c L G OJ a m O G Z 40 4 Zj C "4' Z In N m C c Z a a a a a ® 6J U i m� a° r- ni 0.E 4960 **Memorandum** **Subject: ** Candidates' Disqualification for Bidding I would like to clarify why the other candidate, Building Projects Unlimited, did not qualify for the bidding process. The disqualification was primarily due to two key factors: 1. **Lack of Insurance Documents: ** Building Projects Unlimited did not provide the necessary insurance documentation for their bids, failing to meet the stipulated ulated partici pation criteria. Requested documentation on Ma y y 20 and May 23. 3. "Failure to provide notarized Paperwork" - Building Projects Unlimited could not provide a notarized document past the established deadline. Requested documentation on May 20 and May 23 These factors ensured that Precision Contractors was the only candidate that complied with all requirements and was considered for the bidding process. They were also chosen because they were the only ones who could meet the time frame within which this project needed to be completed. Kevin Dillon Upper Keys -Facilities -Building Administrator William DeSantis ~�~~°~-~ M s..m.bn.Maa anM Y.d vM William DeSantis Director - Facilities Maintenance 4961 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $1,00,000.00 and Under Canon USA lnc NASPO-ACS FL 187646 Effective Date: 07/01/25 Expiration Date: 06/30/30 Contract Purpose/Description: Canon Copier Equipment 64 month lease Image RUNNER ADVANCE DX C3926i FMV lease under NASPO FL contract#187646. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 Parks & Beaches/Stop#2 CONTRACT COSTS Total Dollar Value of Contract: $ 7135.80 Current Year Portion: $ 356.79 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ion aint ihlii�w 4Im, ni is sl00,000.00 or l,�kk). Budgeted? Yes No� Grant: $ County Match: $ 0.00 Fund/Cost Center/Spend Cate o : 20503-SC 00050 ADDITIONAL COSTS Estimated Ongoing Costs: $30000/yr For: Copier Meter Usage Charges (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO 0 CONTRACT REVIEW Reviewer Date In Department Head Signature: John Allen ned Date Digitally s50613yJohn All-0'.2025. . 15'.03'.39 4'00' Ana Walter Digitally signed by Ana Walter County Attorney Signature: Date''2025 06.1614''09''53-04'00' Jaclyn Flatt Digitally signed by Jadyn Flatt Risk Management Signature: Date''2025'06.1614''50'.34-04'00' Purchasing Signature: Lisa Abreu DIOde'2025 06 netl5Y 64 26-0 Dzte.202ly ,gn.d b,6 Ab-04'00' OMB Signature: John Quinn Dlgdal202ly 5 neaby759 J.hn DWnn Dete.202,g 06 n.d b 01.59.31-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 4962 of the keys, inc �bp rq ��d a N +rVl6 (.au fl<� i'r'(: iirOOf,�mj! drrrrl°riGF;�u Proposal for MC Parks and Beaches under State Contract# 44100000-24-NASPO-ACS FL 187646 Canon imageRUNNER ADVANCE DX C3926i Ships standard with 200-sheet Single Pass Duplexing Automatic Document Feeder, Envelope Feeder Attachment, 100-sheet stack bypass, 2 x 550-sheet Paper Cassettes, UFRII/PCL/PS Printing, Direct PDF/XPS Printing, Color Universal Send with PDF High Compression, Encrypted PDF, Digital Signature PDF (Device and User Signature), Trace and Smooth PDF, Searchable PDF/XPS, OOXML(Scan to PPT and Word), Universal Login Manager(Requires Download),uniFLOW Online Express, Access Management System, SSD Data Initialize, Data Encryption (FIPS-140-2), IP Sec, Encrypted Secure Print, Secure Watermark, Web Browser, 3.5GB RAM, 256GB SSD, Color Image Reader, Ethernet 1000Base-T/100Base-TX/10Base-T,USB 2.0/3.0 Connectivity, Wifi Connectivity, Remote Operator's Software Kit, Color Network ScanGear and Drum Units. For proximity card use, DX platform devices come standard with iC Card Reader Box. Any configuration requiring a Proximity Card Reader is an additional purchase. Location of Unit: Big Pine Key Comm. Park 31009 Atlantis Drive, Big Pine Key, FL 33043 Pricing: 60 month state contract 44100000-24-NASPO-ACS FL 187646 at$118.93 per month for (1)- Canon imageRUNNER ADVANCE DX C3926i effective dates 07/01/2025 - 06/30/2030. Options included in pricing: as listed in the attached CFS State Contract Equipment and Services Worksheet Service and Supply Agreement: Zero base maintenance program billed under state contract# 44100000-24-NASPO-ACS FL 187646 at rates of$0.0111 per B&W page and$0.0683 per color page. ➢ Includes delivery,setup,and connectivity ➢ Onsite customer training ➢ Toner replenishment ➢ Meter service provided through Canon Financial Services ➢ All local supplies,parts,and labor excluding paper and staples ➢ Average 2 hour response time to service priorities Please feel free to contact me with any questions at 305-783-8002 Thanks Christine Hurley,County Administrator John Ribble Legal Reviewer `/�, Digitally signed by Ana Ana V Valte+r Datee2025.06.16 14:29:00-04'00' ---------------------------------------------------------------------------------------------- Confidential—not to be shared or copied without the prior written consent of Sands of the Keys,Inc PAGE 1 OF 1 4963 Contract/Purchase Order Information Customer/Dealer and Contact Information Customer Legal N.-(Sell To) MC PARKS AND BEACHES Cpstom contactloformatlo. Toner lnclutletl i YES CUSA Contract Number 44100000-24-NASPO-ACS FL 187646 Customer Poc: ERIKA NODAL Phone: service Begin Date: 1711/25 Purchase Ortler Number Email Atldn- CI _EYik_((UItt OCIYOe COU YItY_f, 305509-0239 T.- 1 60 Lease Type: FMV Billing/Payment POC: Ta mmy Acevetlo Phone: Customer Rate Factor 1 0.02405 CUSA Rate Factor 0.02110 Email Atltlres A-vedo Effective Date: 07Ni25 Total Monthly Payment $11693 Dealer Contactlnfprma5on Upgratle To Keep Amount Rate W. 31009 Atlantis D,Big Pine Key,FL Dealer POC: John Ribble Phone contact ongin,t,n,gcf,-n,n.- 33043 Email Atltlres IOh YI((U,:-IYIC,Oflhe keV,,C0151 305-]53A002 EQUIPMENT PRICE SERVICE PRICING AND COMPENSATION CFS FUNDING Monthly Monthly Monthly B&W Color Dealer Qealer Extended CFS Total Extend.d Total C.-d Purchase Total Con-Equipment Equipment Service Extended Copies Excess Excess Monthly B&W Qealer Color CFS Funding Funding 5h-t / Monthly Monthly QT Model Description Price Pun-Price Price Price CLIN Price Service Price Incl. Rate Rate Comp. Excess Rate Excess Rate Amount Amount Overage Payment Payment mage 1 ADVANCE DX C3926i $ 3,134.80 $ 313480 $ 7539 $ 7539 $ $ 0 001110 0.06830$ 000000 0.00000$ 3,57308 $ 3,57308 $ (43828)$ 7539 $ 7539 e 1 AW1 $ 991.00 $ 99100 $ 2383 $ 2383 $ $ 0 0.00000 000000$ 000000 0.00000$ 1,12955 $ 1,12955 $ (13855)$ 2383 $ 2383 1 Inner FinisherTl $ 819.50 $ 81950 $ 1971 $ 1971 $ $ 0 000000 0.00000$ 0.00000 0.00000$ 93407 $ 93407 $ (11457)$ 1971 $ 1971 $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000.$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ o 000000 0 00000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000$ 0 00000 0.00000$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000222$ 0 00000 0.00002$ $ $ $ $ $ $ $ $ $ $ 0 0.00000 000000,$ o 00000 0.00000$ $ $ $ $ Sub Total $4,965.30 $4,965.30 $116.93 $116.93 $0.00 $0.00 $0.00 $5,636.]0 $5,636.]0 -$691A0 $116.93 $116.93 Total Financed: SPECIAL INSTRUCTIONS/COMMENTS MAINTENANCE CHARGES BILLED THIRD CFS BASED ON ACTUAL COPIES MADE @$.0111 PER BLACK B IAMITE COPY/PRINT,@$0683 PER COLOR COPY/PRINT. Submitted by: JOHN RIBBLE 4964 DEALER COMPLIANCE AGREEMENT FOR NASPO ValuePoint#187646 State of Florida #44100000-24-NASPO-ACS Dated: 01/02/2025 (the"Effective Date") To confirm your agreement to the terms and conditions set forth below, please sign and email the signed copy to ib ur (cz?cusa.canon.coim. This Agreement and your eligibility for participation in the NASPO ValuePoint Program for the above-referenced State, under the terms and subject to the conditions of this Agreement, when entered into by you shall be effective as of the Effective Date. Canon U.S.A., Inc. ("Canon") Dealer Name: Sands of the Keys One Canon Park Dealer Principal: George H. Sands Melville, NY 11747 Address: 86490 Overseas Hwy City, State, Zip Code: Islamorada, FL 33036 Dealer Code: S227 State: Florida State Contracting Agency: Department of Management Services State Participating Addendum: #44100000-24-NASPO-ACS Canon is the contract holder on the NASPO ValuePoint Master Agreement (Contract Number 187646) lead by the State of Colorado for Copiers and Managed Print Services (the "NASPO Master Agreement") and the State Participating Addendum referenced above (the "State Participating Addendum" and, collectively with the NASPO Master Agreement, the "State NASPO Contract"). Canon will send to Dealer via e-mail a copy of the State Participating Addendum as currently in effect, as well as a link to the complete State NASPO Contract on the NASPO ValuePoint website and/or Canon's Partner Portal. Canon is willing to appoint the above-named Canon authorized dealer ("Dealer") to supply products and services under the State NASPO Contract to eligible Purchasing Entities thereunder, subject to the terms of this Agreement. 1. NASPO ValuePoint Program: By entering into this Agreement, Dealer agrees to participate in the NASPO ValuePoint Program as implemented in the above-referenced State pursuant to the State NASPO Contract (the "NASPO ValuePoint Program"), and to supply Products and Services (as hereinafter defined), on and subject to the terms and conditions of the State NASPO Contract and this Agreement, to each Purchasing Entity (as hereinafter defined) which desires to procure Products and Services from Dealer under the State NASPO Contract. Supply of Products (by purchase or lease) and Services to Purchasing Entities shall be by the Purchasing Entity's purchase order (and in the case of any Purchasing Entities that are State Agencies, the purchase order form which is attached to the State Participating Addendum) (collectively, "Purchase Orders"). Dealer and its Purchasing Entity may agree to terms and conditions which modify or supplement terms and conditions of the State NASPO Contract, but Dealer shall not agree to any terms or conditions modifying or supplementing terms and conditions of the State NASPO Contract if such modified or supplemental terms conflict with any of the provisions of the State NASPO Contract (unless such conflicting provisions are more favorable to the Purchasing Entity). Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of the State Participating Addendum may not be added or incorporated into the Purchase Orders by any subsequent Purchase Orders or otherwise. 1 4965 Dealer's participation in the NASPO ValuePoint Program is subject in all respects to the terms and conditions of this Agreement and, as provided herein, to the terms and conditions of the State NASPO Contract applicable to Dealer's activities under the NASPO ValuePoint Program. Dealer's participation in the NASPO ValuePoint Program, including order processing, deliveries, installations, invoicing and collection of monies, and other related and incidental activities necessary or desirable for its participation in the NASPO ValuePoint program, shall be at its sole risk, cost and expense, except as otherwise expressly provided in this Agreement. This Agreement shall automatically terminate at such time as the State NASPO Contract expires or is terminated, but obligations incurred by Dealer hereunder to Canon or to Purchasing Entities who procured products or services under the NASPO ValuePoint Program shall survive such expiration or termination. The State NASPO Contract replaces a previous group purchasing contract between Canon and NASPO (Master Agreement #140595); even if Dealer participated in the previous NASPO contract through a previous Dealer Compliance Agreement, Dealer is not eligible to participate in the new NASPO ValuePoint Program under the State NASPO Contract unless and until it enters into this Agreement. 2. Scope, Eligibility and Pricing: a. Covered Products and Services. Current lists of products and services covered under the State NASPO Contract (respectively, "Products" and "Services")will be available on Canon's Partner Portal. Dealer may sell to eligible Purchasing Entities under the State NASPO Contract any or all Products and Services which it is authorized to sell under Dealer's dealer agreements with Canon. To the extent that Dealer receives Purchase Orders under the State NASPO Contract for any Products and Services which it is not authorized to sell under its dealer agreements with Canon, Dealer shall refer each such Purchase Order to Canon immediately upon receipt. b. Purchasing Entities. Customers eligible to procure products and services using the State NASPO Contract ("Purchasing Entities") are the above-referenced State, its counties, districts and other political subdivisions, and other entities as may be specified in, but subject to the requirements of, the State Participating Addendum. Even if a prospective customer is eligible as a Purchasing Entity to make procurements under the State NASPO Contract, any sale of Products and Services to such customer shall be subject to the terms and conditions of this Agreement only if Dealer and the customer have agreed that the sale shall be under and subject to the terms and conditions of the State NASPO Contract. c. Pricing and Price Quotes. The State NASPO Contract establishes charges and fees to Purchasing Entities for all Products and Services. Current charges and fees for Products and Services under the State NASPO Contract will at all times be available to Dealer on Canon's Partner Portal. Dealer shall not quote to a prospective Purchasing Entity or charge to a Purchasing Entity prices (including lease rate factors) which exceed the then-current prices for the Products and Services under the State NASPO Contract, but these are "not to exceed" prices and Dealer shall have the right to quote or charge lower prices in its discretion. d. Leasing. Leasing is permitted under the NASPO Master Agreement subject to the State Participating Addendum. Leasing can be provided by Dealer to Purchasing Entities through Canon Financial Services, Inc. ("CFS"), subject to such credit approval and other requirements as it may establish from time to time. Payments to Dealer for Products leased under the State NASPO Contract through CFS, and other terms and conditions applicable to leasing under the State NASPO Contract through CFS, shall be pursuant and subject to such terms and conditions as CFS or Canon may establish from time to time for the NASPO ValuePoint Program, and to the extent not consistent therewith such terms and conditions as are generally applicable to leasing provided by CFS to Dealer as a Canon authorized dealer. The pricing available on Canon's Partner Portal will specify the then-current lease rate factors at which leasing of Products under the State NASPO Contract will be available through CFS (i.e., the monthly rental amount payable for a lease shall be the Product purchase price multiplied by the then- current lease rate factor applicable to the lease's lease term). Subject to Canon's prior written approval, leasing through Dealer's wholly owned finance organization may be permitted under the State NASPO Contract; provided that (i)any such leasing must be in full compliance with the terms and conditions of 2 4966 the State NASPO Contract, including all applicable terms in the Canon Lease Agreement attached to the NASPO Master Agreement as Attachment 1, (ii)the lease rate factor used for any such leasing shall not exceed the then-current CFS lease rate factor for leasing through CFS under the State NASPO Contract; and (iii)for any such non-CFS leasing to be used by Dealer, a Purchasing Entity shall issue a PO in lieu of a lease agreement and reference the type of lease or rental (FMV Lease, Straight Lease, Capital Lease)on the PO. e. Administrative Fee. The NASPO Master Agreement requires an Administrative Fee of 0.25% to be paid by Canon to the NASPO Cooperative Purchasing Organization, and an additional Administrative Fee of 1% to be paid by Canon to the above-referenced State for Cooperative Purchasing members, on all sales made by Dealer under the State Participating Addendum. Products supplied to Purchasing Entities by leasing (whether through CFS or otherwise) are deemed to be sales for purposes of the Administrative Fee, with the Administrative Fee based on the full purchase price used by Dealer to calculate the rental amounts of each lease. The Dealer's charges and fees to Purchasing Entities for Products and Services under the State NASPO Contract shall be inclusive of all Administrative Fees, and no offer or invoice to a Purchasing Entity shall separately list or otherwise disclose the amount of the Administrative Fee. Administrative Fees are payable on a calendar monthly basis. Dealer shall be required to pay to Canon the full amount of such Administrative Fees on all sales by it of Products and Services, but Canon may elect from time to time in its discretion, in order to support sales by Dealers under the NASPO ValuePoint Program, to require Dealer to pay to Canon only a portion of such Administrative Fee. Under the #187646 NASPO Agreement, Administrative Fees on Services may be defined as either "Life Cycle Service and Supplies" service spend, or "Usage Based Service and Supplies" service spend, depending on the type of Product sold. Dealers should review Section 5.2 of the NASPO ValuePoint Master Agreement and the Canon provided contract documentation for further guidance on the application of the Administrative Fee. f. Service Requirements. The State NASPO Contract sets forth certain minimum service requirements related to the Products and Services. In its performance of Services, Dealer shall comply with all such service requirements as detailed in the State NASPO Contract. Dealers and Purchasing Entities may agree to additional or supplemental SLAs and other service requirements related to the Products and Services, provided they are no less favorable to Purchasing Entity than those service requirements set forth in the State NASPO Contract. 3. Dealer Responsibilities - General: Dealer agrees to abide by all terms and conditions of the State NASPO Contract to the extent applicable to its supply of Products and Services by sales (including leasing in the case of Products) to Purchasing Entities under the State NASPO Contract, including all order processing, deliveries, installations, invoicing and collection of monies for purposes of or in connection with such supply of Products and Services, and all necessary or desirable related and incidental activities. In the event of conflict between the NASPO Master Agreement and the State Participating Addendum, the terms and conditions of the State Participating Addendum shall govern. Without in any way limiting the generality of the foregoing, Dealer shall not in any way act or fail to act so as to cause Canon to be in default of its obligations under the State NASPO Contract. Dealer also agrees to perform and comply with its obligations as stated in this Agreement, but such obligations as stated herein are subject in all respects to the provisions of the State NASPO Contract, and in the event of any conflict between obligations as stated in this Agreement and in the State NASPO Contract, the obligations as stated in the State NASPO Contract shall govern. In addition to the requirements of the State NASPO Contract, Dealer shall also comply with any terms that it has agreed to with each Purchasing Entity (in a Purchase Order or otherwise) that modify or supplement the terms and conditions of the State NASPO Contract. Dealer is not an assignee of any of Canon's rights under the State NASPO Contract except as expressly provided in this Agreement. Canon will retain responsibility for all obligations under the State NASPO Contract relating to the overall management and administration of the State NASPO Contract, including without limitation all reporting to and other communications with NASPO Cooperative Purchasing Organization and the State Contracting Agency referenced above. Dealer will assist Canon in the resolution of any issues under the State NASPO Contract with any Purchasing Entity or with NASPO Cooperative Purchasing Organization or the State 3 4967 Contracting Agency referenced above, as requested by Canon. Canon reserves the right to supervise and review all aspects of Dealer's performance under the State NASPO Contract. Any fees, penalties or liquidated damages assessed against Canon by NASPO ValuePoint or a Purchasing Entity under the State NASPO Contract as a result of Dealer's, or its representative's, agent's or subcontractor's, acts or omissions will be Dealer's responsibility to pay, credit or cure. 4. State NASPO Contract Period: The initial term of the State NASPO Contract is effective through July 31, 2026. Canon will notify Dealer of extensions of the term of the State NASPO Contract, and Dealer agrees that this Agreement shall continue to apply through all such extensions. 5. Dealer Responsibilities — State Specific: Without in any way limiting the generality of Section 3 above, or the other provisions of this Agreement, Dealer acknowledges, and agrees that it will comply with, the requirements specific to State Participating Addendum, including without limitation those listed in Exhibit A hereto. 6. Confidentiality: a) Dealer shall comply with all confidentiality obligations of, and restrictions on use of, information of applicable entities set forth in the State NASPO Contract as being applicable to Canon, or to Canon's resellers or dealers under the State NASPO Contract. b) Canon may, in its sole discretion, elect to share sales leads with Dealer related to the NASPO ValuePoint Contract. If so, Dealer acknowledges that such sales leads are Canon confidential information and may only be used by Dealer for purposes of Dealer's sales of Canon brand equipment under this Agreement. 7. Indemnification; Lease Recourse Liability: Dealer agrees to indemnify and hold Canon free and harmless from any loss, damage or cost, including legal expenses and reasonable counsel fees, resulting from any Purchasing Entities or other third party claims against Canon (including without limitation for death, injury, or damage to property) by reason of, arising out of, or relating to, (i) Dealer's failure to comply with its contractual obligations under this Agreement, and (ii) any Purchase Orders solicited, originated or accepted by Dealer pursuant to the State NASPO Contract, including without limitation claims resulting from any actual or alleged acts or omissions of Dealer or of Dealer's employees, representatives, or agents, or performance or non- performance of any obligations under the Purchase Orders (whether those obligations are incurred in accordance with the terms of the State NASPO Contract or are supplemental thereto). Canon shall use reasonable efforts to give Dealer prompt written notice of any such claim, but Canon's failure to do so shall not to any extent relieve Dealer of its indemnification obligations hereunder. Dealer acknowledges that for all leasing through CFS under the State NASPO Contract, CFS will have the right under certain circumstances to full reimbursement from Canon of all lease rental payments to the extent not received by CFS from Purchasing Entities, including in the event that the leases are terminated, or the Purchasing Entities cease payments thereunder, prior to the expiration of the stated lease term for any reason whatsoever. Dealer shall promptly reimburse Canon for the full amount of any such reimbursement owed to CFS as a result of any such non-receipt, whether or not such non-receipt is attributable to any act or omission of Dealer, such as early termination of the lease. Notwithstanding the foregoing, CFS' and Canon's policy is to exclude reimbursement only in the case of early termination due to non-appropriation, but application of this policy will be made by CFS and Canon on a case-by-case basis in their sole discretion. 