2-Emergency Transportation Services RFP.pdf

MONROE COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR PROPOSALS

FOR

EMERGENCY TRANSPORTATION SERVICES

BOARD OF COUNTY COMMISSIONERS

Mayor Michelle Lincoln, District 2 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 Emergency Management Director

Kevin Madok Cory Schwisow November 2025

PREPARED BY:

Monroe County Emergency Management Department

NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS

NOTICE IS HEREBY GIVEN that on Thursday, January 8, 2026, at 3:00 P .M., the Monroe County Purchasing Office will receive and open sealed responses for the following:

MONROE COUNTY, FLORIDA

Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from 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. Notice to Proposers: A local business, as defined in Section 2-349, County Code, may be given preference in this solicitation. The intent and justification for providing a local preference is set forth in Section 2-349 of the Monroe County Code of Ordinances.

Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform.

Please do not e m a i l , mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.

The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than 3:00 P.M.

on Thursday, January 8, 2026. There is no cost to the bidder to use the Bonfire platform. Questions regarding this RFQ must be transmitted in writing to Cory Schwisow, c/o Monroe County Emergency Management, 7280 Overseas Highway, Marathon, Florida 33050, or by Email: schwisow-cory@monroecounty-fl.gov.

Please do no t submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days (from bid opening date), whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law.

In the event of a discrepancy between the value listed on the Price Response Proposal Form and any document within the other portions of the response uploaded into Bonfire, the values listed in the “Price Response - Proposal Form” provided by Monroe County in the RFQ is the amount that will be considered by the County. The County reserves the right to waive any proposal/bid irregularity.

The bid opening for this solicitation will be held virtually, via the internet, at 3 : 0 0 P . M . , on Thursday, January 8, 2026. You may call in by phone or internet using the following:

Join Zoom Meeting https://mcbocc.zoom.us/j/4509326156

Meeting ID: 4509326156 One tap mobile:

+16465189805,,4509326156# US (New York) http://www.floridapublicnotices.com/ https://monroecounty-fl.bonfirehub.com/ http://www.monroecounty-fl.gov/BonfireBids https://monroecounty-fl.bonfirehub.com/ mailto:schwisow-cory@monroecounty-fl.gov mailto:schwisow-cory@monroecounty-fl.gov https://mcbocc.zoom.us/j/4509326156

+16699006833,,4509326156# US (San Jose) Dial by your location:

+1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose)

Publication Dates Keys Citizen: Sat., 11/22/2025 Keys Weekly: Thur., 12/04/2025 News Barometer: Fri., 12/05/2025

Monroe County Emergency Management

SECTION ONE

Scope of Work

Monroe County is seeking a qualified provider to deliver emergency evacuation bus services to the general public and special needs populations in the event of a local emergency declaration.

This service will be activated upon notification by the County and will include transportation to designated out-of-county shelters as well as re-entry to specified locations within the County.

The awarded provider shall provide bus transportation for the general population during emergency evacuations, ensuring that all evacuees are transported in a timely and efficient manner to the designated out-of-county shelter as directed by the County. The provider will facilitate re-entry transportation to designated locations throughout Monroe County, as conditions allow, ensuring displaced individuals can safely return to their homes and communities.

Pet transportation compliance is governed by the Pets Evacuation and Transportation Standards Act of 2006, which permits residents to evacuate alongside their properly caged and secured household pets and service animals. In accordance with DAP 9523.19, the acceptance of domesticated pets is mandated, including but not limited to dogs, cats, rabbits, rodents, and turtles. It is imperative to provide the necessary accommodation for pet transportation to ensure the safety and comfort of both residents and their pets throughout the evacuation process.

The provider must be prepared to mobilize, at a minimum, six 55-passenger buses within 24 hours of notification from Monroe County. All buses must be equipped to facilitate efficient evacuations, accommodate special needs populations, and include adequate space to accommodate caged pets if necessary. Additionally, the provider is required to comply with all relevant safety regulations and provide qualified drivers to assist passengers during the evacuation.

The transportation provider must provide regular updates and reports on transportation activities throughout the evacuation process to the County’s Emergency Operations Center, Operations Section Chief. Daily manifests with the total number of passengers are required at the end of each day. This practice will keep all parties informed and enable a more organized response during critical situations. Transportation services are expected to be available as needed and to suspend no later than 6 hours before tropical storm-force winds.

