1-RFS Marathon Tax Collector Seawall Stabilization FINAL.pdf

MONROE COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR SERVICES

FOR

OLD MARATHON TAX COLLECTOR

SEAWALL STABILIZATION

NON-MANDATORY/ Pre-bid Job Walk for the Old Marathon Tax Collector Seawall Stabilization at 3103 Overseas Highway, Marathon, FL 33050 on Thursday, June 25, 2026 at 10:00 am.

BOARD OF COUNTY COMMISSIONERS

Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4

Craig Cates, District 1 James K. Scholl, District 3

Holly Merrill Raschein, District 5

COUNTY ADMINISTRATOR

Christine Hurley

Clerk of the Circuit Court Facilities Management Director

Kevin Madok William DeSantis

June 2026

PREPARED BY:

Monroe County Department of Facilities Management

1100 Simonton Street, 2-216

Key West, FL 33040

Date: June 15, 2026

Scope of Work: The scope of work for this project is to construct canal stabilization and erosion control adjacent to an existing seawall. The work includes but is not limited to clearing and grubbing of unsuitable materials, minor relocation of existing rock and riprap, furnishing and installing of new rip rap, grout installment to stabilize sidewalks, and minor fencing, as described in the provided engineering plans.

Job Name: Old Marathon Tax Collector Building Seawall Stabilization

Job Location: 3103 Overseas Highway Marathon, Florida 33050

Contact: Steven Sanders

Sanders-Steven@monroecounty-fl.gov

(305) 295-4338

Willie DeSantis desantis-william@monroecounty-fl.gov

NOTICE OF REQUEST FOR SERVICES

NOTICE IS HEREBY GIVEN that Wednesday, July 15, 2026, at 3:00 P.M. is the deadline for Monroe County Department of Facilities Management to receive quotes for the following:

Old Marathon Tax Collector Building Seawall Stabilization Monroe County, Florida

Requirements for submission may be found on the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids.

The Public Record is available upon request.

Monroe County Department of Facilities Management receives quotes via the Bonfire electronic bidding platform. Please do not e m a i l , mail, or attempt to deliver in person any quotes. Emailed/mailed/physically delivered quotes/proposals/responses WILL NOT be accepted.

The Monroe County Department of Facilities Management hereby directs that quotes be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than Wednesday, July 15, 2026, at 3:00 P.M. There is no cost to the respondent to use the Bonfire platform.

PROJECT OVERVIEW

PROJECT INTENT AND SCOPE

GENERAL REQUIREMENTS

1. Project Overview

a. A job walk is scheduled for Thursday, June 25, 2026, at 10:00 A.M. at the job location. All Quotes are due by Wednesday, July 15, 2026, 3:00 P.M.

via the Bonfire electronic bidding platform. All Quotes must state they will be good for ninety (90) calendar days from submittal due date.

2. Project Intent and Scope

The project intent is to provide stabilization and erosion control at two (2) locations along the seawall behind the Old Marathon Tax Collector Building.

The scope of work includes but is not limited to installation of silt fences and turbidity barriers, demolition work including removal of vegetation and organic material, relocation of existing rock, installation of flowable fill grout under existing sidewalks, and installation of new rip rap as described in the attached engineered drawings.

The Contractor shall be aware that this project is related to the Hurricane Irma mitigation effort and is federally funded. The Contractor must abide by all federal rules and provisions referenced herein.

3. Summary of General Requirements

a. The Contractor shall review attached construction drawings by CPH

Consulting, LLC titled “Monroe County Tax Collector Seawall Erosion Control” dated 3/12/2026. Pages C-0, C-1, C-2, C-3, C-4, and C-5 (6 pages total).

b. The Contractor is required to provide protection for all existing surfaces.

This shall include, but is not limited to:

i. Vehicles and Personal Property

ii. Trees and Landscape

iii. Parking lot and sidewalks.

iv. Existing Seawall.

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 provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris.

e. The Contractor shall load, haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket, the Contractor must also provide the name of the Deposit site, the ID Number of deposit site, and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s) of the fill material utilized. The Contractor must also note if the fill was maintained from a commercial source, regularly maintained stockpile, or borrowed pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug up. If the area is a circle, then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, disclose whether there was any vegetation removal and how it was placed back.

f. The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers.

g. The Contractor shall furnish all required work site safety equipment.

h. The Contractor shall furnish and maintain on-site Safety Data Sheets (“SDS”) for all materials used in the construction.

i. The Construction work times shall be limited to: 8:00 A.M. to 5:00 P.M.