8. Product Purchases: Credit support from Canon for Products purchased by Dealer through Canon's Dealer Sales Division and re-sold by it to Purchasing Entities through the NASPO ValuePoint Program, if any, will be through the Canon Strategic Marketing Plan (CSMP) system. Dealer will file claims for credit support (each a "Claim") through the CSMP system. Claims must include a copy of the Purchasing Entity's unaltered purchase order(s) showing State NASPO Contract number and a copy of Dealer's unaltered invoice to the Purchasing Entity or in the case of leases to CFS, or if this is not available the Claim must include such State NASPO Contract Acknowledgement Form signed by the Purchasing Entity as Canon may require. All Claims must be submitted within 30 days of Product installation. Credit will be issued by Canon's Regional Administration to Dealer according to the Canon Strategic Account Plan NASPO ValuePoint Credit List. 4 4968 9. Additional Dealer Requirements: In connection with fulfilling its obligations under the State NASPO Contract and this Agreement, and without limitation of any of its other obligations under this Agreement, Dealer agrees to: a. Provide superior service to all Purchasing Entities. b. Maintain good standing with the above-referenced State and any agencies necessary to do business in the above-referenced State. c. With respect to equipment leasing through CFS, upon expiration of the lease term or cancellation, Dealer shall notify and coordinate with CFS regarding any outstanding Purchasing Entity lease payments, the timing for equipment de-installation and shipment, or any other end-of-lease actions that are necessary. Dealer is responsible for the de-installation and shipping of such equipment to the location designated by CFS, including all associated costs. d. Perform all services related to the cleaning, purging, or destruction of hard drive data on Canon equipment in accordance with the provisions of the State NASPO Contract consistent with the directions of the Purchasing Entity. e. Secure from Canon prior approval for the release of any information that pertains to the potential work or activities covered by the State NASPO Contract. Dealer shall not make any representations of the opinion or position of NASPO Cooperative Purchasing Organization as to the quality or effectiveness of the Products or Services without prior written consent. f. During the term of this Agreement and for so long as any of its Purchase Orders remain in effect, maintain in full force and effect insurance as required to be maintained by Canon under the NASPO Master Agreement and, if so provided therein for Canon and/or its resellers or dealers, under the State Participating Addendum, and shall comply with all requirements set forth in the NASPO Master Agreement and, if applicable, in the State Participating Addendum relating to such insurance. g. Conduct account review meetings as required by the Purchasing Entity pursuant to the State NASPO Contract. h. Regarding this Agreement, Dealer must: (1) Provide a dedicated contact person responsible for all administrative and reporting deliverables. Dealer must provide name, title, phone, and email: Name: Marti Mincer Title:Administrator Phone: 305-852-4378 Email: admn1@sandsofthekeys.com (2) Provide a dedicated contact person responsible for all sales leads and bid opportunities. Dealer must provide name, title, phone, and email: Name: John Ribble Title: Sales Associate Phone: 305-783-8002 Email:john@sandsofthekeys.com 10. Monthly Reports: In order for Canon to meet the State NASPO Contract's requirement to submit a monthly report of Products and Services sales and leasing, and Dealer must provide Canon with a report of such sales and leasing under the State NASPO Contract by the 5th calendar day (or, if not a business day, the next succeeding business day) of the month for the previous month. Even if there have been no sales during the 5 4969 reporting quarter, Dealer must still submit a report to indicate zero sales received. Such reports shall include all information required for Canon to comply with its reporting obligations to NASPO Cooperative Purchasing Organization under the NASPO Master Agreement and to the State Contracting Agency referenced above under the State Participating Addendum. Failure to comply with the provisions of this Section may lead to chargebacks of credits that may have been provided under any available Canon programs for the NASPO ValuePoint Program, and/or reimbursement to Canon of any penalties charged to Canon and/or termination of this Agreement. Canon shall have the right, and Purchasing Entities, NASPO Cooperative Purchasing Organization and the other entities referred to in the State NASPO Contract shall have the right to audit Dealer's books and records to the same extent that such entities have the right under the State NASPO Contract or under applicable law to audit Canon's books and records. Monthly reports must be sent to the Compliance team's shared mailbox (currently, BISG_DealerReport_Gout@cusa.canon.com) to verify. Canon will notify Dealer of any new reporting instructions related to the monthly reports or for website entry, if available. Dealer agrees to provide to Canon the required performance reporting on a monthly basis using the template supplied for this purpose by Canon to Dealer; such template may be revised by Canon from time to time. 11. Termination: Either Canon or Dealer may terminate this Agreement, in whole or in part, at any time for any reason upon thirty (30) days' written notice to the other party. This Agreement shall also be automatically terminated in the event that the State NASPO Contract is terminated for any reason whatsoever. Termination of this Agreement shall not affect Dealer's obligations hereunder prior to the date of termination and to Purchasing Entities under orders for Products or Services entered into prior to the date of termination, all of which shall survive and shall continue to be governed by the terms and conditions of this Agreement. 12. Choice of Law, Jurisdiction and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Dealer agrees that any and all actions, suits or other legal proceedings arising under this Agreement, and regardless of legal theory, may be brought by Dealer against Canon only in a state or federal court situated within the County of New York, State of New York, and Dealer consents to the exclusive jurisdiction of such courts in any such legal proceeding. 13. Assignment and Subcontracting; Entire Agreement; Etc.: Dealer may not assign any of its rights or obligations hereunder without the prior written consent of Canon, which consent may be withheld in its sole discretion, and any such purported assignment without such consent shall be void and of no force or effect. Assignment or subcontracting of any of Dealer's rights or obligations under the State NASPO Contract, including assignment or subcontracting regarding a certain Purchase Order, shall be permitted only if and as provided in the State NASPO Contract. In many cases such Dealer assignment will require a State's prior written consent. This Agreement constitutes the entire agreement concerning its subject matter, superseding all previous proposals, oral or written, but shall in no event be construed as limiting or otherwise modifying any of Dealer's obligations under its dealer agreements with Canon. This Agreement will not be modified or amended unless in writing without express written authorization from Canon. In the event of a conflict between these dealer agreements and this Agreement, the terms of this Agreement will prevail with respect to Dealer's participation in the NASPO ValuePoint Program. IN WITNESS WHEREOF, this Agreement has been executed by a duly authorized representative of Dealer as of the date specified below effective as of the Effective Date. Dealer: Sands of the Keys, Inc. Geor e H. Sands 11�- X George H.;ands Jan 2,2025 15,A8 r fj Authorized Dealer Official Signature George H. Sands 01/02/2025 Printed Name Date 6 4970 EXHIBITA to Dealer Compliance Agreement STATE PARTICIPATING ADDENDUM REQUIREMENTS 1. Dealer understands that Canon's approval is required in order to offer financing through Dealer's wholly owned finance organization, and not use CFS. Dealer agrees to place a request with their TSE and await Canon's approval through the Contract team prior to offering financing through Dealer's wholly owned finance organization on any leases. 2. All POs must be submitted to Canon U.S.A., Inc. Dealer agrees that all sales solicited under the contract will be routed properly to Canon U.S.A., Inc. per the contract requirements. 3. All customer payments must be sent directly to Canon U.S.A., Inc. Dealer understands and agrees that Dealer cannot invoice customers under this contract. 7 4971 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilI °° IIII IIII Final Audit Report 2025-01-02 Created: 2025-01-02 By: John Ribble Oohn.ribble@gmail.com) Status: Signed Transaction ID: CBJCHBCAABAAEOb2SW-1BINfFkCM1PUIQTZONOP0OGHf "NASPO AN187646 Florida DCA_12. 15.2024" History Document created by John Ribble Qohn.ribble@gmaiLcom) 2025-01-02-7:24:26 PM GMT-I address:71.226.21.4 Document emailed to George H. Sands (gsands8@yahoo.com)for signature 2025-01-02-7:24:30 PM GMT Email viewed by George H. Sands (gsands8@yahoo.com) 2025-01-02-8:47:00 PM GMT-I address:69.147.86.138 Document e-signed by George H. Sands (gsands8@yahoo.com) Signature Date:2025-01-02-8:48:13 PM GMT-Time Source:server-I P address: 173.9.136.206 Agreement completed. 2025-01-02-8:48:13 PM GMT Adobe Acrobat Sign 4972 ADDENDUM (Federal Clauses Only) The following clauses are added into the attached Agreement as if fully set forth! therein: Federal clauses, Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R. §200.38, the following provisions from 2 C.F.R. part 200 including Appendix 11 to part 200 apply to this Agreement: a) SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS. The County strongly encourages the use of women-, minority-and veteran-owned business enterprises (SBEs)and wishes to see a of 5%of the contract or subcontracts awarded pursuant to this RFP go to SBEs. Contractor shall provide good faith effort and associated documentation. Contractors may search for Florida registered SBEs at: jjttlL.11 -d e f SL!f.�Qljer Jvef'Stty— "Hir _..y �,�L_nl.i�,iistratiori/offic _0 2 ...... ..... Any proposal submitted in which the vendor is certified as an SERE, or in which the vendor proposes to use S U bcon tractors that are certified as SBEs, Must submit proof of the registration or certification from a federal, state or local authority in order to receive credit for the use of the SSE. b) Audit of records. Contractor shall grant to the County, Florida Division of Emergency Management(FDEM), Federal Emergency Management Agency(FEMA), Florida Department of Transportation, the Federal Government, and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five(5)years after final grant close-out by FEMA orDEM, or as required by applicable County, State and Federal law, Records shall be made available during normal working hours for this purpose. In the event that FEMA, DEM, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Contractor, or any portions thereof, were ineligible or were non-allowable Linder federal or state Law or regulation, Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the Contractor shall agree that the amounts paid to the Contractor shall be adjusted accordingly, and that the Contractor shall, within 30 days thereafter, issue a remittance to the County of any payments declared to be ineligible or non- allowable. Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's operation as a whole, or of specific Project activities, c Federal Nondiscrimination Clauses. During the performance of this Agreement, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color', religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: 'Er°nlaloyment, upgrading, 4973 ............ demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion, sex,sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including all investigation conducted by the employer,or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and appliicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his boots, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders„ this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible forfurther Government contracts in accordance with procedures authorized in Executive Order '11246 of September 24, 1965„ and such other sanctions may be unposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation„ or order of the Secretary of Labor, or as otherwise provided by law. ( ) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, '1965, so that such provisions will be binding upon each su b ontra ctol or _ rc vend r�or. The contractor will take such action with respect to any �iMalna�c�l�tr�ac lct or purchase as the ldicninNW ydirect as a paeans of enforcing such arovisions 2 4974 ................ including sanctions for noncompliance-, provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a SUbcontractor or vendor is a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. ------------ ------------ ............------- d Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C, 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the Regional Office of the EnvironmentM Protection Agency(EPA). e) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or su:brecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the Substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. ..................... Q Clean Air Act (42 U.S.C. 740,1-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 125 1-'1387), as amended!. Contracts and subgrants of amounts in excess of $150,000 rnLlSt cornply with all applicable standards, Orders of'regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations Must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). ...... .. g) Debarment and Suspension..(Executive Orders 12549 and 12689)­.-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. '189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension," SAM Exclusions contains the names of parties debarred, Suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549, h Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification, Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier Must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. ---------------- ---------- i) Procurement of recovered rnaterials as set forth in 2 CFR§200322. .................... Americans with Disabilities Act of 1990 (ADA) —The Conti-actor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor Pursuant thereto. 3 4975 4 .......... ...... .........— The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 I9 34,r suppler-rented by Department of Labor j), as supplef regulations (29 CFR Part 3,, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Pail by Loans or Grants frorn the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the cornpensafion to which he or she is otherwise entitled. The non-Federal entity MUSt report all suspected or reported violations to the Federal awarding agency. Contract Work Flours and Safety Standards Act kj_q.G. 3701-3708). Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 ITS.C. 3702 and 3704, as supplemented by Department of Labor regulations (�?g r L-J-"�J! Under 40 U.S.C. 3702 of the Act, each �j contractor must be required to CornpUte the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Wort< in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 LVS,C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of Supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ........... 5 4977 ADDENDUM (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: 1. Florida Public Records law(F.S. 119.0701). RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, publicrecords(a.monroecounty-fl.gov c/o Monroe County Attorney's Office, 1111 12t" St., Suite 408, Key West FL 33040. 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all contracts for purchases of services or goods > 1 year): Monroe County's 4978 performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3, Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage-. Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required for all procurement documents and contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133, By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10-1990): By entering in this Agreement, the vendor warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 4979 6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide, the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a COPY Of Such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the cornpany must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the, Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company Submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or focal governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287,135 or is engaged in a boycott of Israel. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the 4980 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: e)',- •Twgs. Vendor FEIN: _j_- l - M qLV ) Vendor's Authorized Representative: 6,1 r)Z60 N (Name and Title) Address: E6,* q qo o tyq city, . State: r- Zip- 3 3-�) "3 4 ..... Phone Number: Email Address: <,cryq As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 11. Using or threating to use physical force against any person; 2 Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration docurnent, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.016. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: 6/�01Z&1c' H who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: 64cv2. Title:-- 0 4981 ADDENDUM (Federal Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein. Federal clauses, Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R.§200.38,the following provisions from 2 C.F.R. part 200 including Appendix II to part 200 apply to this Agreement: BUSINESSES, U ENTERPRISES,AND LABOR SURPLUS AREA FIR S. The o BUSINESS SMALL AND MINORITY BUSINE A FIRMS. The County strongly encourages the use of women-, minority-and veteran-owned business enterprises (SBEs)and wishes to see a of 5%of the contract or subcontracts awarded pursuant to this RFP go to SBEs. Contractor shall provide good faith effort and associated documentation. Contractors may search for Florida registered SBEs at: N,ltp /ItivW , , a , ,. 1 wa «�tr t hm f wof ..l.t kwl.l,wrh a u �,lyr ap�a_d Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor proposes to use subcontractors that are certified as SBEs, must submit proof of the registration or certification from a federal, state or local authority in order to receive credit for the use of the SBE. b) Audit of records. Contractor shall grant to the County, Florida Division of Emergency Management(FDEM), Federal Emergency Management Agency(FEMA), Florida Department of Transportation,the Federal Government,and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five(5)years after final grant close-out by FEMA or DEM, or as required by applicable County,State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FEMA, DEM, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Contractor, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the Contractor shall agree that the amounts paid to the Contractor shall be adjusted accordingly, and that the Contractor shall, within 30 days thereafter,issue a remittance to the County of any payments declared to be ineligible or non- allowable. Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's operation as a whole,or of specific Project activities. c) Federal Nondiscrimination Clauses During the performance of this Agreement, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such Fmuwtion shad include, bijt not be limited to the following: Employment, upgrading, 1 4982 demotion. or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employmentwithout regard to race,color,religion,sex,sexual orientation, gender identity,or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcotq ya (or or vendor. The contractor will take such action with respect to any su.rt:.acontract or purchase order as the admini ierinc c��ry n ay direct as a means of enforcing uch provisions, mm 2 4983 including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. d) Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U,S C 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). .... . �, .. - ............. .... ........ o- e) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. _., ..., .. . . .. .. _ _ .. f) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal I Water Pollution Control Act(33 U S.C, 12.51-1387), as amended Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). �ry contract award see 2 CFR Suspension Debarment a (Executive FR 180 220 must Orders 12549 and 12689)—A ( ) t not be made to parties listed on the governmentwide exclusions in the System for Award Management(SA ), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. or bid for an award exceeding $100,000 must file the required .....miff m. h) Byrd Anti-Lobbying Amendment 31 U.S.0 1352)—Contractors that apply g q red certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, Such disclosures are forwarded from tier to tier up to the non-Federal award. i) Procurement of recovered materials as set forth in 2 CFR§200,322 D Americans with Disabilities Act of 1990 (ADA)—The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 3 4984 k) The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractors during the Contract term. .. -�I) No to this N contract i by Ynot de al b ecCt to Government. he federal liabilities to government is not a the non- Federal FS] party 1 Yobligations Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. � ...,.. ...... Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S,C. Chapter 38 (A dministrative Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Owner understands that the ner is not a acting agency as )41 CFR§§60-1 3,60-300 2 and 60-741.wand therefore the rCont Contractor i defined s not required n fired to abide by the requirements of 41 CFR§§60-1 4(a),60-300.5(a) and 60-741.5(a). o} Prohibition on certain telecommunications and video surveillance services or equipment (2 C.F.R. § 200.216: Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to (a) procure or obtain, (b) extend or renew a contract to procure or obtain, or(c)enter into a contract to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system or critical technology as part of any system. As used herein, the term "covered telecommunications equipment" means telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate). By entering into this agreement, both the County and the Contractor agree that it has complied with the provisions in 2 C.F.R. 200,216 p) Domestic preference for procurements(2 C.F.R.§200.322): As appropriate and to the extent consistent with law,the County should,to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this awardflu . e _. .,. tc tl � i M. Davis-Bacon Act,as amended( c 14 I F.R. part 200 Appendix II}: q} (Applicable to construction contracts (2 C. 3148).When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis- Bacon Act *, J,� —3144, and 3146-3148) as supplemented by Department of Labor regulations "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency, 4 4985 • The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(� I� t 14b), as supplemented by Department of Labor regulations O.t I I f" rt ', "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Contract Work Hours and Safety Standards Act(It I,,,J S,t__36d.7,173708). Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40.. 0,8 C ,1,102 and 3704, as supplemented by Department of Labor regulations ( ) f.9 I"rll Vim_°;a) Under 10 11 F G t/'02 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 4�0. Q 37 0/1'are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence, 5 4986 ADDENDUM (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: 1. Florida Public Records law(F.S. 119.0701). RECORDS- ACCESS_ AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all publicrecords laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradl f�w �i��tr t� w : u ryt� tl �,'�� c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all contracts for purchases of services or goods > 1 year): Monroe County's 4987 performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required for all procurement documents and contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287,133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10-1990): By entering in this Agreement, the vendor warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 4988 6, iE-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a boycott of Israel. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the 4989 AFFIDAVIT ATTESTING TO NONCOERCIVECT FOR LABOR OR SERVICES Entity/Vendor Name: 5-6e PP-5 . ° .._.. ..THT.. _ArzC1S r Vendor FEIN ..:?�_ �,.a Y.S!�„ ' 2,......... �. .�..A.....mm...�.. �' A dui wJa✓i'z� Vendor's Authorized Representative: 1ca12Cn� .._.............._.5.._�..................... --—.......���....... .._Y.. _..r� (Name and Title) Address: ...�1�4.._ �' �d? 5(�S i4 LUIJ .e„. .a. . City . A (._Se .r►! � State: F L zip _....nm . �.w. ....�. Phone Number: �3u .