This service agreement will remain in effect for a 3-year term.

Monroe County Emergency Management Cory Schwisow 7280 Overseas Highway Marathon, FL 33050 schwisow-cory@monroecounty-fl.gov Fax: 305-289-6325 mailto:schwisow-cory@monroecounty-fl.gov

Milestone dates are:

Last Day to submit RFIs: Friday, December 19, 2025 Bids Due: Thursday, January 8, 2026

Instructions to Proposers

1. General Requirements

Providers interested in performing this service must exhibit considerable relevant experience with this type of work and should emphasize both the experience and capability in their proposal.

2. Project Background:

Monroe County is a non-charter county and a political subdivision of the State of Florida. The County population is approximately 82,000. The Board of County Commissioners is the governing body and has all the powers and authorities under Chapter 125 and Chapter 252.

Monroe County is the southernmost county in the United States. It is comprised of the Florida Keys and a portion of the Florida Everglades. The Florida Keys are an archipelago of islands stretching from Key West up to the mainland. In addition to the unincorporated county, there are five municipalities in the Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada. Further information about the demographics of the County can be found here:

http://www.monroecounty-fl.gov/index.aspx?NID=27 .

Approximately one-third of the population is situated in the City of Key West, which is the county seat; however, the County offers services throughout the Keys, and has government buildings throughout the Lower Keys (primarily Big Pine Key), Middle Keys (primarily Marathon), and Upper Keys (primarily Plantation Key and Key Largo) in addition to Key West, with employees stationed in all locations.

The County’s emergency management operations are directed by the Emergency Management department. The website for the County’s Emergency Management department is here:

http://www.monroecountyem.com/782/Emergency-Management/

Monroe County follows the National Incident Management System (NIMS) and Incident Command System (ICS). A copy of the County’s Comprehensive Emergency Management Plan, adopted by the Board of County Commissioners and approved by the State of Florida Division of Emergency Management in accordance with Rule 27P-6.0023 of the Florida Administrative Code, is available on the County’s website at https://www.monroecounty-fl.gov/829/About

3. Scope of Services

Monroe County is seeking a qualified provider to deliver emergency evacuation bus transportation services to the general public in the event of a local emergency declaration. This service will be activated upon notification by the County and will include transportation to designated out-of-county shelters as well as re-entry to specified locations within the County.

http://www.monroecounty-fl.gov/index.aspx?NID=27 http://www.monroecountyem.com/782/Emergency-Management/ https://www.monroecounty-fl.gov/829/About https://www.monroecounty-fl.gov/829/About

4. Qualifications

Provider’s license or certification. Please include references and contact information for similar county support.

5. Attachments

Proposer shall complete and submit the following forms (located in Section Two) with the proposal:

a. Respondent’s Insurance and Indemnification, with Insurance Agent’s Statement

Proposer shall also submit the following forms (located in Section Three) with the proposal:

a. Submission Response Form

b. Non-Collusion Affidavit

c. Lobbying and Conflict of Interest Form

d. Drug-Free Workplace Form

e. Local Preference Form (if applicable)

f. Public Entity Crime Statement

g. Vendor Certification re: Scrutinized Companies

h. Affidavit Attesting to Non-Coercive (F.S. 787.062)

i. Foreign Entities (F.S. 287.161)

6. State and Local Sales and Use Taxes

Monroe County, as a political subdivision of the State of Florida, is statutorily exempt from all sales and use taxes. Prices quoted in the Proposal shall be exclusive of all sales and use taxes.

7. Request for Additional Information and Clarification

Requests for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted by upload to Bonfire:

All requests for additional information must be received no later than 3:00 PM, on (December 19, 2025). Any requests received after that date and time will not be answered. All questions must be submitted in Bonfire. Any interpretation, correction or change of the RFS will be accomplished by Addenda and if issued will be furnished by posting on the website at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids prior to the established opening date. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding and Bidders shall not rely upon such interpretations and changes. Oral requests for additional information will not be answered.

All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened.

https://monroecounty-fl.bonfirehub.com/ http://www.monroecounty-fl.gov/BonfireBids

8. Submission of Proposals and Modifications

All proposals must be submitted by upload to Bonfire. To be considered, please submit proposals no later than 3:00 p.m. on January 8, 2026. No proposals will be accepted after 3:00 P.M. Bonfire will not allow any proposals to be uploaded after the time and date for receipt of proposals. The respondent shall bear all costs associated with the preparation and submission.