Monday-Friday.

j. All materials shall be approved by submittal prior to commencement of work.

k. The Contractor shall provide a lump sum price by Wednesday, July 15, 2026, at 3:00 P.M. via Bonfire electronic bidding platform as noted herein.

l. The Contractor needs to be aware of weather and location and plan accordingly.

m. The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly.

n. The Contractor shall provide a safety lift plan for all crane/hoist work.

o. The Contractor shall provide schedule for all phases of the project.

p. The Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper functioning and maintenance of the equipment.

q. The Contractor shall coordinate all activities with concurrent site work being performed.

r. 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 web page:

http://fl-monroecounty.civicplus.com/Bids.aspx?CatID=18

s. 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 $500,000 Combined Single Limit

Business Vehicle $200,000 per Person

$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 shall be named as Additional Insured on General Liability and Vehicle policies.

t. The Contractor shall be required to secure and pay for all permits required to perform the work.

u. The Contractor is required to have all current licenses necessary to perform the work.

v. 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 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. 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.

FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract.

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 State of Florida and the County’s sovereign immunity.

w. 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.

x. EMPLOYMENT OR RETENTION OF CURRENT OR 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.

y. 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.

z. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with the requirements of Section 287.087, Florida Statutes, as follows:

i. 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.

ii. 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.

iii. It will give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection (i).

iv. In the statement specified in Subsection (i), 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 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.

v. 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.

vi. It will make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

ADDITIONAL CONTRACT PROVISIONS

I. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.

The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.

6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.

During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 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:

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 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.

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 race, color, religion, sex, sexual orientation, gender identity, or national 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 said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E) 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.

G) 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.

H) 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.

I) The Contractor will include the portion of the sentence immediately preceding Subparagraph (A) and the provisions of Subparagraphs (A) through (I) 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.

Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR

Part 22, and herein incorporated by reference and made a part of this Contract or Agreement.

II. TERMINATION.

a. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) days’ written notification to the Contractor.

b. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days’ written notice of its intention to do so.

c. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with 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 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 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 Article IX, Section 2-721 et al. of the Monroe County Code.

d. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) days’ notice to the Contractor.

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. The maximum amount due to the 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 in Article IX, Section 2-721 et al. of the Monroe County Code.

e. Scrutinized Companies:

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.

III. MAINTENANCE OF RECORDS.

The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report in accordance with 2 CFR §200.334, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and audit purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as “County Clerk”) determines that monies paid to the 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 Subsection 55.03 of the Florida Statutes, running from the date the monies were paid to the Contractor.

IV. PUBLIC ACCESS.

The Contractor and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials in their possession or under their control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor and the County in connection with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Contractor.

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 their possession or under their 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 Chapter 119, Florida Statutes 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.

E) A request to inspect or copy public records relating to a County contract must be made directly to the County but, if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time.

If the Contractor does not comply with the County’s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County’s option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.

The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S

OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL

33040, publicrecords@monroecounty-fl.gov, (305) 292-3470.

V. 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 proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the Owner or by the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in 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 the Owner or the County Clerk. The Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll 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 County Clerk determines that monies paid to the 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 the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement.

VI. PAYMENT OF FEES/INVOICES

Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and the Monroe County Code. The Contractor shall submit to the Owner invoices with supporting documentation that are acceptable to the County Clerk. Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner.

VII. 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. 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 violated Subsection 448.09(1), Florida Statutes shall terminate the contract with the 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. NOTICE REQUIREMENT

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. 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 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. Notice shall be sent to the following persons:

For Contractor: __________________________________

For Owner:

Director of Facilities Management

1100 Simonton St., Room 2-216 Key West, Florida 33040

County Attorney Assistant County Administrator, PW & E 1111 12th Street, Suite 408 1100 Simonton Street Key West, Florida 33040 Key West, Florida 33040

IX. 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 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"). The 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 the Contractor under this Section. The Contractor shall give the 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. The 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.

X. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.

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 Article II concerning termination or cancellation.

FEDERAL REQUIRED CONTRACT PROVISIONS

The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to:

I. Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C.

§§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

§§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office.

The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable.

II. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148).

A) When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000, awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, which is attached hereto as Exhibit “A” to this Agreement and made a part hereof. 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.

B) 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.

C) Required contract clauses. All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-11). All applicable contractors must include these provisions in full in any subcontracts.

The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR Chapter 1)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):

(1) Minimum wages —

(a) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in Subparagraphs (d) and (e) of 29 C.F.R. Section 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis- Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph (A)(1)(v) of 29 C.F.R. Section 5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in Subparagraph (a)(4) of 29 C.F.R. Section 5.5. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

The wage determination (including any additional classifications and wage rates conformed under Subparagraph (a)(1)(iii) of 29 C.F.R.

Section 5.5) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(b) Frequently recurring…