� L mq 3 �.7 Email Address: r� As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787,06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By .k-.7 .... r M -541kAS who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: 6�6y2 4990 ADDENDUM (Federal Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: Federal clauses. Recognizing that a portion of the funding for this Project comes from one or more federal awards as that term is defined in 2 C.F.R.§200,36,the following provisions from 2 C.F.R. part 200 including Appendix II to part 200 apply to this Agreement: a SMALL AND MINORITY ENTERPRISES,AND LABOR SURPLUS AREA FIRMS. BUSINESS S. The County strongly encourages the use of women-, minority-and veteran-owned business enterprises (SBEs)and wishes to see a of 5%of the contract or subcontracts awarded pursuant to this RFP go to SBEs. Contractor shall provide good faith effort and associated documentation. Contractors may search for Florida registered SBEs at: lillt�.��trvawv�r�r���,,�r� liw,rlfl„Ieu.rrm�rl 1 y _ )wnlra�iu/�tffrr� trG. 'upt�,lrrti_rlivcrso,4y,ub�.„rt Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor proposes to use subcontractors that are certified as SBEs,must submit proof of the registration or certification from a federal,state or local authority in order to receive credit for the use of the SBE. b) Audit of records. Contractor shall grant to the County, Florida Division of Emergency Management(FDEM),Federal Emergency Management Agency(FEMA), Florida Department of Transportation, the Federal Government,and any other duly authorized agencies of the State or Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five(5)years after final grant close-out by FEMA or DEM,or as required by applicable County,State and Federal law. Records shall be made available during normal working hours for this purpose, In the event that FEMA, DEM, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Contractor, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Contractor may appeal any such finding or ruling, If such appeal is unsuccessful, the Contractor shall agree that the amounts paid to the Contractor shall be adjusted accordingly, and that the Contractor shall, within 30 days thereafter,issue a remittance to the County of any payments declared to be ineligible or non- allowable. Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's operation as a whole,or of specific Project activities, c) Federal Nondiscrimination Clauses During the performance of this Agreement, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, 1 4991 demotion. or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation, gender identity,or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor wilt furnish all information and reports required by Executive Order 11246 of September 24, '1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules,regulations,oi°orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 2.04 of Executive Order 1124E of September 24, 1965, so that such provisions will be binding upon each erLaw-td;ru Imwt or vendor. The conlrar.,toel will take such action with respect to any or purchase order K tI T- mn Dl tm riri�1.,�v .n�gy,direcl as a means of r�rufa�rcing such provisions, 2 4992 including sanctions for noncompliance, provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency the contractor may request the.,United States to enter into such litigation to protect the interests of the United States d) sontractor agrees to coryiply with all applicable standard,-,,orders or regUlaflons issued pursuant to the Clean Air Act (42 LJ S.0 7401-76371q) and the Federal Water Pollution Control Act as arnended (33 U.S.C; 1251-1387) and will reports violations to FEMA and His Regional Office of the Environnient.al Protection Agency(EPA) e) Rights to InventionsMade Under a Contract or Agreernent If the Federal award rineets the detinition of "funding agreernent" under 37 CFR §40,12 (a) and the recipient or subreciprent wishes to enter into a contract with a smart business firm or nonprofitorganization regarding the SubStitl,ltiffll of parties,assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFFt Part 401, "Rights to inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agneernents," and any inuplernenting regulations iSSLled by the awarding agency, f) Clean Air Act (42 U.C.G. 7401.7671q,) and the Federal Water POIlLition Control Act(33 L.J S3,C '1251.138 7), as amended Contracts and SUbgrants of arnounts iin excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U,S C 7401.-7671 q) and the Federal Water Pollution Control Act as amended (33 U S(;. 125 1-138'1), Violations inkist be reported to the Federal awarding agency and the Regional Office of the Environmental ProterJ.lon Agency(EPA) 9) Debarment and Suspension (1EXeCLl1flVe Others 12549 and '12689)--A contract award (see 2 CFR 180,220) must not be nnade to parties listed on the governi-nentwide exclusions In the Systern for Award Management(SAM), in accordance With are OMB guidelines at 2 CFR 180 that implement Executive Orders 12049(3 CF7R part 1986 Cornia , p, 189) and 126139 (3 CFR part 1989 Corrip , p 236), "Debairvent.and Suspension," SAM Exclusions contains the names of parties debarred, suspended, or othpivise, excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Onder 12549, 1) Dyrd Anti-Lobbying Amendment (31 U S,C 1352)--Contractors that apply or bid for an award exceeding $100,000 must file the required certification Ea(A-i tier certifies to the tier above that It will riot and has riot used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a rnernber of Congress, officer or employee of Congress, or an employee of a mernber of Congress in connection with obtaining any Federal contract, grant or any other award covered by Tl U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, Such disclosures are forwarded from tier to tier up to die non-Federal award, 1) Procurement of recovered materials as set Borth in 2 CFR§200 322 j) Annelicans with Disabilities Act of 1990 (ADA) -The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued in ereu rider, and the assurance by the Contractor pursuant thereto 3 4993 -- ' 4 The contracts must also include a provision for compliance with the Copeland "Anti-Klck back"Act(L C, 3,1,4,15), as supplemented by Department of Labor regulations (29 (I'f R, P Kt ,3, "Contractors and Subcontractors on Public Building or IPublic Work Financed in Whole or in Part,by Loans or Grants from the United States"),The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to ghie up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency, Contract Work Hours and Safety Standards Act(40 s 1 1-3708) Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 10 11 s; VICV,,'and 3704, as supplemented by Department of tabor regulations (29 i[llaut_!�). Under 40 it �VO of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours,Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.'The requirements of 10 it I are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. rhese requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence, 4995 ADDENDUM (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: 1. Florida Public Records law(F.S. 119.0701). RECORDS- ACCESS.AND UDITSw Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, _ s oR . a�.!.t �..11y:, c/o Monroe County Attorneys Office, 1111 IcilM Ic1µw< r�u� dwM..,.. 1211 St., Suite 408, Key West FL 33040. 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all contracts for purchases of services or goods > 1 year): Monroe County's 4996 performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3, Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required for all procurement documents and contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10-1990): By entering in this Agreement, the vendor warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 4997 6. E-verify requirement (requir ): Beginning January 1, 2021, every public employer, contractor, and Subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria, i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a boycott of Israel. & Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the 4998 AFRIIDAVIIT ATTESTING TO NONC IEIRCIVE CONDUCT FOR ILAB R OR SERVICES Entity/Vendor Name: _.�� �'�5 a: ��� ��7 f5' I J N e Vendor FEI : • 9 1i.? Yq1 a' Vendor's Authorized Representative: C,1c0'Z � V�5 m e) _ Game and Title) Address: City ,9 4qq L State Phone umber: ;3c S' . �� � cP 3 7 Email Address: _ a Q, As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787,06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor,or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7, Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893,03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787,06, Florida Statutes, and agrees to abide by same. Certified By: abovef �w bei�a M Ord company, who is authorized I ign on b Authorized Sr '. g � ....... e Pint Na „G�r y� � S„IJ �a Title: o 4999 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 I, of the city of 1 .5 t m e 46A according to law on my oath, and under penalty of perjury, depose and say that: a. I am I. ,k w°'Z of the firm of 11)„ uw��.� � �� ("Entity„) the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so, b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. c. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit it-awarding .entracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) beforeme„ by means of hysical presence or online n rizati n„ on �,0��`.. O,� Z � (date) by name of affiant . He/She is erso� ( ) p Wally nown to me or asp produced �..., v,. (type of identification) as identification. NOTARY PUB My Commission Expires V JOSHUA P C,ALLO i Notary Public-State of Florida Commission N HH 318763 My Comm.Expires Oct 16,2026 r u Bande d through National Notary Assn 5000 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT,SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Symbiont Service Corp Contract 9 Effective Date: TB0 Expiration Date: Contract Purpose/Description: Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 Parks & Beaches/Stop#26 CONTRACT COSTS Total Dollar Value of Contract: $ 27' 06 00 Current Year Portion: $ (must be$100,000.00 or less) ; (If multiyear agreement then $1000=$26,506.00 requires BOCC approval,unless the wwI C11111111t16vc uInloi PMf IS �f Ofl Of)fl.Ofl llr lukk). Budgeted? Yesz NoF] Grant: $ County Match: $ 0.00 Fund/Cost Center/Spend Cate gory: 14 -2 -000 1st$1U(3 to be Arai by,Jacobs Aquatic center per carat 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 en Department Head Signature: John Alien Digital202ly 5.5.13ed John All-0 Date:2026.06.13 11:36:06-04'00' County Attorney Signature: Christine Hurley 9 51'S; Risk Management Signature: Purchasing Signature: OMB Signature: Christine Hurley 9 �� .5T'S,'"'� Comments: Revised BOCC 4/19/2023 Page 84 of 105 5001 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the May , 2025 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Symbiont Service Corp. 4372 North Access Road Englewood, FL 34224 For the following Project: Jacobs Aquatic Center Pool Heater Replacement Scope of the Work The Scope of Work shall include, but not be limited to all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Work shall include removal and proper disposal of the existing inoperable GeoThermal Pool Heat/Cool equipment and installation of replacement equipment. The replacement equipment shall consist of one (2) Symbiont Model PH215BRGSWPM GeoThermal Pool Heat/Cool Unit including titanium condenser and evaporator heat exchangers. The Contractor shall be an authorized sales representative and certified installer of the Symbiont Model PH215BRGSWPM GeoThermal Pool Heat/Cool Unit to provide safety and product assurance, warranty coverage and compatibility with existing equipment. All work is to be performed in accordance with the manufacturer's recommended instructions. Scope of work shall include the following: 1. The Contractor shall obtain all necessary permits, including any fees, as a part of the Proposal. 2. 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. Page 1 of 27 5002 3. 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 commence upon delivery and proceed without interruption until complete. Contractor Responsibilities: A) The Contractor shall coordinate all activities with the Monroe County Parks and Beaches Department. Contact: Tammy Acevedo at 305-453-8776 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing pool equipment to remain ii. Existing fencing and building iii. Vehicles and Personal Property iv. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Times specified by Monroe County Parks and Beaches 1) All materials must be approved by submittal prior to commencement 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 lift plan for any crane/hoist work. M) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. Page 2 of 27 5003 N) The Contractor shall provide a schedule for all phases of the project. O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), , Specifications, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents 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 specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in 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 the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Parks and Beaches signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been Page 3 of 27 5004 foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. 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 Sum of Twenty-Seven Thousand, Five Hundred, Six and 00/100 Dollars ($27,506.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents 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 Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, 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. The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: A. Warranties, bond and guarantees. Page 4 of 27 5005 B. Operating and maintenance data, instructions to the Owner's personnel. C. Spare parts and maintenance materials. D. Proof of permit closure. E. Evidence of release of liens, if any. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) 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 (7) years from the termination of this Agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records- management/general-records-schedules/), 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 public records purposes during the term of the Agreement and for seven (7) years following the termination 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 but 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 5006 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. 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 activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 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 administrative proceeding is instituted for the enforcement 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, Florida. The Parties waive their rights to trial by jury. The County and 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; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. 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 Agreement, the prevailing party shall be entitled to Page 6 of 27 5007 reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. f) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. h) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. i) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 9 concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this 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 Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)The Age Discrimination Act of 1975, as amended (42 USC§§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 Page 7 of 27 5008 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 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 Page 8 of 27 5009 places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance 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. I) Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. n) No Solicitation/Payment. 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 firm, other than a bona fide employee 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 5010 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 not 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 liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(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 terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. a. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. b. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy Page 10 of 27 5011 any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT PHONE NO.: (305) 292-3470, PUBLICRECORDS@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. q) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. r) Privileges and Immunities.All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. s) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof Page 11 of 27 5012 by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. t) Non-Delegation of Constitutional or Statutory Duties: 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-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service 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 contemplated in this Agreement. v) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, a Vendor Certification Regarding Scrutinized Businesses, and an Affidavit Attesting to Noncoercive Conduct for Labor. w) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. x) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. If any signature is delivered by email delivery of a".pdf'format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf 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 Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, and/or to the fullest extent permitted by law, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, Page 12 of 27 5013 proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. z) In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. aa) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere 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 insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. cc) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. Page 13 of 27 5014 ff) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. gg) Section Headings. Section headings have been inserted in this Agreement as a matter 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 shall remain the same as set forth herein until changed in writing in the manner 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-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Symbiont Service Corp. 4372 North Access Road Engelwood, Florida 34224 For Owner: Director of Parks and Beaches Assistant County Administrator, PW& E 2798 Overseas Hwy, Suite 400 1100 Simonton St. Suite 2-205 Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. Page 14 of 27 5015 B. Employers' Liability Insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 9.2 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) calendar days' written notification to the Contractor. 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. Page 15 of 27 5016 9.4 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 seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon 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 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. 9.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.7 For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents Page 16 of 27 5017 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: II°mff, //fill rnoinuroe..counf „Eiivliia�, Illw,�s„ �oirn/If; liids..as. x° CaDllllf;; ,,,,,,, 3 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................... 10.1.3 Not Used. 10.1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 27 5018 it ieContractor 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 FLORIDAOF MONROE COUNTY, Digitally signed by Christine Christine Hurley Hurley y: Date:2025.06.26 09:31:35-04'00' County Administrator or Designee Y, "v; t W 'IIC0Witnesses Attest: CONTRACTOR: NT SERVICE CORP. C btiractor must provide two witnesses Signatures i n tur : ro e� f i r ri r Print Titl Date: : Date: and v - 'Signature:,, t 1 A Print N1 . e: Date: STATE OF COUNTY OF P Y .y P personallyappeared � � notary public, by means of h day rese ❑ online, ersonall 120 bo .re me, e.aund undersigned (name of I n ) rio t arson i s scri' above or who produced s identification, n cno Iedged that he/she i ron who pxecuted the above contract ih Monroe Countyfor the JacobsAquatic ikq0 ur os s therein contained. w o e ubii Print My commission expires: ° • iioIto of Florida r II My IIan HN a / x itI09 PN ' Page 18 of 27 5019 GENERAL REQUIREMENTS Where Parks and Beaches is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing 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 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 27 5020 EXHIBIT A Required County Forms Exhibit B Page 20 of 27 5021 LOBBYING AND CONFLICT OF INTEREST CLAUSE ORDINANCESWORN STATEMENT UNDER 1 -1 FLORIDAMONROE COUNTY, ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Sectionof Ordinance . 010-1990 or any Countyofficer or employee in violation f Section 3 of Ordinance No. 010-1990, For breach or violation of this provision County , in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount ny fee, commission, percentage, gift, or consideration paid to the former County officer oremployee". (Signature) STATE Subscribed and sworn to (or affirmed) before me, by means of 0"physical presence or ❑ online not riz ti n, orr (date) by (name of affiant). H is ersonall known to me r has produced (type of identification) s identification. of "O$1014 Of MOO T v uro l! NOTARY LI t 1 I RH 080164 >xpirei 7/111�C2A ( y commission expires: Exhibit Page 21L of 27 5022 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES „i.��� N tity/Vendor e Vendor FEIN: Vendor's Authorized �arne and Title) ddrvs„; w City: Statea, Yl zip , 4 Pho a Number: E ail Address: ,' v i c- .. com As a nongovernmental entity executing,renewing,or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 7 7.06, Florida Statutes. s defined in Section 787.0 (2)(a),coercionmeans: I,. Using or t e�,iling to use physical force against any person; °" isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation oft e debt,the length nature of the labor or service are not respectively limited and defined; 4e 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 anyperson; 5, Causing or th eati g to cause financial harm to anyperson; 6. Enticing or luring any person by fraud or deceit;o 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 91 `to any` o for the purpose of exploitation of that person. As a person authorized io sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with ectio 787.06. Additionally, Vendor has reviewed Section 7 7.0 , Florida Statutes,and agrees o abide by same. Y .�„__ ,��� p ,„ ,� .,,�;� 9 g behalf of Certified who is authorized to sign can the above referenced coma Authorized Signature; Print e ,., Titles Exhibit B Page 22 of 27 5023 PUBLIC ENTITY CRIME STATEMENT "A iperson 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, proposals, or replies on leases of real property to public entity, may not be awarded or perform or as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Pro ser's V po name) nor any Affiliate has been placed on the convicted vendor list within the last ithirty-six (36) months. ............ (Signature ,f Date: 5 1 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of IpRphysical presence or 0 online notari -, on (date) (name of afflant). HeA�lWis pftLq=� by �qowr!to or has produced (type of identification) as identification. 4.