Information submitted in response to this RFP will become the property of the County and is subject to Florida public records law.

Modifications: Prior to the time and date designated for receipt of proposals, any proposal submitted may be modified by removing the existing bid from Bonfire and uploading a new complete proposal.

Proposals may be withdrawn on Bonfire prior to the time of the bid opening. Withdrawn proposals may be resubmitted on Bonfire up to the time designated for receipt of proposals provided they are fully in conformance with submission instructions.

9. Format of Proposal

A. Cover Page

A cover page that states “EMERGENCY TRANSPORTATION SERVICES – MONROE COUNTY, FLORIDA” must be included. The cover page should contain Proposer’s name, address, telephone number, and the name of the Proposer’s contact person(s).

B. Tabbed Sections. The proposal must include the following tabbed sections:

Tab 1. Executive Summary State the legal name of the financial institution or firm, the principal business address, name of the contact person, telephone and facsimile numbers, e-mail address.

The Proposer shall provide a narrative of the firm’s qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of this Project.

Tab 2. Past Performance on Similar Projects

The Proposer shall provide a project history of the firm or organization demonstrating experience with other municipalities or local governments that are similar in scope and size. The Proposer shall also provide a list of representative past similar agreements over the past five (5) years. For each, include the following:

• Name and full address of the referenced project client

• Summary of the project and services

• Examples of successful implementation

Tab 3. Project Approach

The Proposer shall describe the approach and methodology it will use to accomplish the work defined herein (described in Scope of Work above).

Tab 4. Staffing, Licensing, and Insurance

Contractors shall provide certificates of insurance and secure licenses imposed by law and ordinance to operate in the State of Florida.

Tab 5. Cost/Fee Proposal.

In this tab, the Respondent will complete and include the Submission Response Form (found in Section Three: County Forms). The County is requesting that the Respondent quote a fixed fee that encompasses the entire scope of services requested. All prices quoted should be all inclusive, i.e., no separate amounts will be paid for miscellaneous expenses, including but not limited to travel expenses, postage, faxes.

Tab 6. Litigation

In accordance with Section 2-347(h) of the Monroe County Code, under this tab, the Proposer must provide the following information:

(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s).

(2) A list of the officers and directors of the entity.

(3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects).

(4) The number of years the person or entity has operated under its present name and any prior names.

(5) Answers to the following questions regarding claims and suits:

a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details;

b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details;

c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details;

d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details;

e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation;

f. Customer references (minimum of three), including name, current address and current telephone number;

g. Credit references (minimum of three), including name, current address and current telephone number;

h. Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and

i. Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible.

Tab 7. Forms

Under this tab, include the following forms, found in Sections Two (Insurance) and Three (Forms) of this RFP.

• Submission Response Form

• Non-Collusion Affidavit

• Lobbying and Conflict of Interest Form

• Drug-Free Workplace Form

• Public Entity Crime Statement

• Vendor Certification re: Scrutinized Companies

• Affidavit Attesting to Non-Coercive (F.S. 787.062)

• Foreign Entities (F.S. 287.161)

• Insurance Agent's Statement

• Request for Waiver of Insurance Requirements

All Proposals received as a result of this RFS are subject to Chapter 119, Florida Statutes and will be made available for inspection by any person in accordance with Florida Statutes. Any Proposer asserting that any portion of its Proposal is confidential or exempt from disclosure under Florida’s public records laws must specifically identify the portions of the Proposal asserted to be confidential and must provide specific citations of the Florida Statutes that establish the confidentiality or exemption.

All material that is designated as confidential or exempt from Chapter 119 (e.g., financial information) must be uploaded and submitted in a separate document (using the method outlined in the Notice of Request for Competitive Solicitations) but with the word “confidential” in the body of the document.

10. Award of Contract

The County will accept one of the Proposals or will act in accordance with the following paragraphs. The acceptance of the Proposal will be by written Notice of Award, mailed to the office designated in the Proposal, or delivered to the Proposer’s representative. In the event of failure of the selected Proposer to sign a proposed Contract and provide acceptable insurance certificate(s) and evidence of holding required licenses and certificates, the County may award the Contract to another Proposer. The County reserves the right to accept or reject any or all Proposals, and to waive any informalities and irregularities in said Proposals.