^W&ANAA NOTARY PIOLIC (SEAL) My commission expires: 1 1 A L2 2 Notary Publiq Stale at FTodds TQMmY Surchell 11&�My Commission MH 608104 EXPIM 7l1111/2020 Exhibit B Page 23 of 27 5024 SCRUTINIZEDVENDOR CERTIFICATION REGARDING Project ascription(s): Respondent Vendor Name: h Vendor FEIN: I'll - Q I' -7 _ Vendor's Authorized Representative Name and Title: , Address: r City: �� ' State: t zip: � 1 A. i Phone N umber 4 Email Address: Section 287,+13 ;-Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing contract for goods or services of any amount i , at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycottof Israel. Section 287,135, Florida Statutes, also prohibits a company from bidding on, submitting proposal for, or entering into or renewing contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies withActivities-in-the Iran Terrorism Sectors List which were created pursuant to s.215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor e" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged i business operations in Cuba or Syria. Fun 'land-that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated immediately, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies it ivities„in-theJr. n Terrorism Sectors List or been engaged in business operations in Cuba or Syria. -- Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract withroe County for goods or services. Certified y: a, who is authorized to sign on behalf Sh ere ra;icedcompan Prirrt i Jame: c Title: Note: The List are available at the following Department of Management Services Site: htl� :. /www.dms.m :�rida.corn/bu��w�in�esr. o erati.�rrs/^,Mate rw�rchasin /�wendor information/a,,onvict :d sr,.i�lirid'edir,r ......, p 1.... ..................... ................................................................................................................................................................................. ................................................................................... ..... in t r com lairds vendor lists �r ..............................'..... ................................,I.............................�...__............ Ir�chibit„B Page 24 of 27 5025 h Minorill Owned Bu iness Declaration „ a sub-contractor engage by Monroe County during the cornpVetion of t� ork. associatedwith the below in roject (Check one) is a minority business enterprise,as defined in Section 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.28$.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5.1®percent®awned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an un errepresentation of commercial enterprises under the grou 's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of transfer from a non minority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds 1 million. For purposes of ° p ction,the to "related immediate family group"means one or more children under 16 years of ageand a parent of svich children or the spouse of such parent residing in the same house or living unit. 1°.S,288,71i13(6)`®S all business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 83(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. „ ntractc2r,,,rn � r,�fer,t, F , , , 7Q3 f r,,,rrlr r�,forrnation. Contractor Sub® ecioientaMonroe County Signature Signature F"rtit 8 r Printed Name: T'it.l .. .. - .... Title/OMB Department:.... °mttl ;;, , „ Ilris,:..............fI !!„1da,1; !II!rl�, „ ,!P,l„ I;;;t,�1rl s Verifiedv'a: ................ ... Address° i.. 2 � Contract: ,,,,,,,, City.)"State/Zip J ��a'Z ,, 9 Date 5 9 120.A�I�_ FEMIA Project Number: Exhibit B Page 25 of 27 5026 EXHIBIT B CONTRACTOR PROPOSAL Exhibit B Page 26 of 27 5027 Symblont Service orp. 4372 North Access RoadyFl C �rrda 34224 941.474.9306 . 000.8811.4328 m Fax 941.473.9306 GeoTherrnalMorlda.com a Info@SymbiontService.com V ,,, Lic#:CAC035549 EC0002946 "One Company,One Call Complete Comfort!' s Alla CBC1258380 • CPC1456477 Proposal Submitted To: Job Name: Date: April 28, 20266 Jacobs Aquatic Center Jacobs Aquatic Center Monroe County Parks and Recreation 600 Saint Croix Street 320 Laguna Avenue PO Box 1994 Key Largo, Florida 33037 Key Largo, Florida 33037 We hereby submit specifications and estimates for: Replace Remaining PHH215s With New Symbiont Pool Heaters: 2 Symbiont Model PH216BRGSWPN GeoThermal Pool Heat/Cool Units Includes titanium condenser and evaporator heat exchangers Source Water: From existing well, pump& piping, if adequate Electric:Wire from existing disconnect, if adequate Complete* installation $ 27,606.00 * Local permits additional as required. Manufacturer's Limited Warranty: One year Symbiont Service Corp. all parts and labor on the installation. Two year all parts and labor on the new Symbiont units. Not responsible forany damage to private or public unmarked underground lines,orrepairs oflandscape, painted or finished surfaces. III work done to code. All current discounts and promotions crave been applied. The labor,material and equipment required for thisjob will be furnished by Symbiont Service Corporation("Symbiont")for a total of: Twenty-seven thousand five hundred six dollars and noi100 -----------------------------------------$27,506.00 $8,252.00 Deposit With Order- Monthly Progressive Billing Any alteration or deviation from the above scope of work involving extra costs will become an extra charge in addition to the quoted price based on time and materials pricing.Symbiont Service maintains all required insurances,certificates are available upon request.This contract consists of this proposal as well as the terms and conditions,all documents and exhibits referenced therein and the Limited Workmanship Warranty,all of which are hereby incorporated by reference.This proposal will be subject to withdrawal if not accepted within 30 days.Please make checks payable to"Symbiont Service Corporation'. I HAVE READ AND UNDERSTAND THIS PROPOSAL,THE TERMS AND CONDITIONS AND ALL DOCUMENTS AND EXHIBITS REFERENCED THEREIN AND AGREE TO BE BOUND BY THEIR TERMS. ACCEPTANCE OF PROPOSAL:The above prices,specifications and conditions are satisfactory and are hereby accepted.Symbiont is authorized to do the work as specified. By signing below,Customer acknowledges that Customer is the owner of the property where work is to be performed. Customer: Respectfully submitted, (print name) SYMBIONT SERVICE CORPORATIO Signature: -� By: d 2�lz1� T Date: 5028 SYMBIA OP ID- CL ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `64 05/12/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 941-474-9511 CONTACT Key Agency Inc. Keyy Agency Inc PHONE 941-474-9511 FAX 941-474-7283 1201 South McCall Road (A/C,No,Ext): (A/C,No): Englewood,FL 34223 EDDRESS: Key Agency Inc. INSURERS AFFORDING COVERAGE NAIC# INSURER A:Southern Owners Insurance Co 10190 INSURED INSURER B:Auto Owners Insurance 18988 Symbiont Service Corp,Kibo LLC 4372 N Access Rd INSURER C Englewood,FL 34224 INSURER D INSURER E: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ITRA X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 20991466 0710112024 0710112025 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PPOLICY X JECT El LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 9699146601 0710112024 0710112025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED L NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accdent $ A X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LAB CLAIMS-MADE 9699146602 0710112024 0710112025 AGGREGATE $ 2,000,000 DED X RETENTION$ 10000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) AP712.2�5� Mi..'. E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 6M � ,. E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS belowOAtiT,..,,, ... ..,...._..,...,....� DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as an additional insured per blanket additional insured form#55373 on the General liability and form#58504 for auto liability. Umbrella is follow form. All coverages are subject to the policy forms,terms and conditions within each policy. CERTIFICATE HOLDER CANCELLATION COMONO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE 4111a r� ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5029 DATE(MMIDD/YYYY) AC" CERTIFICATE OF LIABILITY INSURANCE r1 02/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lockton Companies for CoAdvantage PHONE g66 854-5423 FAX 444 West 47th Street#900 A/c No Ext: ) A/c No E-MAIL coi@coadvantage.com City, MO 64112 ADDRESS: co l_. 9e.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B CoAdvantage Corporation Alt.Emp:Symbiont Service Corporation 101 Riverfront Blvd Suite 300 INSURER C Bradenton,FL 34205 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:25FL0901085052 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR /Y POLICY NUMBER MM DDYYY MM D /Y DYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAM CLAIMS-MADE 1:1OCCUR PREM SESOEa occurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO tl BODILY INJURY(Per person) $ OWNOS AUTOS ED SCHEDULED AUT BODILY INJURY(Per accident) $ ONLY mom ^^^^^'" HIRED NON-OWNED �'" PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident „.,. —� ..tea, UMBRELLA LABH OCCUR WAMM elm EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE C� AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 2,000,000 A OFFICER/MEMBER EXCLUDED? N❑ NIA WC 56-11-942-11 04/01/2025 04/01/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 Location Coverage Period: 04/01/2025 04/01/2026 Client# 108611-FL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage is provided for Symbiont Service Corporation only those co-employees 4372 North Access Road of,but not subcontractors Englewood, FL 34224 to: CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 5030 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/031 The ACORD name and loao are registered marks of ACORD 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&Ma6na 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. schwisow Digitally 20250627ned yCoryD S4'00'W Date'.2026.06.27 10'.68'.03-04'00' Pedro J. Mercado Digitally signed by Pedro J.Mercado County Attorney Signature: Date:2025.06271120.55-04'00' Risk Management Signature: Purchasing Signature: OMB Signature: Comments: Agreement will only be utilized after a declared disaster in Monroe County. Total dollar amount will be determined based on usage, not to exceed.$100,000.00 5031 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 Des iiated Point of Contact. Hotel and the County will each provide a Designated Point of 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. 5032 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 5033 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. 5034 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 ———------- 5035 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� 5036 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 5037 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 5038 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 5039 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 5040 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 5041 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 5042 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; 5043 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. 5044 (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 5045 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 5046 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 accord"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 teams 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. 5047 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. 5048 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. 5049 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 p.gent 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 5050 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� 5051 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 5052 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: 5053 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; 50 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 5054 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§ 5055 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 rcuidrsaa- DATE 06.26.25 WAIVERNfA. XYES 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 rese—cl ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 5056 #S37625942/M37351041 FSV This page has been left blank intentionally. 5057 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.) ( .�u7aairatcuawadtc.v,aiud�it.ac ,k asdit aruatl, sdBad��gc,,ct .p (,',ON"L^f A "Tr R I V11`,W Mc= Date In Apanment I"'I4 ndr'I Sigm,.rtrar• ,: J011n Allen CC unl Att'G rniic r Ana"�'aRer b im si r yr4 uv,,�ir, � .5' �lg,r'rrrt�r�r"Cm: - Risk Mallafaf nle'lltSignature: ()u l 8.2 7 E Iprtla;9rrSwg7, �^ilg?Tl#11um: 6w°�'�C h.reu 3:Ipp''r i.l,1FS _ ..._.......... . .... ......._ T;g�IGua6k%7bCdlanC3E9 kny John .-_ ___.---.... ...... (7N113 Sigam-itr.ur : John 'Quinn ciwr7Y......0b,1a (.anrrra"tictat4: r � Rnbda BMW Mnoti Page HS of 100 5058 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, permits, 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 5059 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 5060 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 27 5061 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 5062 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 5063 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 50U 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' 5065 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 5066 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 authorized 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 5067 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 5068 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 27 5069 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 5070 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 terra 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. Paige 13 of 27 5071 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 5072 & 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 5073 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 5074 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 5075 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 County Administrator or Designee CONTRACTOR'S Witnesses Attest- CONTRACTOR: Told HiLits by Advance Construction Corp. Contractor must p ov" ,e two wittiesses Signatures Signatare, Print Narne'-!IL Print Name-. Title: Date� Date: 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 20j,5, :,' bPfore me, the undersigned notary j-)ubhr, by means of [Pr physic al presence or 0 online, peraon0y appeared—Eusfh>LL-��Tr��Ir (name of affiant) kn own to ri"ne to be the person whose name 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 + I OXI 0 SIN GLE.ROOF *SYNTHETI �fr thE' purposes therein contained, Notary Public F-Vo JE9gLIF Pi,int Nan,@ Notary Pubj91CA Pic-stateP of F�or�da UmnlisMan#HH 2,446984 My ('.;onfirnission expires: "28,"C'2' F MY COMM, EApireS Apr 28,2027 i Lf-4 's Bonded through Nadona�,Noteary Assn, Page 18 c)f 27 5076 GENERAL, REOLMREMENT'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 5077 EXHIBIT Required County dorms Exhibit B 'age 20 of 27 5078 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 5079 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 5080 ........... 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 5081 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' 5082 Print Pits)CS Note:The List are aysAa% at the foHamAng Department of hd an nrganoeM•rat Services Site: A"ntttayr'nr+a,�rR._.�t`7n_r�raa�rtlr:yitel a rrurrt,fhrta ¢ira „ ee �e �nWi 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,nR�a¢V1,,:w_,,,vk C14 Gat_„ a f ,a�flt"tads�a`ta mtaaoan'atv OtacR9 Busilles, nwL3cara 4 � wnria••Cnaaattsae,tent r ngaapr,,t by ;SAmnoc 4.°o unty during tho a°drniple:tion od`w ork as,so6aats:df vvith the R.nt:low irldicaaled prl,rjvct t,Q.'bau k ow) k as raaisao ri!y lwr.r.waracs,;e;rat °alna°id;t:,,as ritri`int.al in Scciion 2818 701'. Florida `wtattuete s, arar � T is rant,as trninority Secu.eaut 88,70.'), Florida `rotjfuleu F.S. 88 70,1 :a) ""wtranenrity krnr.ennvss a:rrau.ul ,V is " Inc am,ar°�y srna`i'i a,&G'ianare9 in w.ratrseiu9rzrn.{6)fa;cc beleav ) which is organized to engage in carrxrrtun W alto tresare uv1n r,+ is ciar 1 61eol rI t'le r uhl..arum ,�trar:6n 7 rt fe aa,,,t 3 R by rnaisrarr"iC'y]ucmmis who sauv rarc.anrlrurs of an insular group Ono in of a lsnr Crr: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°arianaw,r¢i able¢w re9cr,ar Rie.a9.i+n &and vA?h tBnant group rea', iOnet in all gander"+epr uguuutaaAon ruf conunacmia% r,im.rti'pb a,tanet a dic t:rmuVs am tmh oanet m a nag nne nI and e.Raafly ope ra Lim Is arc CoatrOtLdr by rach persons. A r'rnniwo,rely 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 aunren<'vy gwmrurn a3 ws ncar include aan nrardip ew hia h Whe re suRt aaFru W,,pr Dptn R tarraraa'r.kcnranw p,vru,erat art a raronnerraty prrvenrr v itha n Ga related immediate 1'annnly group if the vawtrtlrtt;a d total mc� ate.rC va h,lc of atl l taacranbeTs O .Ch (anaaaly gm up cue ems$i nti➢Iora. Fera'g-tr.rrpnams of ON srul-awcat on.We icrraa`Nlatcd hmnaUWC tisiaaily gWyl aanCOM OnS OT MOW When under 16 ycHm of ngo grand a pmenrt ceFm e:la Wrm or flea wouse of aaae h pawi aW rC.j(lrtng7 ill tine; @JO "e sari'Va iaut uarnat. I";w>298,703(6)�"` r n,H Ewaa irte, �s' rnnarnns�,aVt i ndcperlde atlnr owwned and culler`,+tenet Reershe ss comer,rn Maal ewrap➢oy 2HO aua'tcwa a r� J,wrrnr nrncurt f klirnre and,that,together W" N tir6filiraP.em vs;a vat vrmrtln o tatA unxgu thaii$5 rarr ion ur nny VL n based i:rr ahis cow wvl-Qh bars a l"rorinall Baa.,emss t"aryratarnor,uu•,rAn kwdab eWfiiGstWrn. As,¢ p)i able to Sealc llue S5 onnalVierau"el worth rcquir'eareTil ;liO incla,a,1,ruCla puur'>aarr,rR aaurN 1,rrwiunr°•, iaavc°u,rratau:ta, �lae Ierr„la;n�,�to ffur ter G `R.m..Muati� �6t) ta,r aa9 fgxw ienRar)�)tr aR)w.`fl�t_ t iwurtl, "€ataRaaaeatas:r Ryu.ah Gtav; 1pmam: Numme 4,`arwny .., Sig naaw Siytraaeram Rn ii to u t�Et�m Page 25 of .7 5083 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 50M Exh,4Nt S 'age 27 of 27 5085 Monroe County Purchasing Policy and Procedures A`LTA_CjjMENj 1)_i COUNTY ADMINISTRATOR CONTRACT SE_ MMARY FORM FOR CON FRACTS $1 00,000M and Under "W"a/i/i, /azi Expii-ation Date: ( 1101-I)OSC/1 escription: 4A, Mm S fo/ py ........... Contract is Original Agrcenient ontnact Ai,iietidriictitlf,,,"xictisioii ReneNval 40"("ontract Manager 15 "I A/001_61111*/,M� 'XI COM RACTCOS'l S " Tolal Dollar Value of Contract: $ J, rrCUITC111, Year Portion: (I i muhl cw agrectnew then wqmfc MCC approVA LMICYS 011C mw1jw,,dmomM 1, Budgeted'? Yes[IN-1 N o [.1 og Grant: $ COUnty MatCh: $LJ///rt'/,/ Fund/C Z ADD[FIONAL COSTS Estiniatiod Ongoing Costs� $0 /yr. NIA (Not hicluded at dollar valtie abi")ve) (e.g. maintenance, tit i I itics,Janitorial,salaries, etcj litsurance Required: YES A No 0 NTR A C`F RE V 11:\V Reviewer Date In Department I lead Signature: V I V I i 11 1.di8 1 n.i..CIS I S I a 11 f I�i I tis I------ wl, Oy�­q)fi C(Alnty' Aticirney SignatMV: Joseph X DiNovo Risk Managenictit SignatUre: Jadyn Flatt DOM, 0 0",2a lb 44 jjo,100 Purchasing Signtlftlre: Lisa Abreu A W,W It I U 44 04 W ------------------- ...... .............. 0 m 131 SigniftUrC: job n Quinn N,1,14 11, ....................................­.................... Cortiments Revised BOCCI'4/19/2023 Page 84 of 105 5086 MONROE COUNTY BOARD OF' COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR INSTALLATION OF TWO METAL RESTRO,OM DOORS A,ND FRAMES AT BIG PINE COMMUNITY PARK, 31009 ATLANTIS DRIVE-, BIG PINE KEY, FLORIDA 33043 1 BOARD 01" COLINTY COMMISSIONERS Mayor James K. Scholl, District 3 Mayor Pro Tetn, Michelle Lincoln, District 2 Craig Cates, District I David Rice, District 4 Holly Merrill Raschein, District 5 COUNTY ADMINISTRA ['(',)R Christine Hurley Cluk of the Circuit COLIN Facilitie's Maintenance Director Kevin Madok Wlhm DeSantis MAY 2025 PREPARED BY: Page I gal"; 5087 Monroe County Facilities Nlaintenance Department Monroe County Facilities Maintenance General Scope of Work .Job Name: k-istallaticm ol'2 i.,'rtelal restrooni doors and frames .Job Location: Big Pine Community Park, 31009 Atlantis Drive; Big Pine Key, I'lorida 33043 Contact: Chrissy Collins (11'h ri ssy Co I I ii n s Co 11 rissv-a Nl o ni ro eCo u n tv-11go v 305-304-9711 P 110,11',CT 0 VE R V I E W PRO,JECT INTENT AND SCOPE ("JENERAL REQUIREMENTS 1. Pr(aiect Overview A) Enter into as contract with a qualified Contractor for the installation of`2 metal doors and fi"arnes at Big Pille C"OnIn"IL11lik, Park. 31009 Atlantis Drive; Big Pine Key, I'lorida 33043A"he term of this contract shall commence upon the date of issuance to t1l e undersigned by the Owner of the Notice to Pr(.)ceed/PUrchase Ordej./,r]"aSk Order, Once commenced, the undersigned shall diligently COutinUC performanCe until cornpletion of" the Project. The undersigned shall accomplish Final Completion of the Pro1ject within Thirty (30) days, thereafter. 'Fhe Contractor shall be required to secure and pay for all required permits and approvals to perform the work, which may include.- Nlonroe County Build,ing Department and any other permitting or regulatory agencies, il'applicable, "Fhe ontractor shall include those permit fees as a part ofthe Contractor's bid. 13) All quotes are due by Thursday, May 22, 2025, at 12:00 P.M., via email to CoHin (s- ,'hriss'� a nionroccouiniN ---=- All Q)LIOtes miust state they will be good foi one hundred twenty (120) calendar days from submittal due date. Page 2 (,-)t'33 5088 2. Project Intent and Scope Scope of Work: The Contractor shall provide the lollowing Scope of Work and provide all labor and materials to complete the installation ol'a 2 rnetal restroorn doors and frames on the 2`� floor of lei, Pine, Corninunity llark,: I • Remove existing doors and frames. Install new doors arid frames, faint wall and door frarnes. Install lever sets arid deadbolts compatiMe with COUnty used Best Locks, • Install a security screen at the 10Uwer on both doors. Dispose ot'debris and clean up area. 3. General Requirements A) The Contractor shall coordinate all activities %vith the Monroe COLH`Ity Facilities Maintenance Department. Contact: (,I hrissy Collins .....305-304-9711 B) The Contractor is required to provide protection for all existing surfaces including, but scat firnited to: i, Existing fixtures ii. Personal Items iii. Floors iv, Vehicles and Personal Property v. Landscaping "I he Contractor shall ensure that all non-exempt employees flor this et1brt are coa nii pen sated in accordance with all State and Local Laws. D) 'Flie Contractor shall load, haul. and properly dispose(W all COnStrUCtion debris and materials. E) "I"he Contractor shall provide and niaintain, appropriate (OSILN required) construction kvarning signs and barriers. F)i I lie Contractor shall furnish all required wvork site safety eClUiptnent. G) "I"he Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all inaterials used in the ct)nstrUCtiOu. H) (I I OnStrUetiOn work times shall he limited to those specillied by the CountN,. 1) AH materials must be approved b�, SUbfnittal prior to commencement of work, Page 3 or 33 5089 J) 1-he Contractor shall provide a lump sung price by Thursday May 22, 2t)25, at 12:00 P. _ via email as noted herein. K) The Contractor needs to be aware ol'weather arid location and, plan accordingly, L) I'lle Contractor needs to be aware of the facility, its residents, and staff with MIUSual schedUles and plan accorcHrigIv. Z� �� M) The Contractor shall pr(.:)v ide a schedule 1"or all phases of tile project, N) 'rhe Contractor shall coordinate all activities with concurrent site work being pert'i.mried, il"any. O) Insurance ReqUirernents; Workers Cornpensation Statutory, Limits Employers' Liability $100,000 Bodily InjurY by Accident S500.000 Bodily Injury by Disease,, policy limits $100,000 Bodily Injury by Disease, each employee (jeneral L.jabih .y S200,000 per Person $300.000 per Occurrence S200,000 Property E)arnage or S300,000 Combined Single Lirnit Vehicle: $200.000 per Person (Owned, non-owned. $300,000 per Occurrence and hired vehicles) $200.000 Property Dartiaoc or $300,000 Conibined Single Limit Builders Risk Not Required C"OnStrUCtion Bond Not Required Fhe Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as (_"ertificate Holder and Additional insured on General Liability and 'Vehicle policies, A "'Sample'* Ceilificate of Insurance is attached, Which may not be reflective ofthe insurance arrvounts required for this project, but is provided for "hif orniational purposes- only. Page 4 ot"33 5090 P,) 'The Contractor is required tea have all current licenses necessary to perfc)rrn the. work and shall ISUbmit, the Contractor's license and Monroe County Business- Tax Receipt alongg, with its Proposal, Ifthe Contractor is, not a Current registered Monroe COLInty Vendor, then it shall also submit a properly completed and executed \V-9 Form. Q) INDEMNIFICA,r[ON, "OLD HARMLESS, AND DEFENSE. Notwithstanding any millinlUrn insurance requirements prescribed elsewhere in this agreement, tile Contractor shall defend, indemnify and hold tile County and the (."aunty's elected and appointed officers arid ernployees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings, relating to any type of in ury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that rnay be, asserted against, initiated with respect to, or Sustained by, any indemnified party by reason, of, or in connection with, (A) any, activity ofthe Contractor or ally of`its employees, agents. contractors or other invitees during the territ of this Agreement, (B) the negligence or recklessness, intentional Wrongful misconduct, errors or other wrongful act or ornission of the Contractor or any of' its employees, agents, sub-contractors or other invitees. or (C) the Contractor's deffiUlt in respect of any ofthe obligations that it undertakes Linder the terms oFthis Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise firorn the intentional or sole negligent acts or ornissions ofthe County or any of its employees, agents, contractors or invitees (other than tile Contractor). The monetary limitation of liabil,ity Linder this contract shall be equal to the dollar value of the contract and not less than $I million Per Occurrence pursuant to Section: 725,0,6, Florida Statutes. 