The successful proposer will be expected to enter into a contract substantially similar to the draft agreement attached in this RFS.

The County reserves the right to reject any and all proposals, or any part of a proposal. The County reserves the right to waive variations from the specifications that do not render the proposal non-conforming, to re-advertise for competitive solicitations, or to abandon the project, purchase of goods, or request for competitive solicitations. The County retains the right to disregard non-conformities, non-responsive proposals, or conditional proposals in the best interest of the County.

In evaluating Proposals, the County shall consider the qualifications of the proposers, the responses to the ranking criteria, and whether the Proposals comply with the prescribed requirements in the Proposal Documents.

Award shall be made to the responsible proposer whose proposal is determined to be the most advantageous to the County, taking into consideration the evaluation criteria set forth below:

Tab Max. Points 1 Executive Summary 5 points 2 Past Performance on Similar Projects 20 points 3 Project Approach 5 points 4 Staffing, Licensing, and Insurance 20 points 5 Cost/fee proposal 40 points 6 Litigation 5 points 7 Forms 5 points

Total 100 points

The County may conduct such investigations as deemed necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Proposers, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the County's satisfaction within the prescribed time.

The County reserves the right to request any additional information related to the financial qualifications, competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and Board of County Commissioners to determine if the person responding is responsible.

The County reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction.

If the Contract is awarded, it will be awarded to the best, conforming responsible, responsive Proposer, based on criteria provided herein.

If the Contract is to be awarded, the County will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of proposals. The County reserves the right to return all Proposals, not make any awards, and cancel the Project. The County reserves the right to not accept any proposals and advertise another RFP for the job.

11. Disqualification of Proposer

A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work.

B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two:

$25,000.00

C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal.

D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal.

E. VENDOR CERTIFICIATION REGARDING SCRUTINIZED COMPANIES: 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 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 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 with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.

F. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR

SERVICES. Any entity submitting a bid or proposal in response to this RFP must execute the enclosed AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES and submit it with his bid or proposal. Failure to complete this affidavit in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal.

12. Governing Laws and Regulations

The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County are the responsibility of the Proposer.

13. Responsibility for Response

The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County.

14. Indemnification

The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below.

The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees, servants or agents.

In the event that the service is delayed or suspended as a result of the Proposer/Vendor's failure to purchase or maintain the required insurance, the Proposer/Vendor shall indemnify the County from any and all increased expenses resulting from such delay.

The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement.

15. Women, Minority-owned and veteran-owned business enterprises.

The contractor is encouraged to take all necessary steps identified in 2 C.F.R. 200 section 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered when possible.

16. 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.

17. 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/hers/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 pursuant to Subsection 2-152(a), Monroe County Code of Ordinances 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.

18. Code of Ethics

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.

19. Drug-Free Workplace

By signing a proposal, the undersigned certifies that the contractor complies fully with, and in accordance with Section 287.087, Florida Statutes, the requirements of which state as follows:

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.

A. 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.

B. It will give each employee engaged in providing the commodities or contractual services that are underbid a copy of the statement specified in subsection 1.

C. 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 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.

D. It will impose a sanction on, or require 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.

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

20. Additional Contract Provisions

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. 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 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 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; and

11) All requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; and

12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.

• 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.

• 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.

• 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.

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.

The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted.

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.) 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.

Termination Provisions

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. 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.

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 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 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 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.

Termination for Convenience

The County may terminate this 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 to 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 Article IX, Section 2-721 et al. of the Monroe County Code.

Scrutinized Companies

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.

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 as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later;

or 2) 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 as per 2 CFR §200.33, 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 seven (7) years following the termination of this Agreement.

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); 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 Owner or 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. 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, 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.

Payment of Fees / Invoices

County shall pay pursuant to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes 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 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.

Invoices shall be submitted to Monroe County Emergency Management Department, Attention: Cory Schwisow at schwisow-cory@monroecounty-fl.gov AND Joshua Baer at baer-josh@monroecounty-fl.gov.

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 performed by the Contractor and the work has been accepted by the County.

Public Records Compliance

The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, 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:

• Keep and maintain public records that would be required by the County to perform the service.

• 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.

• 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.

• 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.

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.