'File limits of liability shall, be as set Forth in tile insurance requirements included in Subparagraph 3(0). herein, insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to) events or circumstances that OCCUr during tile term 01' this Agreement, this section will survive the expiration ofthe term of'this Agreement or any earlier termination ofthis Agreement. In the event that the completion ofthe pro.ject(to include the Work of others) is delayed or suspended as a result of the Contractor"s ffiflUre to purchase or maintain the required insurance, the Contractor shall indemnify the County f'rorn any and all increased expenses resulting frorn such delay, Should ally claims be asserted against the COUray by virtue ofany deficiency or arnbigUiI.N in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby arid shall further detend, any claim or action on the County's behalf. ['he extent of' liability is in no way, limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Page 5 of33 5091 This indeinnification shall survive the termination of this Contract, Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the COUnty's sovereign immunity. R) NON-COLLUSION. By signing this proposal. the undersigned svvears, according to law on his/her oath, auuacf under penalty of perjury, that their firm executes this proposal with prices arrived at Independently without COHLISiOn. consultation, C01111111,11lication, or agreement t"or the purpose of restricting competition, as to any matter relating to Such prices with any, other bidder or with any competitor. Unless otherwise required by law, the prices which have been qL10ted in this proposal have not been knowingly disclosed by the proposer and wil I not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor, No attempt has been made or will be made by the proposer to induce any other person, partnership or corporatikan to submit,or not to submit a proposal for the Purpose of restricting competition, The statements contained in this paragraph Lire true and correct, and made Nvith the full knowledge that Monroe County relies upon the truth ofthe statements contained in this paragraph in awarding contracts for this project. S) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFtCERS, OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not ernployed, retained, or otherwise had act on his/her/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 Co�de of Ordinances. I"or,breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct frorn the Agreement or purchase price, or otherwise recover, the t'UlI arnOUnt of any fee, commission, percentage, gift, or consideration paid to the lormer Courity officer or employee pursuant to Subsection 2-1 52(b), Monroe County Code of Ordinances. T) CODE OF ETIIICS. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Horida Statutes regarding, but not: limited to, solicitation or acceptance ofgifts; doing business with one's agency, unauthorized compensation-, misuse of public position, conflicting ernployrncnt or contractual relationship, and disclosure or use ofeertain intbrination. (J) DRUG-FREE WORKPLACE. By, signing this proposal, the Undersigned certifies that the contractor complies fully with, and in accordance with Section 287.087, Florida Statutes, as follovvs: 1) It Will publish as statement notifying employees that the unlawful rnanUfUtUre. distribution, dispensing, possession, or use of" a controlled Page 6 of 33 5092 substance is prohibited in the workplace and specify tile actions that will be taken against employees for violations of such prohibition. 2) It will inform employees about the clangers of drug abuse in tile workplace, the business's policy of' maintaining as di-1.4L,041-Ce workplace, any available drug counseling, rehabilitation, and ernployee assistance programs, and the penalties that nlay be imposed Upon employees for drug abuse violations. 3) It will give each employee engaged in providhig the corru-nodi ties or contractual services that are under bid a copy ofthe statement specified in Subsection I . 4) In tile statement specified in Subsection 1, it will notify tile employees that, as a condition, of"working oil the commodities or contractual services that are under bid, tile employee will abide by the terms of the statement and will notify the employer of' any conviction of, or plea of guilty or no],() contenders 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) It will 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, for any employee who is so convicted. 6) It will iriake a good faith effort to continue to maintain as drug-free workplace through implementation ofthis section. ADDITIONAL (,'.0NTRACTPR0VIS10NS 1) Nondiscrimination/Equall Employment Qpportunit�,,. 'I]ie 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' collipetent jurisdiction that discrimination has occurred, this Agreement autornatically terminates without any further action oil the part, of any party, efTective the date of the court order. The Contractor agrees to comply with all Federal and I'lorida statutes, and all local ordinances, as applicable, relating to nondiscrinlination. These include but are not limited to: I)Title VII ofthe Civil Rights Act of 1 9'64 (PL 88-352') which prohibits discrimination on, the basis of' race, color or national origin; 2) ritle Ix orthe Education Amendment of 1972, as amencled (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination oil tile basis of'sex; 3) Section 504 of the 'Rehabilitation Act of 1973, as amended (20 l CSC-" s. 794), which prohibits discrimination on tile basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 f.-JSC ss, 6101-61 )7) which prohibits discrimination on the basis of age; 5) 1"he Drug Abuse Office and Treatment Act of 1972 (PI, 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 (Pill,, 91-6 16), as amended, relating to nondiscrii-ninaLion oil the basis of'alcohol Page 7 of"33 5093 abuse or a I coho I isrn- 7,) 'The Public: I I ea I th Service Act of 1912, ss. 523 and 527 (42 USC. ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and df'Ll&, abuse patient records,, 8) 'Title VI II of the. Civil Rights Act. of 1 968 ('42 USC s. 3601 et seq,), as arnended, relating to nondiscrimination in the sale, rental or- financing of'hOUS1ng,- 9) 'Fhe Aniericans Nvith Disabilities Act of 1990, (42 USC s. 12101 Note), as may be amended from tirne to tirne, relating to nond iscrim ination on the basis of disability,- 10) Monroe County Gode Chapter 14,particle 11, which prollibits discritniriation on the basisol"race. color, sex, religion, national origin, ancestry, Sexual orientation, gender identity or expression, Carnihal 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 ofthis Agreement, the Contractor, in accordance with Etltad Emph,avrnent Opl.)oritinit'V (30 F"ed. Reg. 12319, 1293,5, 3 CER, Part, 1964-1 965 CO Rl r_ p. 339) as arnended by ExeCUtive Order 1 1375, Amentling Executive ()t•ticr 112-46 Rehving to Equal Eml,'Vo'vtnen( 01y)oru tnit.Y, and implementing regulations at 41 C',['.R, Part 60 (Office of Federal Contract Compliance Proorarns, Fqual Fiiip](�);girTient(,)pp(,)rtuiiitv, DepartnientolLabor), see 2 CF.R, Part 20OC, Appendix 11, IF C., agrees as follows: A) The Contractor will not discriminate against any employee or applicant 6or employment because of race, color-, religion, sex, sexual orientation, gender identity, or national origin. 'Hie ('lontractor will take affirmative action to ensure that applicants are employed, and that employees are, treated equally during employment, WithOL111 regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Snell action shall include, but not be limited to, the follovving� Employment, upgrading. demotion, or transfer, recrUitl1lClIt or recruitment advertising; layoff or termination; rates of pay or- other forryis of compensation, and selection for training, including apprenticeship. The Contractor agrees to POSt in COnSpiCUOUS PlaCeS, available to employees and applicants for ernployment, notices to be provided by the contracting officer setting forth file provisions of this nondiscrimination Clause. B) Fhe Contractor will, in all solicitations or advertisements for employees placed by or oil behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, I C) 'The Contractor will not discharge or in any other manner discriminate against any employee or applicant fear employment because Such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another eniployee or applicant, This provision shall not apply to instances in which an employee, who lias access to the compensation information of' other Page 8 of 5094 employees or applicants as as part 01 SLIC11 employee's essential Job functiows, discloses the compensation Of SUCh other employees or applicants to individuals who do not otherwise have access to Such intbritiation. unless Such disclosure is in response to it formal complaint or charge., in furtherance of' an investigation. proceeding, hearing, or action, Including an investigation conducted by tile employer. of- is consistent with the Contractor's legal duty 10 Ru"'Msh infortil D) The Contractor will send to,) each labor UfuOn Or representative of workers mlth vvhOi it has, a collective bargaining agreement or other contract Or understanding, a notice to be provided by the agericy contracting officer, advising the labor Uni011 or %vorkers" representative ofthe Contractor's commitments Linder Section 202 ol'ExeCLItive Order 112,46 of September 24, 1965, and shall post copies of the notice in C011SPiCUOUS places available to employees and applicants for employment. E) The C ontractor will comply with all provisions of Executive Order. 11246 of Septernber 24. 1965. and of the rules,regulations,and relevant orders of the Secretary of Labor. F") The Contractor will furnish all information an(] reports required by Executive Order 11246 of Septernber 24, 1965, and by the rules, regulations, and orders, of'the Secretary of Labor, Or Pursuant thereto, and will permit access to his books, records,, and accounts by the contracting agency and the Secretary of' Labor for PUrposes of" investigation to ascertain compliance with such rules, regulations, and orders, G) In the event of the - e"ontractor's non-compliance with th nondiscrimination CIMISCS Of' this contract or with, any of such rules, regulations, or orders, this c(,-)ntract may be canceled, terminated, of— suspended in whole or in part and the Contractor may be declared ineligible for further Goveniment contracts in accordance with procedures authorized in E'XCCUtive Order 11246 Of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in F"'AeCUtive Order 11246 of September 24, l 965, of- by rule, reg(JkIdOn, of, order of' the Secretary of' Laboo I-, of- as otherwise provided by la,w 11) 'Fhe Contractor Will include the portion of' (lie sentence immediately preceding Subparagraph (A) and the provision ol" Subparagraphs (A) through (H) in every Subcontract 01' purchase order unless CAeuipted by rules, I-CgUla.6011S, or orders of the Secretary cofl_abor issued pursuant to Section 204 of I'xecutive Order. 11 2_46 of September 24, 1965, so) that such provisions will be building UP011 each subcontractor or vendor, Fhe Contractor will take, such action with respect to any subcontract 01, PLII-Cll-,ISe order as the administering agency, may direct as I means of e If I b rcin g Such pf-ovisions. including sanctions for non-coniplial I g ]"'age 9 ol'33 5095 provided, however, that in the event a contractor becomes involved in, or is threatened vvith, litigation With as Subcontractor or vendor as a result Of Stich direction by the administering agency the Contractor may request tile United States to enter into such litigation to protect the interests ofthe United States. 11) Termination Provisions. A) In the event that the Contractor shall be lbund to be negligent in an aspect of service, the County shall have the right to terminate this aoreernent after five (5) days' written notiflication to the ContractOr. 13) E'i th e r o I`the parties hereto MaV cancel this Agreement WithOUt cause by giving the other party sixty (C(,)) days' written notice of its intention to do so., C) Ferrnination for Cause and Remedies: In the event of breach of' any contract terms. the County retains the right to terl-ninate this Agreement, The County may also terminate this agIreement, Cor caUSC With the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such ternlination, prior to termination, the County shall provide tile Contractor with live (5) calendar days' notice and provide the Contractor with an opportunity to care the breach that has occurred. 11' the breach is not Cured, the Agreement will be terminated 6017 UlUse. If tile County tenriinates this agreernent with the Contractor, the County shall pay the Contractor the SUM clue the Contractor under this agrcenicn.t prior to termination, unless the cost of corn Piet iorl to tile County exceeds the funds reulaining in the contract, However, tile COUnty reserves the right to assert and seek an offset 1:'(,)r daillages caused by the breach. The maxiniurn amount dUe to the Contractor shall not, in any event, exceed the spending cap in this Agreement. In addition, the COUnly reserves all rights available to recoup rnomes paid under this Agreement, including the right to sue for breach of contract and including the right to pursue as claim for violation of the COL111ty'S False Clainis Ordinance, located at Section 2-72 1 et aL ofthic Monroe COUnty Code, D) Termination for Convenience. The County may terrilinate this Agreement convenience, at any tirne, upon seven (7) days' notice to C, ,ontractor. Ifthe OUnty terminates dais agreement with the Contractor, County shall pay Contractor the surn due the Contractor tinder this agreernent prior to termination, unless the cost of completion to the COU!lty exceeds the funds rernaining in tile contract. '"I'he maximUM 011TIOLIF11 CIUC to Conti-actor shall not exceed' the spending cap, in this Agreement. In addition, the County reserves all rights available to recoup inonies paid Under this Ngrecment, including the right to sue f7or breach ofcontract and including tile right tO pursue a claim for violation Page 10 ol'33 5096 ol'the Counly's False Claims Ordinance, located at Art. IX, Section 2- 721 et al. of the Monroe C"OU111V Code, °i;b crutinized Cornmiic.s: For Contracts of any arTIOUrit, it' the COLinty determines that the Contractor/Consultant has, submitted a false certification Under Subsection 287,135(5), I"lorida Statutes or- flas been placed on the Scrutinized Companies that 13(:)ycott Israel List, or is engaged in as boycott mat" Israel, the C'01,1111) shall have the option of*p I ) terniinating the Agreement after it has liven the (:)titricte)r/('0l'I!SLi9tant written ni-.)tice and art opportunity to demonstrate the agency's, determination ot'false certification was in error pursuant to SUbsection 287.1 35(5)(a), Florida Statutes, or(2) maintaining the Agreement ifthe conditions, of'Subsection 287.135(4), Florida Statutes. are rnet. 111) Maintenance of Records..-['he Contractor shall mairitain all books, records, and documents directly pertinent to perfi,:mnanCC under this Agreement in accordance with gerteraHy accepted accounting principles consistently applied. Records shall be retaitQ for it period of seven (7) years frorn the terrnitiatia')n of' this agreement or in accordance witli, the State of" Florida retention schedules (I'ittps://dos.fl.gov/1ibr'ai°y'-arcliives/'records-i-nanagel'Tierit/geiier,il-r-ecord,,-,- schedules/),,whichcver is greater. I-I'ach party to this Agreement or its authorized representatives shall have reasonable and timely access to such records oreach other party to this Agreement for public records purposes during the terrii ofthe Agreement and for the applicable retention period following the termination of this Agreement. IV) RiLxhtto Audit. zlwilctbilitv (Y Rccoi-tA'. l"'he records of"the parties tro this Agreement relating to the Project, which shall include but not be limited to accounting records i hard copy°, as well as COMPUter readable data if`it can be made available, subcontract files including proposals of successful and UnSUCCeSSCUI bidders, bid recaps. biddinix instrUChOr1S.1 bidders list. etc.)- original estimates, estimating work sheets; correspondence, change order, files (including, c1cicurnentation covering neootiated settlements)-, back char�,.'C 10"S and Supporting dOCUrnentation- general ledger entries detailing cash and trade, diSCOUnts earned, insurance rebates and dividends., any other SUPPOrting evidence deemed necessary by the Owner or by the Monroe County Office of the Gerk cW(.7ourt and Comptroller (hereinafter rel'erred to as"Count.N,Clerk—)tea Substantiate charges related to this, agreement, and all other agreements. sources of Information and matters that may in the Owner's or the County Oerk's reasonable Judgment have any hearing on or pertain to any matters, rights, duties. or obligations under or covered by any contract docurnent (all floregoing hiercinafter referred to as "Records-) shall be open to inspection and SUbJect to audit and/or reproduction b y the OwneCs r-epresent,,ttivearid,/ori(,etits of Owner-ortheC'OUnty Clerk, I'he Ovvner or Count),, Clerk may also conduct verifications SUCh as, but riot limited to, counting employees at the joh site. a\itnessing the distribi.ltiOrl of" pavroll, I"a ge I I of 33 5097 verifying payroll COMPLItations, overhead cornputations, observing vendor and Supplier payrrients, miscellaneous allocations, special charges, verifying inforrnation arid afTIOU]"ItS throU,gll interviews and written confirtnations with ernployees, subcontractors, suppliers, and contractor,' representatives. All records, shall be kept Ior ten (10) years after l"inal Completion. 'I lac C'ounty Clerk: possesses the independent aUthOrity to conduct an aUdit of'records, assets, and activities relating to this project. It'an auditor ernployed by the County or Clerk detennines that monies paid to Contractor pursuant to this Agreement were spent t'Or purposes 1101 authorized by this Agreement, or vvere wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03,the Florida Statutes, running born the date the monies were paid to Contractor. Me olght to t'ludil provisions SUrViVC the WrIflinatiOn or expiration of this Agreement. V) Payment of Fees/ ttivoices. The County shall pay pursuant to Section 2 18.70, l"lorida Statutes ff'lorida Local Government prompt Payment Act) upon receipt ofa Proper Invoice from the Contractor, payments due arid unpaid under the Contract shall bear interest pursuant to the I'lorida Local Government Prompt payment Act, 'The ("ontractor is to submit to the (-I.10LIrIty invoices with supporting documentation that are acceptable to the County Clerk. Acceptability to the County Clerk. is based on generally accepted accounting principles arid such lavks, rules. and regulations as may govern the ("ounty (Ierk's disbursal of funds. Invoices shall be submitted to Monroe ounty Facilities Maintenance Department, Attention Chrissy Collins, via email at (,'olfins- hrissvit iin,t)tiiroecotjwif.-N,-fl.go8,,. I-he County is exempt frorn sales arid use taxes. A copy of the tax exemption certificate will be providcd upon request. f.inal payment shall be made by the County, Lis the Owner, to the Contractor When the Corn ract has, been 11d ly perfornied by the Contractor and the work has, been accepted by the County. VI) Public Records Compliance. The ("k:)nt.raetor nuist cornply with l"forida public records laWS, including but not firnited to C.hapter 119, U'lorida Statutes arid Section 24 ol"Article I of the COTIStitUtiOn of Florida. ]'Ile COUntv, and Contractor shall allow and permit reasonable access, to, an(] inspection of, all documents, records, papers, letters or other -public record'" ITIZAM'ials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by tile County and Gontractor in conjunct on with this contract and related to contract perf'ormance. The C.01111ty shall have the right to Lin i lateral ly cance I this contract UP(MI vi6laflon of this provision by the Contractor, I'ailure of the (,,"on tractor to abide by the terms of this provisions shall be deerried as material breach or this contract and the County may eril'orce the terms of this provision in the forni of page 12 of'33 5098 a court proceeding arid shall, as as prevailing party, be entitled, to reirribUrsement of'all attorneys Fees and costs associated with that proceeding. This provision shall survive any termination or expiration ofthe contract. The is encouraged to C011SLift With its advisors about Florida Public Records Law in order to comply itll this Provision. pursuant to Section 119,070 1, I"forida Statutes and tile terrTIS and conditions of' this contract, the Contractor is required to: A) Keep and maintain, public records that WOUld be required by the COL111ty to perf'oro'l the service. B) Upon receipt firont the County's custodian of' records, provide the County 'ounty with as copy of the requested records or allow the records to be inspected or copied within as reasonable tinge at a cost that does riot exceed the cost provided in this chapter or as otherwise provided by, law. [E.risure that public records that are exempt or confidential -,in(] exempt fi-orn public records disclosure requirements are not disclosed except as authorized by lawr for tile dUration of the contract term and following completion ofthe contract if the contractor does n(,a transfer,the records to the County. D) (Jpon completion ofthe contract, transfer, at no cost, to the all public records in possession of the Contractor or keel) and niaintain public records that WOUld be I`C(jUired by tile COUnty to perform tile service. If the Contractor transfers all public records to the County UPOo cornpletion, of the contract, the ("ontractor shall destroy any dUplicate public records that are exempt or confidential and exempt from public records diSCIOSUre rcquireruCntS. 11'tile 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 tile County, Upon request ftorn tile ("OUIlty'S Custodian of records, in a fbi-Tilat that is cornpatible With tile infonnation technology systerns of the County, E) A reqUCSt to inspect or copy public records relating to a COLHAY COutraCt must be made directly to tile County, but if tile COUnty does, not possess the requested records, the (11 OLUlty Shall hllnlediately 110tify the Contractor oaf the request, and tile Contractor )trUSt provide the records to the (aunty or allow the records to, be inspected or copied within a reasonalfle firne. If the Contractor does riot comply with the (;aunty's request for records. the County shall enfiorce the public records contract provisions in accordance NN,ith the contract, notwithstandinc, the County's option and right to Lnlilaterally cancel this contract upon viol tic n cat` this, provision by the Contractor. CI ontractorwho fulls to provide the public records to the County Or PLU-SL1,111t to Page 13 of 33 5099 a valid public records request vOthin a reasonable time T-nay be subj ject to penalties under Section 119,10, Florida Statu les. The Contractor shall not transfer CLIstody, release, alter. destr(,)y or otherwise dispose Ol'ittly PLIMic records unless or o4ierwise provided in this provision or as otherwise provided by law. IF THE CON r TRACTOR HAS QUESTIONS REGARDING T14E APPLICATION OF CHAPTER 119, FLORIDA sTATUTES, 'TO THE CONTRACTOR'S DUT Y TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BR:IAN BRADLEY ATEONE, NO, 305-292-34702 BRADI,EY-BRIAN' tLi,,')M�ONR�O�EC(')UNTY'-Fl-.GOVI, MON.ROE COUNTY ATTORNEY'S OFFICE, 1111 12"" Street,SUITE 408, KEY WEST, FL 33040. V 1,1) E-verit" I" sj'steln, Beginning JarMary L 2021, in accordance with Section 4,48,095, Florida, Statutes, as inay, be anlended frorn time to time, the Contractor and any subcontractor shall register vvith and shall utilize the U.S. Departnient of' Jr-lorneland Security's E-Verify system to verily the work aUtIlOrization Status of' I all nevi employees hired by the Contractor during the term ot'the (,ontract and shall expressly reqUire any SUbcoritractors perforining work or providing services PUrsuant to the ('01r1tract to likewise utilize the US Department of' Home land Security*s E-Veri fy system to verify the Nv,-A-k aUthorization status of all new einployees hired by the subc(-)ntracror (luring the Contract term!. Ally subcontractor shall provide an atlidavit statildig, that the subcontractor does not employ, contract with, or subcontract with all Unauthorized alien. The Contractor shall comply with and be, subject to the provisions of' Section 448.095, Flori&i Statutes, Pursuant to Section 448.095: A) **A Public agency, Bidder, or subcontractor who has a good flaith belief' that as person or an entity with which it is contracting has knovvingly violated SUbsection 448.(r9( l ) shall terannate the contract with tile person or entity. 13) A public agency that has a good thith, belief.' tha a t subcontractor knowingly violated this subsection, but the Bidder otherwise c ornplied with this subsection, shall promptly notiFy the Bidder and order the Bidder to immediately terminate the, contract with the s u bcon tractor. C) A contract ten'ninated Under this paragraph is not a breach of contract ,and rnay not be considered gas, SUCII, If a pubhc agency terminates as contract with as Bidder under this paragraph. the Bidder rmly not be awarded a public contract for at least I year after the date on which the Page 14 of'33 5100 contract was terminated. A Bidder is liable for any additional costs incurred by as public agency as a result ofthe termination of a contract.- VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United "Mates Mail,certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is decined received by the (.7ontractorwhen hand delivered by national courier vvith, proof cat delivery or by U,S. Mail upon verified receipt or upon the date ofrefusal or non-acceptance ot'defivery. Tile place of giving Notice shall remain the sarne as set lorth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the fbIlowing persons: For Contractor:! Sea Tech of the Florida Keys Inic PO Box 42059 .............. Sum merland Key,FL 33042! ......................I'.--- ............. Attn: Ryon LaChapeHe For Owner: Facilities Maintenance Department Attention: Chrissy Collins 123 Overseas Highway Rockland Key, I'lorida 33040 and Monroe COLInty Attorney's Office I I It 12"' Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure ofeillier Party to perform its obligations under dais Agreement mill be excused to the extent that the delay or [12ilUrC was caused directly by all event beyond such PLUTV'S COntrol, VVithOLItSUCII Party's CaLdt(A' negligence and that by its nature could not h-ave been (breseen by such Party or, if it could have been foreSeell, Was unavoidable: (a) acts of GO( ; (b) flood, fire, earthquake,, CXPIOSiOn, tropical storm, hurricane or rather-declared) CITIerIgency in tile geographic area.of the Protect, (c) war, invasion, hostilities ("Ilether vvar is declared or riot), tern)rist threats or acts, riot, or Odder Civil unrest in the geographic area of the Protect:, (d) k,overnment order Or taw in the geographic area of tile Project., (c) actic)ns, embarooes, or blockades in eft'ect, on or after tile date of'this Aoreernent�l (f� action b any g I overnmental aUthority prohibiting work in the geographic area of the ProJect-(each, a "L,ncontrol table (JI-CUIllstance"). The Contractor's finaricial inabilit-Y to perl'orm, changes in cast or availlability of inaterials, components, or � I c services, market conditi()IIIS, ()rSLIpplICr aICIJOIIS 01!° contract disputes Will 110t CXCLISQ Page 15 oaf'33 5101 performance by Contractor under this Section. The Contractor shafl give the Coutwv vvrittell 110tiCe Within scven (7) daNs of any event c�r circunistance that is rcasonatilly IiWy tan result in an [,,ncontroHable Circumst,'ince, and the anticipated CIM-atioll 01"SUCh UncontrollaMe C'irCLKIlstance, ']-'lie C'ontractor shall use aH diligent Ot f,orts to el"Id the UncontrollaMe CiTCUIIISIMICe, enSLA-e that the effects of an), 1-4-icontrollable OrCLII'nstance are miniiiiized and NSUITle I'UH PCTTORTIaIrcc under [his Aorcenient, I he County Vlill INA pay addiflomfl cost as a reSUlt of ail Circumstance. 1"he ("ontractor may only seek as no cost Chan e Order or Arneridnient for SUCK reasonaMQ time as the Omtcrs Representative mad, detertilkie. X) Adiudication of Disputes or Dis,apreements. ,rl lie 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 satisfiaction 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. '['his,Agreement is not subject to arbitration. 'I`his provision does not negate or ",aive the provisions of Sections 1, Nondiscrimination, or Section 11, coriccrning termination or cancellation. Page 16 of'33 5102 PROPOSAL FORM PROPOSALTO: Monroe County Facilities Maintenance 123 Overseas Highway Rockland Key, Florida 33040 PROPOSAL FROM: Sea Tech of the Florida Keys Inc PO Box 42059 Sunimedand Key,FL 33042 The undersigned, having carefully examined the Work and reference Drawings. Specifications, Proposal, and Addenda thereto and other Contract Documents for the conStrUC6011 Of. Installation cafe Metal Restrooin Doors and Frames at Big Pine Community Park and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor aff'ecting the cost thereof'' and having faniiharized hinlself'vvith material availability, 1'ederal, State, and Local laws, ordinances, rules and regulations affecting performance ofthe Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work iticidental hereto, in a workman-like manner, in conformance with said Drawings, Spec i fications, and other Contract Documents including Addenda issued thereto, j,he undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local Sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall asSUrnC-the risk ot'any and all costs an(] delays,arising froni the existence of any subsurface or other latent. physical condition which Could be reasonably anticipated by reference to documentary in6ormation provided and made available, and from inspection and examination ofthe site. The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of iSSUance to the undersigned by Owner of the Notice to Procced/PUrchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion ofthe froJect. 'ri'he undersigned shall accornplisil l'inal Completion ofthe Project within 17 hirty (30), days, thereafter, ["age 17 ot'33 5103 The Base 11'roposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Ten T. sa:n Siix Hundred Sixt_y-nine and 56/100---------------------Dollars. (Total Base Proposal- words) $ 10,669,56 Dollars. (Total Base Proposal - numbers) 1 acknowledge Alternates as follows: N/A I acknowledge receipt of'Addenda No,(s) or None No. Dated Page 18 of 33 5104 In additkml, Proposer states that he/she has pr(,)N ided or will provide the County, along with this P p M y Business Tax RcccipL, andropoa , acerecoy ' Certificate of' Insurance showh`jg the tnitlirr)(Arn inSUrance reqUirements for this pro,ject. Execution by the Contractor must be by as person with authority to bind the entity. By signing this agreement below,, the ontracLor has read and accepts the terms and conditions set forth by the Monroe Count� Glerieral Requirements for Construction fOUnd at the link on the Monroe County wet.) page: AND I11 - A- vC t_ptKqP3ZRW ,-—L J QRE�2 i--J—n.PnnjnPS— L��Itl I)-18 accepts all of the terins and conditions and all Fecleral required contract provisions herein. N WITNESS WFIERE101", the parties have caused this Agreement to be eXeCUted by their dUly authorized representatives, as follows: Contractor: Sea Tech of the Flo�rida Keys Inc -------------------------- ................- .................1-111-1-1............... ----------------- Mailing Address: PO Box 420529,Suimmerland Key, FL 33042 Phone, NUrnber: 305-872-0888 65-0126213 ... ............................................ .................... F°1'm a i robins@se art ech,cc ...................................... ................................. I),,,t�e 5/22/25 Sioned: Robio, SZAHAOICky Robin Smansky, Secretary Name Title C I ontractor's Witness signatUre: _U"a - Wti tness name: Eduardo Este ne Jr ............................ ................................... 5/22/25 .............................................. ............... The County accepts the above proposal: MONROE COUNTY, I'LORIDA Date: ------ 13y: County Adm i nistrator or Designee WINROE COUNTY^TTOMN iCWF'ICF_ APPROVIED A5 TO FCMM Page 19 of33, UN�A t� DATE:� 5105 NOWCOLLUSION AFFIDAVIT 1, Robin Szmansky of the city of Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Secretary of the firm of Sea Tech of the Florida Keys Inc the proposer making the Proposal for the project described in the notice for caIliing for proposals for: installation of 2 MetaN Doors & Frames,at Big Pine Community Park and that I executed the said proposal with full authoirity to do so; Z The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as, to any matter relating to such prices with any other proposer or with any competitor, and 3. Unless otherwise required by law, the prices whiich have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly, or indirectly, to any other proposer or to any competitor-, and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to suibmit, or not 'to submit, a proposal for the purpose of restricting compefifionR and 5. The statements contained in thiiis, affidavit are, true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this, affidavit in awarding contracts for said project. R06iol SZ4ka*15,kV 5/22/25 (Signature of Proposer) (Date) STATE OF, 'Texas CO - UNTY F. Hidalgo O Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or ;?online notarization, on _ 5/22/25— (date) by Robin Smansky — (name of iaffiaint). He/She is personally known to me or has produced Valid Drivers Ucense (type of identification!) as identification. UU4A46- &&Vaoz;A1 NOTARY PUBLIC My commission expires: 04/25/2028 (SEAL) ......................... 11age 2,0 ref'33 Cr Electronicai[y signed and notarized online usOig Vie Proof platform, 5106 LOBBYING AND CONFLICT OF INTEREST' CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS, CLAUSE Sea Tech of the Florida Keys Inc (Company) it... warrants that he/she/it has not employed, retainied or otherwise had act on his/her/ its behalf any former County officer or employee in violation of Section 2 of Ordinance No, 010-1990 or any County officer or employee in, violation of Section 3 of ordinance No, 010-1990. For breach or violation of this provision the County may, in its diis,cretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or e,mployee". k>06;07 SZ**ta*?5'ky (Signature) Date: 5/22/25 STATE OF: Texas COUNTY oF: Hidalgo Subscribed and sworn to (or affirmed) before me, by means of El physical presence or X online notarization, on 5/22/25 20 _ (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced DRIVER LICENSE as identification (Type of identification) NIO,TARY PUBLIC My commission expires: 04125/2028 Fduarido Estevane Jr ID NUMBER 4 00 C0MKSS*N EXPMES Api 0 25,2026 Blectronically signed and notarized online using the Pro�ot platform, 11age 21 ol'33 5107 DRUG-FREE WORKPLACE FORM Fhe undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereb), certifies that: Sea Tech of the Florida. �Inc (Marne of'Business) I Publishes a ,taterrient notitVing eITIPl0VCeS that the Unla"ful inanuflaCtUre, distribution, dispensing. possession, or use of as controlled Stribstance is prohibited in the workplace and specifying the actions that will be taken against cmplc)yees for vicalations of' sitch proliNtion. 2. Infomis employees about the dangers ofdrug abuse in the workplace, the business's policy of rriaintaining a drug-free workplace, any available drLI61 counseling, rehabilitation, and employee assistance programs, and the penalties that, may be imposed upon employees for drug abuse violations. 3, Gives, each employee engaged in providing the commodities or contractual services that are Linder proposal a copy of the statei,rient specified in subsectk)n (1). 4 In the staterrient specilied in subsection (I ), notifies the employees that, as a condition of \korking cm the cornatodities or contractual services that are tinder proposal. the employee \N ill abide by the terms c)fthe statement and will notify the eniployer ofany conviction of", or plea OfgUilty or riolo clontendere to, any violation ot'Chapter 893 (Florida Statutes) or of any controlled Substance law of the United States or any state, for a violation (xcurring in the workplace no later than five (5) days after such conviction, 5. Imposes a sanction on or requires the satisfactory participation in as drug abuse assistance or rehabilitation prograrn it' such is available in the employee's community, f(.-.)r any eniploNec who is so convicted. 6 Nlakes a good, faith effort to, continue to maintain a drug-fi-ee workplace through implementation ol'this section. As the person authorized to sign the statement, I certify that this firm corinplies hilly with the above requirements, &00�1'161 szkolAsIcky Proposer's Signature 5/22/25 Date STATE OF'- Texas C'OUN FY OF,: Hidalgo ................................................. Subscribed and sworn to (or affirmed) bet6re rne, by means of'M physical presence or fe online notarization, on 9ram 12;5rrrrrrr--l"- -- (date) by in.Szmansky— (narne ofaffiant). I le/She is personally known to me or has produced --Vali'd 017*Var's-4,J ease--............. (type ofideritification) as ides it ation. ........... 91,1"9 Y Eduardo Estevane Jr NOTARN' PUBLIC 0 Z 25 , ID NUMBFR My Cm omission I'Apires., 041 12028 0 COMMISS�ON EXPRES Apnt 25,2028 Noe 22 ol"33 Bectronically signed and notarized online Using the Proof:platform, 5108 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 suibmit a bid, proposal, or reply, on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, on leases, of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business w,ith any public entity iin excess of the threshold amount provided in Section 287,017, Florida StatUtes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and !state that neither _SaaJ_eLh_ him , ;4 KPvq I nir — (Proposer's name), nor any Affiliate has been placed on the conivi6ted vendor list within the last thirty-si'x ( 6) months. (Signature) Date: 5/22/25 STATE OF: Texas COUNTY F. —Hidalgo Subscribed and sworn to (or affirmed), before me, by means of r7i physical presence or Cgonline notarization, on the , 22 day of May 1 20 25 , by Robin Szmainskv (name of of ,,aunt), He/ is personally known to me or has produced Vabd Drivers License (type of idenitification) as identification. tinii�r ark 111',�,'Oy 5duardo 5stevane Jr My Commission ExpiresD4j2LL2D,',1 ID NUMBER + COMMISSON F.XPIRE 5 NOTARY PUBLIC 4o i �40` AV:nt 25 Z029 Pectronically siginied and notarized online using the Proof platforrii, Pave 23 ol"33 5109 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(sy Install 2 Metal Doors & Frames, BP Comm! Park Respondent Vendor Name, Sea Tech of the Florida! Keys Inc Vendor FEIN 65-,0126213 Venclor's,Authorized Representative Name and Tiitle: RobO Szmanskv, secretary Address: 131 Paiornino Ho�rse Traci City Bug Pnne Key State: Rorida Zip 33043 Phone Number 305-872.0888 Eirnail Addiress: robinsaseatec Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a propoisal for, or entering into or renewing a contract for gioods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.472�5, Florida Statutes, or is engaged in a Boycott of Israel Section 287 135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists wh4chi were created! pursuant to Section 215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria As the person authorized to sign on behalf of Respondent, II hereby certify that the company identified above in the Section entitled "Respondent Vendor Name"' is not listed on the Scrutinized Companies that Boycott Israel List or is, 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 wuthi Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria ll understand that pursuant to Section 287 135, Florida Statutes, the submission of a false cerfification may subject the company to civd penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or engaged in a boycott of Israel or placed on the Scrutimzed Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sector List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287 135, Florida Statutes, and in accordance with such provision of FIloncla law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services Certified By obin Szmansky who is authorized to sign on behalf of the above r renced cqjT4iany, Authorized Signature:_A Print Name. RQUn Szmansk Title, Secretary Note. The List are available at the following Department of Management Services Site: tt1[jnflwyuy aJqj,5,kp2y!,,!giida,ccni/busmess, o eraN)n§/st ate �i �L nwcteid pL _�nforniafion/co p ended dis 7�i ialcLr orjMOmts vendor Hsts hge 24 ot'33, 5110 AFTIDAVIT ATTESTINC. 'TO NONCOERCIVE CO�N DUCT FOR LABOR OR SERVICES 1-1'nfitY/Vend(.')r Nanl!e: Rort-da-Keys-imc Vendor FEIN: 65-01262,13 ..................... Vendor*s A.Uthorized Representative 2cbin-Smnai Iskv Sezietary- (Nante and I itle) Address: 131 Pallommo Horse Trad ........... ........................... ............................. C 4y D9 Pme Key State: Porda ZiP� 3�3043 ---------- - -------Phone N umber"--,--3na-a.z2..m3a8 F"ma I I Address: As a non-governmental entity executing, renewing, or extending a contract with a g(�)vernnient entity, 'Vendor is required to provide an affidavit Under penalty of' per jury attesting that Vendor does not use COercion for labor or services in accordzaucc with Section 787.06, Florida StatUles. As defined in, Subs'ection 787.06(2)(a), coercion means.- I tJsin- or direatenim., to use physical force against any person-1 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person WithOUt 9a"ful aLithority and against lier or his will, 1 Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a Security fear the debt, if the value of tile labor or services as reasonably assessed is riot applied toward the liquidation of the debt, the len-th and nature of the labor or service are not respectively limited and defined, 4. Destroying, c(mccaling, removing, contiscafing, withholding, or possessing any actiW Or purported passport. visa, or other immigration docunient. or any other actUaI or purported govermilent identification document, of any person: 5, CaLlSing or threatening to cause financial harm to any person, 6 Enticing or luring auy person by fratid, or deceit*, or 7, Providing as controlled Substance as outhried in, Schedule I or Schedule 11 of Section 89 .0.3 to anv, person I'm the purpose of exploitation ofthat person. As a person authorized to sign on behalf of Vendor. I celtif)' Linder penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06,Additionally.Vendor has rev ievved Section 787.06, Florida Statutes. and agrees to abide by sarne, C c rt i fit ed b v Rob�n Szmansky who is .............. authorized to sign oil behalf'of the above referenced company. Authorized Signature: n M I Z- ��" ......................... Print Name: _____ R.q.b.i!j.Szmansky t"iticrekar�r . ......................... .............. Page 25 of 33 5111 LOCAL PREFERENCE FORM A, Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No, 004-2015 and 025-2015, must complete this form, Name of Bidder/Responder Sea Tech of the Florida bays Date: 5/22/25 1 Does the venidor have a vaijid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the nofice of request for bids or proposals? -yeA (Please furnish copy ) 2 Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business an a day-to-day basis that is a substantial component of the goods or services being offered to Monroe Count�y? yes (The physical business address must be registered as its principal place of bUsiness, with the FlIorida Department of State for at least one (11) year prior to the notice of request for bid or proposal.) List Address 131, Palomino Horse Trail, Big Pine Key, FL 33043 Telephone Number! 3()5_872_c)88,9 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? no If'yes, Please pirovidle, I Copy of Receipt of the business,tax paid to the Monroe County Tax C61ectoir by the subcontractor dated, at least one (1),year prior to the notice or request for bid or proposal 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates, (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1) year prior,to the notice of request for bids or proposals) Telephone Number Address Print Name: Robin Szmansky Secret ry Signature and,TMe of Authorized Signatory for Biddeir/Responder STATE OF: Texas COUNTY OF� idlalqo Subscribed and sworn to(or affirmed)before me, by means of 0 physical presence or lKonline notarizatlon, Oil 5/22125 (date) by Robin Szmansky (name of affiant) He/ is personally known to me or has produced Valid Drivers License (type of identification) as identification, rEduardo Sstovanelr NOTARY PUBLIC Md NUMBER �46 A My commission expires' Q�/" 5/ � JF ApO 25 2028 Electron ica Illy signed and notarized online using the Proof platform, Page 26 ot'33 5112 INSURANCE REQUIREMENTS AND FORNIS MONROE COUN'ry, FLORIDA RISK MAN AGEMENT POLICY Al" D PRO( EDU RES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the vvcirk and services governed, or the pods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtaln, at hi 'her o"'n expense, insurance as specified in any attached schedules, which are imlde part of this contract, File Contnactor k%i 11 euSUre that the insurance obtained v),ill extend Protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insunince consistent wvitlb the attached schedules, "the Contractor will not be permitted to commence work governed by this COMI-00 (including fare_ staging of personnel and material) until saflstlactory evidence of (lie required insurance has been furnished ro the COUnty as specified below. F)elays in the cornincticernent ofvvork, reSUltiTlg frOill the failure of the Contractor to provide satisfactory evidence of the required insurance. shall not extend deadlines specified in this, contract and any penalties and failirre to perform assessments s-flail be imposed as if the work commenced on the specified date and time, except for the ontractor*s Failure to provide satisfactory evidence. "The Contractor shall maintain the required insurance throughout the entire term of this contract and ariv extensions specified in the attached schedules. Failure to comply with tills provision may result in tile imniechate susperismn of call vvork until the required insurance has been reinstated or replaced. Delays in the cim,ripletion ot'Nvork resulting froirn the f1lilUre of the Coritraet(:nr to maintain the required i I n5airance shall not extend deadlines specified in this contract and any penalties and failure to perform aSSCSSITICII(S shall be imposed as ifthe Nvork had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor wvill be held responsible tor all deductibles and self-insured retentions that rnay be contained in the C Insurance policies, The Contractor shall provide, to the C Wilily. as satisfactory evidence of the required uISLArance, culler: *Certi ficate o f I nsu rance or * A Certified copy of the actual nISUrance policy. the C ouiit-%1',, at its sole option, has the right to re(ILICst a certified copy ofany or all insurance policies required by this contract. Ali insurance, policies must specify thiat they are not subJect to cancellation, non-renewal, material change, or reduction in coverage unless a mininlUill ofthitly (30)days prior notification is given to tile County by the insurer. 'The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the frorn any liability i-)r obligation assumed Linder this contract or imposed by la%%. The \11onroe County Board of COL111t), ('.'ornmissiolliers, its ernployees and officials. at I 100 Simonton Street, Key West, Florida 330,40, will be included as "Additional Insured" Lai all pcflicies,, except for Workers' C"orn Pell sa t I i I c)n Page 27' of'33 5113 Any deviations firorn these General Insurance ReqUirements must be requested in writing on the County prepared forin entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Riisk Management Department, Page 28 of'33 5114 PROPOSER'S INSL)RANC71", AND INDEMN11"ICATION S I'ATEMEN r INS(JRANCE REQ1JIRL-MI.`1N I'S Workers Compensation Statutory Limits Employers Liability S 100,0005500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per person $300,000 per Occurrence $200,000 Property Damage Or S300,000 Combined Single L,irnit Vehicle $200,000 per Person (Owned. non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Dzu-nage o,r S300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required ']'he Monroe COUnt y Board ofCounty Commissioners. its employees and officials, 1100 Simonton Street, Key West, I'lorida 33040, shall be named as Certificate Holder and Additional Insured oil Cieneral Liability and Vehicle policies. INDEVINIFICA,r10N, HOLD HA11VILESS,AND DEFENSE.Notwithstanding all),, rninin'lUlln insurance reClUirements prescribed elsewhere in this agreement,ContracLor shall defend, indCrnllify and hold the County and the (J)unty's elected and appointed officers and employees harmless front and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings,. or other proceedings relating to all),, type ofin.jUry (including death),, loss, darnage, fine, penalty or business interruption, arid (iii) any costs or expenses, (flat may be asserted against, initiated with respect to, or SLIStained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of.'its employees, agents, contractors; or other invitees during the terra Ofthis Agreement. (13) tile negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or oillission of Contractor or any of' its employees, agents, sub-contractors or other invitees, or (C) Contractor's det'ault in respect of any of the obligations that it undertakes under the ternis of this Agreement,, except to the extent tile, claims, actions, causes of action. litigation, prc)ccedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contracU,)rs or invitees (other than Contractor). The rrionetary, limitation of liability Under this contract shall beeqUal to tile dollar value of the contract and not less than$1 million pel-OCCUrrence pursuant to Section 725.06, I'lorida Statutes. The limits or liability shall be as set forth in the Page 29 of 33 5115 insurance requirements included in Paragraph 3.0, herein. Insofar as the clairns, actions. causes of action, litigationn, proceedings. costs or expew;es relate to events or circumstances that occur during the term of' this Agreement, this section will survive the expiration of' the term of this Agreement or any earlier termination of this Agreement. In the event that the conipletion of the prqject (to include the work of others) is delayed or suspended as a result, of the Contractor's tailure to pUrch,ase or' maintain the required insurance, the Contractor shall indeinnify the County fi-orn any and all increased expenses,resulting from such delay. ShOUld any claims be asserted against the COUnLy by virtue ofany, del"iciency, or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the C.ontractor Shall hold the County harmless and shall indemnity it frorn, all losses OCCUrring thereby and shall Further defend art)/ claim Or aCti011 On tile COUnty's behalf", J'he extent of liability is in no way hinited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROP ER' STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in thiiis proposal, Sea Tech of the Florida Keys Inc !!�� PRO,POS R Signature Page 30 of 33 5116 1 �•�- ATE-11 , Ili ' ► ' ' a a , �'�,CERTIFICATE F LIABILITY INSURANCE OI1 THIS CERTIFICATE IS ISSUED AS A MATTER OF ]INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DUES 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 HiOLDER. IMIPORTANT; It the certificate holder is an ADDITIONAL INSURED, the policy(les) roust have ADDITIONAL INSURED provisions or be endorsed,. It SUBROGATION IS WAIVED, 'subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cerliflcate does not confer ri t!to the c�ertifica�te holder In lieu of such errdorsernentfs � _ODUCE , . ..,, �. c N E,ID 30 �741•7373 mm.. � ae�p. PRC7oUCER 3�.0 .741-7373 �Ar Rebecca FiCuram Keys Anchor Insurance AgencyPHONE FAX MI 844-259-792 Rebecca Horan IA .t , 0971 Avenue A Unlit C BIg Pine Key, FL 33043 RetMecca Horan INSUR%#lSt AFFOROING COYE NAlp$0 INAIIRF,RA i Kinsale Insurance Co 38920 Hsu ech of the FV K �N�1Re,Continen 'su l Ca iallty Company 0443 eae s Inc 131 Palomino Norse gall I4S4eTaC Big Pine Key,FL 33043 INsi1RFn u tlr#"3MIRFR F,, INSURER F CERTIFICATE NUMBEW REVISION NUMBER, PHIS IS TO CERTIFY THAT THE T OLC C,IES OF INSURANCE USTEID BELOW HAVE;BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PL:F'IUTILT INDICATED N.IIWITHSTANDINU: ANY REQUIREMENT 'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W4"11`11 RESPECT TO WHIICH IHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY l"IHE POLICIES DESCRIBED HERON IS SUBJECT TO AIL,II- "IHE IERMS, EX'CLUSIQNS AND C ONDlITICNS OF SUCH POT-01 S LMlTS SH0Wu1N MAY HAVE;BEEN REDUCED BY PAO CTtANOS ura:FA �_. TYPE OF INSURANCE ADbLiIIJO ' w POILIC caL uc r Nua�eeER A X COMMERCIAL GENiERAL!LA ILI'IY ••.•• ,• „,�,�,,,•�•., I FMV.,aW LaLQURRc P4L;E 5 1,000,ttoo DAMA, c 10R Ga FU 100,000' GLA MS MA01" 2, , 01 0816185 0310112025 031011210261 PYLPD,�E�+IL,I r.,Mu ra,u�IMA. _. rvMl u,I LF' .4o iM a,awR p v`*,ok4 'M excl _ r,t, SS Ary AL&aM0V INJURY x 1,000,000 9,5;yFY4 ma ,a,1004VL�Ia�Mi nI'I°gtfr,.!FPI H (IPA RAI AC3GHEGAT11 , 2,000,000 ,FIu,I:; 2,tdl7tb, 11#y FIAJTotOOILL UASILi'tl"k.... _. ."�E rL���+wx� i,F �0Al I m�... .I p �MEri ubt I u i t k4)f,#V fN WIN IV x ,p.,,,.vm,vr Et{ " Y VIM dMPatA ,., ., .......,,....-..wv.,...�....»..................... .... . .� .�,.,...,.........,,......�,,,.�...,, «,.....,, m...... ,...mm.,.,..:.�.,.,..a ..,.....,..�,.�, .,.�.,,,,,W�»w,,, UMBRELLA LIAO i u('.:; R h"AGDl r I�.a L(4iC'ri4; ' EXCESS LIAR CI,NMSM:mF'rN,. kkEl"N Rik IE,NIhF';AN$ _ .,�i i adu p i 1�,.,.�.�.�. �C,F :�..w....-..,, ,.,..�.»..,,��........ RKERSC O MPENSAnON AND rI �RR� �ETuDfV °NEF .IE-CU,IIVL Y uI N Hyp CIA 46-5'9579241.12 03/01/2025 03/01/2026 I o-A(AF �I,.dr,PA $ 1,00 ,tI00 PM,Mmpdatorr In ENI#i SM., „YlasEA S L L A k M L.Y F.f.. .a 0 l 'I YEb aL rut,M G,I luau v . _ 1,000,0010 I Icy[JMIE_wt,.� ......... .. o� r DESGRITTION OF 01'1 ERATI,ONS A LOC,A'nO N A VEHICLES,{ACORD 101,AardKConal Remarks Sche9dwa,imav tm analefted It nNwe apace is rMCAuukedu State License#C6C-1259 1 Not subject to cancellation, nonrene lal„ material Change or redlLlction In coverage unless a rninlnium of thirty ( ) days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION IWICBC0IU1 SHOULD G ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE Monroe CC1Ldn card If CC)LUn't THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROV'SIONS, Commissioners 500 W'Whilthead St A'U't M�'.DRtl p...E"rSREF"RE SEIW CAT0.W£ Key"West,FL 33040 Rebecca Horan -CORD 25(2016/03) lD 1988-2015 AGORD CORPORATION. AIII rights reserved. The ACORD name and logo are registered marks of ACORD 5117 ACC>R CERTIFICATE OF LIABILITY INSURANCE NCE DATE(MMIOWY I Y I Y I YI tli�" 4r12t2,024 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 THIS. COVERAGE AFFORDED BY THE POLICIES BELLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS11TUTE A C014TRACT BETWEEN THE ISSUING IINSURER(S)l, AUTHORIZED, REPRESENTATIVE OR PRODUCER„AND THE CERTIFICATE HOLDER. NMPt RTAINT: Nf the certift+atB hotdBr is sn ACNCNtlTICINAL INSUREN�,the poifcyT(ies)must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IIS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conhar rights to the certificate holder In Ileuu of such andorsemen s, PMaooUCFR CONTACT e West Insurance 31 2 Northslde Drive, Unit 01A 9 ww�,F NI 3 5-294-1 6 - . RA� sx�T, Cb �2 4- 1'6 Key West Fl_3 040 P 4uMI�Fl INSUNtF IFalwutu pN c rru r�aou: NAIL A .. 100 0,004s0 INSURER A, Tr0eder CeSI a Iky insurance tau tpany�f America 1 INSURED ... .. . ... _. _ ....... SEATE04-dl2 NalIE'IdRER B: ... Sea Tech of the FI Keyrs„ Inc PO Box 420529 crosuuuEBc: Summliarland Key Fl...33042 INSURER Ma; IausudreEMu E°: INSURER COVERAGES CERTIFICATE NUMBER:197925'4316 REVISION NUMIIBIER. THUS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVF SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. Nr1TVwtTHSTANO$NG ANY REQUIREMENT, TERM OR CONIDITTQN OF ANY CONTRACT OR OTHER LTMTC'UMEN'T VWMTH RESPECT TO "V041CH TiHta CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE' INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT'TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIOES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS, _ ---- sW q IMNC LEDD�W, ...,'f9 IW A4�LR. .�....T E ofwlsulaAMACE J� �I� "a 1 r N uue rIr. LIIMITS COMMERCIAL CEMIERALLABILITY EACH OCCURRENCE g, CVrVlWl"-tlaMAL'AE OCCUR __ _..... �._.ERSQNAL,&ACV tlN,rURY _S GF"tlI°I A�r GREGA'rF UWT APPOES PFR� I NEf+AM ACramF ARE' �' POLICY Plrlo- L..-_,..I dECT :LOC ' o-.nRODUCTS,M,'„OM PICIPAGG a A AUTO ILELIARILITY "Y Y BA81-4rf3ST'4 3/1120,24 13P112C25 °' LV C tllo0Tl .lAaQ ANY ANTI I„ArrIIN 90EALY VNJWRY jpor nefsonI S `C En SCHr0W,EL'7 a ; TAI Y IN.9Ipm'M NEAo SW Id" a_. AUTO ONLY AUTOS t UMgtlBREWAUAR OCCUR EACH OCCURRENCE L� E XI;ES15 LIAR CLAIMS MADE ACCREnh1•IE -_ ,S-- _.. �.m� I"iM-.T,k I'AN��"61EIIWtl"r4"kAPS _ ... ... .,..M...... �..e--._.. tiP,Y'irARKEM'0!4 CfdMApENBATNd � '7-.-...._....m...�..............� AND EMMPLC.d1'C.EIBLdAM31Ll'P'W Yllw I TAry ...l.,.r^" �(Mandatory iEMIIfIEr�;XL.N.dC1L?7k=.0 LN7IWdr' ( E L. EN�.C'I"N AAd-CIr,ENT .„tl 5 .. 04-FICFRIMr I'W NIA ,.. „.. I'll, pAa ato in NIwI � �.,E L DISEASE EA EMXPLO EEC E 1 �l ea,deAumbo v nor „_ _.... ..„ .... „r4:NRl{'9" 1LIL-0 11p" ON dAl ..«..�_....,'„�......... I E L CI"S'r.ASF F' IC"t LuIL4NT S' � I DESCRIUPTIiONYOF OPERA fT'I1;NS I L.O ATTWN,B I VEHICLES 4ACORe 101 Arddllildona4 Rernar*a SclwedulA,rpAV ba aftrit rdi It more Space Ma re qulmd'I.�._ �.��'..�..�..�,. II Project 24502-Gato BUINding OJMG Expansion Monroe County BCCC,Its emp dyers and officials are iWed as additMonal insured In regard In Auto policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DFSCnIIBEO POLICIES BE CANCELLER,BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL Be DELIVERED IN Monroe CEILN" 80CC ACCORDANCE WITH THE POLICY PROVISIONS.. 500 VVhRehead SI. UnyWest FL ited Stats33C4C �RIZED REPRESENTATWE 1988-,20I15 ACORNS CORPORATION, All rights reserved. ACORIT 25(2016103) The ACCIRD name and logo are registered marks of ACORNS 5118 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer narned above The following deductibles apply to the corresponding policy. POLICY DEDUCTNBLES General Liability $5000.00 Workers Compensation $0.010 Liability policies are V Occurrence Claims Made Keys Anchor Insurance Agency Insurance Agency Sign tore INSURANCE REQUIREMENTS AND FORMS Page 43 of 53 5119 MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENT'S It is reCjL,1e'.Aed that the insurance reqLdrements, as sl,,)eciried in the County's SchedUle of Insurance Requirements, be waived or nioclifiied on the following contract. Contractor/Vendor: ................ ............ Prc)ject or Service: --------------- Contractor/Venclear Address & Phone -4, -------- ............... General Scope of Work: ——--------------- .......................... ........... ---------------------- Reason for Waiver car Modification: .................... Policies Waiver or Modification will apply to: —-----------------—------------------ ............ .......... ................. Signature of'Contractor/Vendor: .......................... —------- Approve(] .....Not ikpproved Risk Management Signature: Date; ................................ ....... C0 U r ity Ad n i i n i s t ra to r appea I Approved: Not Approve& ............... Date., Board 01-COL111tV Conirnissioners appeal: Approve I ..........I Not Approved: Meeting Date: ----------- Page 32 of 33 5120 .... .. STATE OF FLORIDA dbpr DEPARTMENT OF BUSINESS AND, PROFESSIONAL REGULATION CONSTRUCT S RT ,�r+�, ., � ,EN SING BOARD .�s d THE B U .DI IG C, � � DIED UNDER THE IRR VI 111, �A,J UTE 9 , wit, 17 LIE 1 E RATION DATE: AUGUST 31,2026 Always verify licenses online at MyRoridaLic ns .co ■ ri"Am ISSUED:08/26/02 r Do not alter this document in any form. This is'your license. It is unlawful for anyone other than the licensee tO Use this document, 5121 2024 / 2025 MONROE COUNTY BUSINESS, TAX RECEIPT EXPIRES SEPT'EM�BER 3,0, 20,25 RECE'lP14 30140-23837 Business Name: SEA TECH OF THE FLORIDA KEYS INC 1.31 PALOMINO HORSE TRL Owner Name; ROBIN SZMANSKY Busmess Locatiom BIG PINE KEY, FL 330,43 Vlaihng Address: P01 BOX 420529 Business Phone: 305-872-0888 SUMMERLAIN11 42 sin) KEY, FL 330 , Buess Typo: CONTRACTOR (CERTIFIED 8WILDING) Ernpk)yees' 1.5 STATE LICENISE� CBC12593.3.1 Tax Amount Transfer Fee, Sub-Total Penalty Prior Years CoUectbn Cost 7ota Pa�d 35 00 0.00 �00 ��C�0 0� 000 (,),00 Paid WRB-23-00095220 09/ 13/20 2 4 35 .00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS, IS ONLY A TAX, WHEN VALIDATED PO Box 112,9, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/O�R MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: SEA TECH OF THE FLORIDA KEYS INC RECEIPr#- 30140-23837' 131 PALOMINO HORSE 'rRL, Business Location: BIG PINE KEY, FL 33043 Owner Narne: ROBIN SZMANSK'Y Mailing Address: &6iness Phone: 305-872-0888 PO BOX 420529 Business Type CONTRACTOR(CER,TIFIED BUILDING) SUMMERLAND IKEY, FL 33042 Eniployees 15 STATE LICENSE,,, CBC125933I Penalty Collecbon Cost Tota� Paid Tax Arviount I Trainisfer Fee S-ub-`TotaV 35,00 0,091 35,00 0,00.[ 0,00 pm 35-00 Paid WRB-23-00095220 09,/13/2024 35 . 00 5122 TTAC H I E I M,, Quote from Pedro Fallon Contractors Inc. 5123 1160 Avenue Cl, IBig Prue Key L 330,4 516 F"I INCe, EC 1.3003416 / CGC 1507617 wnwww ,PedroFaP co nxo Response Monroe County Board County Commissioners o Blig Pline Community Park Installation o o metal doers and es May 22, 2025 5124 PROPOSAL FORM PROPOSAU, 'TO: Monroe County Facilities Maintenance 123 Overseas ilighway Rockland Key, Florida 33041) PROPOSAL FROM: Pedro Falcon Contractors, Inc. ­�i—166Ave C Bird P,ine Kev, FL 330�43 I'lle undersigned. having carefully examined the Work and reference Draw,ings. Spec i fi cat ions, Proposal, and .,\ddenda thereto and other C"ontract Documents fior the constrLlCti011 Of� Installation of 2 Metal Restroom Doors, and Frames at Big Pine Community Park and having carefully examined the site VVIleretbe \Vork is to be perl'brived, having becorne farnihar with all k)cal conditions including labor affecting the cost thereof, and having familiarized hiniself with material availability, Federal, State, and Local laws, ordinances, miles and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equiprnent, transportation services, and all incidentals necessary to perfiorm and cornplete said Work and work incidental hereto, in as workman-like manner, in conformance with said Drawings. Spec ifications, and other Contract E)ocurnents including Addenda issued theret(:n. 'The Uudersigficd further certifies that he/she has personally inspected the actual location of where the Work is to be perfonned.,t(:,)gether with the local SOUrces CA'SUpply and that he/she Understands the conditions Under which tile Work is to be perl'ortned, The proposer shall asSUnle the risk of any and all costs and delays arising fi,oni the existence of any subsurface or other latent physical condition which could be reasonably anticipated by refcrence to &CUrnentary information provided and made available,, and fron'l inspection and examination ofthe site. fhe Undersigned agrees to comnlence perl'orniance of this Protect within "Fen (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order,"I'ask Order. Once comnienced, Undersigned shall diligently continue performance until completion of the Pro i ject.. The undersigned shall accomplish [,'i n a I ("ornpletion ofthe l"roliect within Thirty (30) clays, thereafter. [lage 17 of'33 5125 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the tNNo, the Proposal in words shall, control. Nineteen thousand three hundred seventy-three Dollars, .......... ...... ......................... Fotal Base Proposal- words) 19373.00 Dollars. (, l'otal, Base Proposal nL1111hers) Proposaq is good for one hUndred twenty (120) calendar days front subrnnual date, 51'22/25 I ackno Oedge Alternates as ft)llo\ks.- N/A I acknowledge receipt of Addenda No.(s) or None No. Dated None No. Dated Rage 18 of 33 5126 In addiiion, Pr-OPOSer- statkrs that lv/shc leas provided or will provide the ('ounty, ajono %, ith this Proposal, a ct�rtified copy of Contractor's �r�r� iMonroe County BusinessTax Receipt, anCeI1141CWC, Of'I�ISLiranceshm�in tire, mirrim irISUran cc requirements For thk prqject. Execution by the Contractor must be by a person with authority to bind the enfiq% By sk-mingy this,agreement. belo,",,the Coninictor has read and accepts the tems and corrditions set: Forth b� the Monroe County Generai Requirements f'or Cori struction found at the link on tire Monroe Comm N,N,eb page: hqg:,//f1-rnq )e gun!)LcivicpIusqj,.,L Si&as x?(.,,adQ=-J8; AND I - arL-,g— ----_- accQj)(s all of the terms and conditions and all Fedeira required contract provisiom, herein, IN WITNESS WirrIERF'OF, the parties have cmlir!d this Agreement to be executed by their &Aly authorized rerrcsentati�es, as follows: Contractor: Pedro Falcon Contractors, Inc�, Mading Address.- 3,1160 Ave C Big Pine Key, Florida 33043 Phone Nmrjber. 305-872-2200 1"',1.N 59-25i023] ----------- [JmO: q�@,eed to fa I co n corr [-)ate� 0522,25 Signed: Christian Brisson as President Name Title, Contractor's Witness signature., Wimessname: BrennaBrockway Date: 5.22.25 ................... ................... 'Irlhe County accepts the above proposal: MON ROE Co (1 N I Y, 11 l-,() ,I[)A By: County Adin inistrator or Desrgriee MONFAXE COUNTY ArTOMINEY's OFME APPMWED ASTO FORM Page 19 of 33 DA-M j-DJ-1_Jt"73 5127 NON-Co LLUSiION AFFIDAVIT 1, Christian Brisson of the city of Big Pine Key according: to law on my oath, and under penalty of perjury, depose and say that: 1 1 am President of the firm of Pedro, Falcon Contractors, Inc,, the proposer make ng the Proposal for the project described in the notice for calling for proposals for: instailliation of 2 Metal Restroorn Doors and Frames at lei q Pine Community Park and that I executed the said proposal wiith full authority to do so-, 2 The prices in this proposal have been arrived at independently withiolut collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor„ and 3, Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be: disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor„ and 4, No attempt has been made or will be made by the proposer to induce any other person, partnership or, corporation to submit, or not to suibmit, a proposal for the purpose, of restricting competition-, and 5i The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Ir 414 05.22,25 (Signature—of Proposer) (Date) STATE OF: Florida COUNTY OF:. Monroe Subscribed and sworn to (or affirmed!) before me, by means of 2 physical presence or C online notari abon, on _22nd da,y of May 2025 (date) by Chrustian frisson (name of aiffiant),, He/'She �s personally known to me or has produced (type of ident�iification) as identification, uaNMp HH 6�63881 COMM Apr,28,2029 My commission expires: Ex0n — ,�.,l (SEAL) I'lage 20, of 33 5128 LOBBYING AND CONFLICT CIF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHiCS CLAUSE Pedro Falcon Contractors, Inic, (Company) warrants, that he/shelit has not employed, retained or otherwise had act on his/her/ its behalf any 'former County officer oir employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3, of Ordinance No. 010-1990, For breach or violation of this provision the GOUnity may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee!", (Signature) Date: 051.22-25 STATE OF, Florida COUNTY OF, Monroe Subscribed and sworn to (or affirmed) before, me, by means of 2:physical presence or Cl oniiin,e notari�zation, oni, 22nd day of..May 1 20 25 (date) by .-Christian Briss,on (name of affiant), He/She is persoinally known to me or has produced as identification. (Type of identification) NOTARY PUBLIC My commission expires (SEAL) * Brenna M Brockway Comm.:HH 66�3881 anp res:Apr.28,2!0,29 Notary Pubic-State of Podda Page 21 of,33 5129 DRUG-FREE WORKPLACE FORM Fhe undersioned vendor in accordance with Horitha Statute, Sec. 287.087 hereby certifies that� Pedro Falcon Contractors, Inc, (\arne of BUsiness) I a Pulflishes a statement noffNl in empo� Qes that the Urfla%)%fLfl manufacture, distHbG ,tfion, I diSiMl Sin g, possession, or use ofa contr,�died substance is priohii,-)ited urt the workplace and ,PeciN i n the action", that. %viH be taken against emp wees for %iolations such prohibitiOrl, I 1111-brITIS,en'iployees abOUt the dangers oNrug abuse in the woirkp ace,the bUsinesss pohcy c&rnaintaining a dru�gr,-Creie workplace, any available drug eounseNng, rehabilitation, andl employee assistanec, prolgrams, and the penalties that may be imposed upon emplovees fior (IrMy abuse violations, 3. Gives each employee engaged in providing the commocllLics or contractual servicies that are under propc)sal a copy ol'the staternent speci red in subsec6on (I), 4. In the Statement specified ill SUbsection (I), notifies the employees that, as a condkiCHI of' working on the commodities or contractual services that are under proposaN, the empioyee will abilde by the terms ofthe statement and wdi noffy the empiover of any cionv�ction of, or pllea Of goodly' or nolo contendere to, any vMatiori orChapter 893 (Florida Statutes) cw i:)f an, controlled substance law of the I Inited States or any state, f(,.ir a violation occurnno in the, workplace no later tI)an five (5) days after-SLICII Conviction, 5. Imposes a sanctilon on or requires the satisfactory participation in a drug abUSe assistance or rehabditation 1-,m:,�gran-i if' suuch is available hi tile QOMRIAIIIity, p'or any ernplovee who is sc:'u corlOcted, 6. NIakes a good faith effort to cominue to nniiintain a drug-free workp ace throulgh irnp ernentation ofthk section. As the person authorized to sign the statement, I certify that this Firm e(Miplies fully with the above requirements. Proposcr's Signature 05,22,25 Date STATE OF- Florida COU�NTY OF, Subscribed and sworn to (or aft"u-nied) bef'ore me, by means of 2 phiys"ucaf presence or FI ordifle notariza6on, on 25 (datie) by Issc)j, (name ofaFfiant). He/She is Lxrsanally known to me or has produced ................... (typ ofidentificaltiop) as idcntifijCatju)jrj. NOTAJ�,Y F`U -K (SLIAL) My Co�nmission Exph-ies: AMA, BMMM M Brockway Page 22 ol�'33 COMM:RH 663881 EY#Ms:Apr.28,2029 'i Notay Pubgc-State of Honda 5130 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list fol'lowing a conviction for public entity crime may not submit a bid, proposai, oir reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a publilic building or public work, may not submit bids on leases, of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in, excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list."" i have read the above and state that neither Pedro Falcon Contractors, Inc, (Proposer's name) nor any Affiliate has been placed_pDJhe-e*myicted1 vendor list within the last thirty-six (36) months, Nig nature) Date,, 05,22,25 STATE OF: Florida COUNTY' OiP.- Monlrole Subscribed and sworn to (oir affirmed) before me, by meains of Z physical presence of, 0 online niotarizatilon, on the nd day ofMay _,, 20 25_, by hristiian Frisson (name of affiant). He/She is perso nally known to me or has produced (type of identification) as identification My Commission Expires° April 28, 2029 "W4f'yo* mm NOTARY PUBLICV 6 of"Im M Broc&ay "I comm:W 6M81 (SEAL) Expires:Apr,28,2o29 Notary,Public-fte Of FforvrrWW Page 23 of 33 5131 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s), E ig Pine Community Park Bathroom Renovation Respondent Vendor Name Vendor FEIN -25,50231' Vendor's Authorized Representative Name and Titie� Chrisban Brisson, President Address: 31160 AygnWe Q City: Big Pine Ke�y - State, FL zic 330143 Phone Nurrber-3D5:872-2200 Email Address a @pedrofa1cQn-rgM_ Sect+oin 237,135, Florida Statutes praNblts a company frorn biftng on, submitting a proposal for, or entering unto or renewing a contract for goods or services of any amount if, at the time of contraicting or renewal,the company is on the Scrutinized Compainies,that Boycott Israeli List, created pursuant to Section 215,4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287,135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for good or services of $11,000,0010 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrufindzed Companies with Activities in the Iran Terrorism Sectors gists which were created pursivart to Section 215.473, Florida Statutes, or is engaged 0 business operations in Cuiba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company ldlenbfied above in the Section entitled 'Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel and for Projects of$1 1,000,000 or more is not listed on either the Scrutinized Companies wrath Activities in Sudan Ust,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria I Understand that pursuant to Section 287 135, Florida Statutes, the submission of a faise certification may subject the company to civil penaVties, attorney's fees, aridlor costs I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false cerWication or has been placed on the Scrutiniized Companies that Boycott Israel List or engaged in a boycott of Israel or engaged in a boycott of lsraet or placed on the Scrutinized Companies with,Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sector List or been engaged in business operations in Cuba or Syria Vendor has reviewed Section 287,1: , Florida Statutes, and in accordance with such provision of Ronde law, is eligible to bid on, submit a proposat for, or enter into or renew a contract with IMcnroe County for goods or services. Certified By: Christian Brisson -------------- who is authorized to sign on behalf of the above referenced comp Authorized Signature: Print Name: Christian Brisson Title!-2LQ1Lgent Note, The Ust are available at,the following Department of Management Services Site: rchawnctveirrdor infornnationicoinvict, L.99—$USP- 22 l �d iAc Page 24 ol'33 5132 AFFIDAVIT ATTES PINGS FO NONC"CIrERC IVE CONDUCT D UC T FOR LABOR CAR SERVICES f.,ntitav°' cn le:rr Name, Pe do l•ale rwn l'""ontraactors Inc. Vendor's AL horized f�epreserataativ,I�,� Christian Brisson, President _°°°..°._.......a°......W.. " aarauur anud .l..it.le) Auldress: 3 l 1 it'd Avenue C City: u>g...11lrine �y _ n., State: �..:.wL Zip: 33043 ..... Phone ' ur b,er 30-5 72 2 2u) E;unail Address: �lrul�t�r�.�tatn As a non-governrnental entity executing, renewing, or extending a cemiract with a oveniment entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does rtevt use coercion for labor or services iin accordance with Section 787.016, F"loH da Staututes As ewdet'ineud in Subsection 7 7,0 (2)(a), coercion rneaans; d, Using or threatening to use phwsical force against any person-, I restraining isolating,,,, or confining or, threatinf to restraaiva„ iseaalate, or confiner any person without ltavvfurl authority and against her or his will„ Using lending or other credit methods to establish ra debt by any person when labor or services are pledged as a secuurity fi:rr the debt, ifffie value Of the labor or services as reasonably aasses,sed is not applied toward the liquidation of"the debt, the length aril nature of'the labor or service are not, respectively limited and define d; 4, Destroying, ce;+iceaGin , renrovin , cv nfliscatiin , withhc.'rldin , ear pos essingany actual or purpor ed passport, visa, or Bather in°u nigration clracranrent, or any other aacteral or purpvartecd government identifiicaticm document, of any person- 5. Cw'aauusir°ag or threatening to cause financial harraa to any person 6. d:nticing or luring any person by Fraud or deceit; or 7.. Providing a controlled substance as Outlined in SchedUle 1 Or SChedule 11 of Section 893,03 to any person for the purpose of e ploitation ofthat person. As a person. authorized to sign on, behalf of' nadc:ar, d certify under penalties o.afpeujury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally,'Vendor has reviewed Section 787.06, F co rida Statutes, arid agrees to abide by saarne. Ceu~tif ed by: Christian Llrosse°uca' _ _ Who is authorized to sign Batt hel"nw°alf°cu4` � need currupautay. . Authorized S' ignature: print Name: Christian Brissrura -- Title: Pre°sicdent, Page 25 of 3; 5133 LOCAL PREFERENCE FORM A Vendors claiming a loca4 preference according to Ordinance 023-2009, as, amended by Cirdinance No, 004-2015 and 025-2015, must compkete this form, Name o:f&dder/Respondeir Pedro Falcon Contractor's, Inc. Date May 22, 2025 1 Does the vendor have a vand! receipt for the business tax paid to the Monroe County Tax Co1 lector dated at least one(1);year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from wNch the vendor operates or performs business on, a day-to-day basis that is a substant4l component of the goods or services being offered to Monroe County? (The physiaal business address must be registered as its principal pVace of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) Dist Address IJ506ygoWg Q alg Pine Key. FL33043 Telephone Number: 305-8Z2_-=Q S. Does the vendorlprime contractor intend to subcontract 50% or more of the goods, services or construcb1on,to local businesses,meeting the criteria above as to licensingi andl location? If yes, please provide'1 Copy of Receipt of the business tax paid to the Monroe,County Tax Collector by the subcontractor dated at least one (1)year prior to the notice or request for bid or proposal. 2 Subcontractor's physical business address witKn Monroe County from which the subcontractor operates, (The physical business address must be registered as its principal piece of business with the Florida Department of State for at least one(11:) year prior to the notice of request for buds or proposals) Telephone Number 305-872-2200 Address 31150 Avenue C.8i2,Pine Key, FL 33043 Print Name,—Chnstian Brisson &giriatiure and Title of Authorized Su ,atory for Bidder/Responder,.-�_.11 resident STATE OF. Florida COUNTY OF Monroe Subscribed and sworn to(or affirmed)before me, by rneans of k' physical presence or L.]online notarization, on 22nd day of May 2025 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as ildentification, NOTARY PUBLIC (SEAL) My commission expires, A�,�M28 �2029 004.40, .0 B,renna M BrockwaY 0 Comm.:HH 663881 !,g Expilirm Apr,28,2029 Notary Puiblic-State of 90da Page 26 of'33 5134 INSURANCE REQUIREMENTS AND FORNIS MONROE COUNTY, FLORIDA RISK MANAGEMENT II)OLICY AND PROCEDU RES Gencrall Insurance Requirements For Other Contractors, Subcontractors and Professional Services As as pre-requisite of the work and services govenied, or the goods SUpplied under this contract Oncluding the pre-staging of personnel and material), the Contractor sharp obtain, at his/her own expense. insurance a,, specified in any attached schedides, which are made part ofthis contract. 'I'lie Contractor will ensure that (lie inSUrMice obtained will extend protection tug call Subcontract ors engaged by the C(..)ntraclor. Altcrnativcly, the Contractor may, require, all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor vvill riot be permitted to commence work governed by this contract Oncluding pre- staging of personnel and material) Until: SatiSf4CtOrY evidence of the required ilISLINInce has been Furnished to the County as specified below. I telays in the corn mericem c tit of work, resulting front the failure of the Contractor to provide satisfacton� evidence of the required insurance. shall not extend deadlines specified in this contract and any penalties and 1,111ilUre to perform assessments shall be imposed as if the vvork, commenced on the specified date and tinic, except for the Contractor's failitre to provide satisfactory evidence, The (Iontractor shall maintain the required insLu-MICC thrOUghout the entire term of this contract and any extensions specified in the attached schech.des. F'aHure to comply "Gith this provision may result in the immediate SUSPellSi011 Of a11 work Until the required insurance has been reinstated or replaced. Delays in tile COrnpletiOn ofwork reSLIttillg From the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in 0,6s contract and any penalties and failure to perforili assessments shall be imposed as if the work had not been suspencled,,except f6r the(11 ontractor's fiiihlre to maintain the required insurance. Fhe Contractor will be held responsible I'or all deductibles and self-insured retentions that may be contained in the Contractors Insurance policies, The Contractor shall provide, to the County, as satisfactory evidence ofthe required insurance,either •Certificate ofinstiratice or • A Certified copy ofthe actual insurance policy, The County. at its sole option, has,the right to request ,.i certified cop ofarly or all IiIISM1111CC P01161CS reClUlred by this contract. All insurance policies must sficcify, that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a mininirim of thirty (30)days prior ti(>tificatjorl is given to tile C lounty by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as rclieving the Contractor from any liability or obligation aSSUrned Under thns contract or imipc)sed by, law. Fire Monroe CCUnt roners, t is employc les and (�)fficials, at 1100 ) y Board Of ( C)LIM) COFMIissi Simonton Street, Key West, Florida 33040,, vvil�l be included as -Additional Imswred" on all policies, except for Workers' Ccmiperisation. Page 27 ot'33 5135 Any deviations From these General Insurance Requirements must be reClUested in writing on the County prepared form entitled -Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Deputment. Page 28 of 33 5136 PROP(.)SER'S INSURAN(T AND 11' D1.;MNlF`lCAT1(')N STAITMENT INSI.JRANCEREQUIREMENTS Workers Co ni Pell sat ion Statutory Limits E.Inployers Liability $100,0005500,0001100,000 Bodily Injury by ,,N� ccident/llodily Injury by Disease, policy linlits/Bodily lnjury by Disease each employee General Liability $200,000 per Person $300,000 per OCCUITence $200,000 Property Damage 01' $300,000 Combined Single I-Jrnit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Datnage or S300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not ReqUired The Monroe COUnty Board Of County Commissioners, its employees and of1icials, 1100 Simonton Street, Key West, Florida 33040, shall be narned as Certificate I-Iolder and Additional InSUred oil General Liability and Vehicle policies, INDEMNIFICATION, HOLD HARMLESS,AND DEFENSE. Notwithstanding any MillillIUM insurance requirements prescribed elsewhere in this agreement,Contractor shall defend, indemnify arid hold the County and the COUTIty's elected arid appointed officers arid employees harmless from and against (i) any clairns. actions or causes of' action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type Of injury (including death), loss,datriage, fine, penalty or bUSitleSS, interruption,and (iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason or, or in connection with, (A) any activity or Contractor or any of its, employees, agents, contractor's or other invitees during the term ofthi s Agreernent, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractor's or other invitees, or ((,,) Contractor's default in respect ofany of the obligations that it Undertakes under the terms of"this; Agreement, except to the extent the claims, actions, causes of action. litigation, proceedings,, costs or experises arise frorn the intentional or sole negligent acts or omissions of the County or any of its ernployees, agents, contractors or invitees (other than ("ontractor), The monetary limitation of liability Under tfiis contract shall be equal to the dollar value of"the contract and not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. I"lie limits of liability shall be as set forth in the Page 29 of"33 5137 insurance requirements included in lea nagraph 3,0, herein, Insofar as the c1aiins, actions, causes ot'action, litigation, proccedkigs, costs or expenses relate it) events or circurnstances that OCCUr dlrjrin� the term of this A fll survive the expira6on ol' the term of' this greernent, this section w Algreement or any earliier termination of this Agreement. In the event that the coniple6on of the pro ect (to inOude the work of whers is delayed or suspended as a result ofthe Contractor's failure to purchase or mairitairii the required insurance, the ''ontractor shall indemnit the County from any and all increased expenses resulting frDM Such delaIN- Should an,, claims be asserted against the C ourny day. virtue of any deficiency or ainbiguity in the plans and specifications provided by the C )mraCtor,the Contractor agrees and warrants that the Contractor .,hall hold the Count , harmless and shall indernnif irr ng �'.v y it from all losses OCCL i thereby and shall further deferld any claim or action oil the COLInty's behalf. The extent of'liabdity is in no way Ili-nited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreernent. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all olf the requirements herein, I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal, Pediro FaAcon Contractor's, Inc, - Christitian Brisson PROPOSER Signature Page 30 of 33 5138 INSURANCE AGENTS STATEMENT 11 have reviewed the above requirements with the proposer named above. The following deductibles appliy to the corresponding poficy, POLICY DEDUCTIBLES General Liability No Deductible Employers Liability No Deductible Automobile Liability Comp/Collision: $1,000 Liability policies, are- X occurrence Claimi:s, Made Bowen Miclette ritt Insurance Agency Insurance Agency aIg in at ire 00" Pagc 31 of 33 5139 +C�"�"RO ER IFICATE Off' LIABILITY IN CE =1E,771 ser��cvyyp THIS CERTIFICATE, IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY CAR 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy„certain poUcles may require an endorsement. A statement on this certificate does not confer right's to the certificate holder in View of such endorsement(s), ' PRODUCER NAMiIcI Michelle Rushiniq Bowen, icllette& Britt of Florida, LLC PHONE � - 67-161 - FAX, ... -163 a85ICI CanCOUrs Parkway a tArC,No ext9 (41;)7) IALc Nt 6407I C2k E-MAIL .. " AA]CYRESS: n1Ia15hI Maifiand INSURER(S)AFFORDINGCOVERAGE NACC0 1�1altllf F� �; 71 INSURER A.Arlrensure M utulal insurance Company 23396 INSURED wE=.Is"a)"�„�',rJ INSURER B James Rover nsuraancae Co t3:604 I Pedro Falcon IFlectricalll Contractors, Inc;.. .... 1160 Avenue C INSURER c Uwg Pine Ivey FL d 4 -4d16 INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1337516243 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 iNDIC;ATEDI N'CTWITHSTANDIING ANY REQUIREMENT, 'TERM OR CC"NCII"ITCN CI ANY CONTRACT OR: OTHER DOCUMENT VPMTH RESPECT 'TO WHiGH THIS CERT4FICATE MAY BE ISSUE[) OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS TONG CONDITIONS OF SUCH PCDLuCIE'S LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR _ A00L Seek POLMY EFr POLICY EXP .. LTR TYPE OF INSURANCE awun�POLICY NUMBER .�U oorryyyl twl �carw�+��, LIMITS 3 K COMMERCIAL GENERAL k.➢ABILITY V '101 w 1182:,3 111212L724 r CW2025 EACH I,C(,,:LIFTREr4CE: Ti'rf"KI I'Y('o _ (;,U,UMSMgAEIE X "XJS:;IJ" PREMISES,(Ejiicwre-x„i IBI)U000 MME)Ea.P(:Any one earls„°irr) 5 5 JUu::t PERSONAL&ADVfNJIJR'Y 51000'00 f3II;.Pdl Ai.s(,,R:(=:GAYE.LIMIT APPLIES PER GENE6'$AL.6>..Erf.REf,5ArE S;F.'.BIyC.,V",7D(7' POLICY' X JL"''T _ L.00t PRODUCIS C,OMP01A("G 52)DU12u7c...... _._. OTHER A AUTOMOBILE LIABILITY y M .,A20929.45'I002 1102Cd24 I9t")°r2025 j'OYwWEMIN D SINGLE[]MIT "T ;E-,a,acclde dl — i AAINY AI,JTf;1 F'4C,k(;D8k,1"i1M„Ir,11PY({'autrrarsb:rrr) ,$ Aa 'rrAavED __.. +rrl EXJI EC''1 aCR17D".'r INJUI r (Per ar„c4ami AUTOS Awl Bs IV)I J; J A.t,r J)Mud�'+9ED U;'P''7PERiY DAMAGE5 trII"w.EDfM�"OS _ rI � tlera",a„iew) 8' UMBRELLA LIAR "A, CICCUR 'Y `P EC' 871',&,2 911 11,'CQ 4 I I 12=2 5 YACH 3<',".'Jl:1Fa REN'dC E 5 5 5110 IC00 X EXCESS LIAR w _. . .... _. wLMIMr,.-ria'fd"" AGGREGATE uI D 007 f2f7m Aj No EMPLOYERS'LIABILITY Y 1'N r:: `oW,'20SM-5 61002' 11A"212024 1 912a 21)25 j( S'Tr f, 41T 4-! "FUIE ER ANY F"7PC.2i'P~xli..1`C)Naf4 APdI"NS aIE xEC;U'TwAP; � N.� N d�I i E I EAG H AV C IDE NT 5'N 000 000 .7F"F'IC."t P'nM E MrihER EXC LUDEI:T," .... (Mandatory in NH) E L DISEASE EA EM PLrOYE i°i ocy)foDo S:xu„.,PI�TEk;R I,J 1Fmf VEATILJId4 rc€uaro S L DISEASE P I,H:'Y LIMIT i 1000,1300 DESCRIPTION Of OPERATIONS d LOCATIONS P VEHICLES (ACORD 101:,Ad dlltuamaal Ftarsrar"Sclhadu Ie rmay be attached 4 more apace ds awqu fired) The folllowIng policy provlsmns and/or endorsements form part of the policies of insurance representeld by thus certificate of insurwrice. The Terms Contained iTL the pohdes and/or endorsenients supersede the represenlations made herein.. Electronic copies of the pr"lucy paravlsions andfor endorsements Ilsted below are available by ermlailinitl: Contaic't Narne shown above, When realulred by written contract,those parties listed In said contract„Including the Certificate HM1alder„are added as additional Insureds vAlh respect to ME General t_tabilit'y including ongoing and completed operations Auto Liability,and Excess Liability as afforded by the policy and/or endorsednerils. When required by writlen contr:arl,waiver of Subrogation is granted wth respect to the General Liabdity,Auto Liability,W"'b)oriaers Compensation, and Excess See Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE,ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Monroe County Board If County CommissionersAUTHORIZED REPRESENTATIVE (L 1988.2014 ACORD CORPORATION, All rights reserved. ACORD 26(2014)01'')' The A COIRD name and logo are registered marks of ACGRD 5140 AGENCY CUSTOMER,ID: PEDROFALCO, AC"RV ADDITIONAL REMARKS SCHEDULE Page 1 of I AGENCY NAMED IIINSURED Bowen M iclette&Britt of Fkx ida, LLC Pedro F alcon EleclricaI Contractors,Inc .. ---------- 31160,Avenue C POUCY NOMBER Big Pme Key FL 33043-4516 CARRIER NAIC CODE EFF...E...G I T 1V E-DA T I E- ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: — 25 FORM TITLE. CERTflCATE OF UABILiTY INSURANi',E ........ ...................... Liability to 1hose parties listed in said,contract, includaig the Certificate Holder T he General Liability cerlified rierem are primary and non-contnbutory to othpr insurancA,avaOable, but onily to the extent required b�y wntren contract Fir GnforniationallBid Purposes Only. ACORD 101 (2008/01) Oc 2008 ACORD CORPORATION. All rigihits reserved. The ACORD name and logo are registered marks of ACORD 5141 Policy#00123482-3 Effective Dates 1112/2'024-1112/2025 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the folbwing: COMMERCiAL GENERAL LIABILITY COVERAGE PART SCHEDULE Narne Of Additional Insured Person(s) Or ter qanizationjs): Location(s) Of Covered Operations Where required by written contract or written agreement. All operations of the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section IT, — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- orgainization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury"" .1 property damage" occurring after: cause,dl, in whole or in part, by: 11• Aill work, including materials, parts or equip- went furnished in connection with such work, 2�. The acts or omissions of those acting on your on the project(other than service, maintenance behalf,,- or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional unsurecl(s) at the location of the the additional insured(s) at the locationi(s) desig- covered operations has been completed:or nated above, 2. That portion of "'your work" out of which the injury or damage arises has been put to its in- tended use by any person or orgaNzation oth- er than another contractor or subcontractor engaged in performiing operations for a princi- pal as a part of the same project. C�G 20 10 07 04 ISO Properties, inc,, 2004 Page 1 of 1 0 5142 Policy#001'23482-3 Effective Dates 11/2/2024-11/212025 COMMERCIAL GENERAL LIABILITY CG 20 37'07'04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance jprovirded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): tions Where required by written contract or written agree- All operations of the Named Insured. ment. Information required to comoete this Schedule, if not shown above, will be shown in the Declarations Section 11 - Who Is An Insured its amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole, or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "prodUCtS- completed operations hazard". ECG 20 37 07'04 @ ISO Properties, Inc., 2004 Page 1 of 1 0 5143 2)11125,1:02 PM Detail by Entity Name u � �rr� a��r�^Urr�nmmmwlrmroiamm ...._...... _.............. ... .._.___ ........ Detail Entity Florida Profit Corporation PEDRO FALCON ELECTRICAL CONTRACTORS INC. FIIIng,lnjgTmaflnn Document Number H58348 FEI/EIN Number 5 -25502311 Fate Piled 05/21/1985 Mate FL Status ACTIVE 31160AVE C BIG PINE KEY, FL 33043 Changed: 01/16/2'004 311 60 AVE C BIG PINE KEY, FL.33043 Changed:0 3111 81 1 9 9 7 R.egitet'!w��1.Ag �n 1Vr. �1+� BRISSON„CHRIS IAN N 31160 AVENUE C BIG PINE KEY, FL 33043 Dame Changed:01/16/2018 Address Changed: 0211,9/1999 t #tcerlDire for Detail Name&Address Title PDS BRISGN,, CHRISTIAN N 31160AVE C BIG PINE KEY, FL 33043 Report Year Filed Date https://search.sunbiz.org/In:quiryi'Corporat on earch/Searc;IhReSLJa tDetaAl"zinc{uir"ytype=EntityName&dire tionType=lnitial&searchNameOrder=P'EC ROFA... 5144 2111125,1 M PM Detail by Entity Name 2'023 01105/20�23 2�024 01/22/2024 2025 01/07/2025 Qgg kamt limp.m. Viewanage ,i,011`fiovnw view irrav, r,.10F tcmnW V ow !�DIF kyrnaii View rnagie n"CiiF f,,)rrnat Q-'r�'2,,L�2�)- !-:::::--.81?�i�lZti,-,L'LEaL f View mage n PDF fiorrnat QI U ER RT View riage r ror)F formw V�ew rnage in Pii F"cirrnal View irr:Ne ir,PC)F format View ii-ndge in PI)F lorrrM V4.aw irnage in PW,",Wrqat VVew irrnx4aa ir POP IOMW View image in POF fonriat view image n Pm, roar w Vuciw imri35,,;Gv in POF format View lrraagaa in PDF fovnaT Oew in PDF forrnM 10 AN N VAIL RE?Q Mew iinage in PDF fornat View mage in Pr.)F format Vieww mage,m Fl[')F forrm4t Oew Dmage n PDF kwirrat VA,w,mage in PT)F for"Mt View(irnage jrr P(�)F-Ct)rfyv,at View orfuii gr,r rll",)F,'fforn,uo Mew irago in PDF furriM QIIQ5122tp AL BEEDBI View rmaarga rr FJDF for r ri at ANNUAL3 L�EQRT, View irnage fil POF forriial 4. wMew rorage in POF fortrat VAw image in PDF format V w imaage in POF forr,%M View irrnaaagmw,nv PDF formes View iriago,in PDF formW View ii it PIN forrna� ............... https:lisearch.sunbiz.org/Inqu�ry9'CorporationSearch/SearchResuVtDetaiI?inquirytype=EnttyName&directdonType=InitiaI&searchNameOrder--PEDROFA.. 5145 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT' EXPIRES SEPTEMBER 30, 2025 RECEIPT# 30140-98,01 Business Name: PEDRO FALCON ELEC,rF(ICAL CONTRACTORS INC C Owner Narre, PFOR.0 FALCON, CHRISTIAN N BRI,SSON EiusJne.si Lo 31 160 AVEcatkan: BFG PINE KFY, FL 33043, Ma(hng Address: QUAq [FIER, POBERT D AU SBROOK 31.150 AVE C BUSiness Ptrcarre 305-872-2200 BIG PINE KEY, FI. 33043 Business Type: CONTRACTOR (GEN ERALYELECTRICAL 3Rr) QUALIFIER s-rAT E LIC Ed''.13D034115) E-rployees 10 --—--------- STA"I"E Lf(-"ENSE-" EC0001491/CGC1507617/ Tay Amount Transfer Fee Sub-Total 4 - 25,00 0,00 75 ....................—- —---- Paid 120-23-0010066 5 0 7/16/2 024 2 5 0 0 THIS BECOMES A TAX RECEIPT Sam: C. Steele, C�FC, Tax Collector, THIS IS ONLY A 'rAX, WHEN VALIDATED P01 Box 1129, Key West, FL 33041 YOU MLJST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING, AND LICENSING REQUIREMENTS, MONROE COUNTY BUSINESS TAX RECEIPT P,O, Box 11291, Key %Mnt, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: f'-IEDRO FALCON ELECTR.ICAL RECEIPT` 30140-9801 CONTRAC70RS TNC 3 1160 AVE C Owner Narne: PEDRO FALCON, CHRJS7M% N ISRISSON Busjnes�s Location: BIG PINE KEY, FL 33043 Marling Address. QUAUFTER, ROBER7 D ALLSBROOK Bus"ness Phone: 305-872-2200 31160, AVE C 'Business Type: CONTRACTOR(GENE'RALIELECrRICAL 3RD BIG PINE KEY, FL 33043 QUAUFtER STATE 11C EC130(334:16) 10 STATE LICENSF EC000I491/CGCI50`/61`// Tax Amount nor Years C­0 j 3 25�O 0.00 0,00 0,00 C.00 2 d Paid 120-23-00006655 07/ 16 /2024 25 . 00 5146 Rorb DeSranfis,Governor I' elaiOe S.t Hffin,Secr(etary STATE OF FLORIDA db'p' r DEPARTMENT OF BUSINESS AND PROFESSIONAL AFL REGULATION CONSTRUCTI I ,m I�EWI N BOARD THE GENERAL C UNDER THE 1 BR l L � �7,,...7 :Z.ot br - PE ANC17 a n EXPIR T IO D A UST 31, 2026 Always verIIty licenses online at My Licensexoni �a ISSUEU 08/13/2024 Do not alter this document in any farm. This is anaN~license. It us a.tr�laaraf��l far anyone other-than licensee -ate ea t n l � V y � the c.ens�e to�asu this document. I 5147 Ron DeSanfiir Governor Mesas e S.G riffin,Secretary 1 db,pIr STATE OF FLORIDA f DEPARTMENT' OF BUSINESS AND, PROFESSIONAL REGULATION TION ELECTRICAL C NSING BOARD THE ELECTRICAL "Jf IED UNDER THE "°lu ry � UINN ii fu / lr r � ly iii �M lY V �y P'"E �p,�^, IW1C 0 { '�u 0 r EXPIRATION DATE: AUGUST 31,202,6 Always verify licenses aaniine at My Horida Lice nse.com o not alter this document in any farm. u114This is ycrtar license. it is unlawful ful for anyone other than the licensee to use this document. 5148