SPECIFICATIONS_FOR_BARGE_SERVICES_STORM_RATES_MSA.pdf

CALL FOR BIDS

Florida Keys Electric Cooperative Association, Inc. (FKEC), hereby gives notice to prospective bidders that proposals will be received by FKEC, at the Procurement Department, procurement@fkec.com until 2:00 p.m. on April 15, 2025 for:

FKEC BID #25-19

SPECIFICATIONS FOR BARGE SERVICES STORM RATES MSA

In order to ensure an open and full competitive bidding process and maintain compliance with FEMA’s Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules), FKEC has instituted VendorLink and DemandStar systems to provide current information to potential bidders.

These systems will allow you to receive bid information quickly and at your convenience 24 hours a day, seven days a week. Specifications may be obtained from their websites at www.myVendorlink.com or www.DemandStar.com. Registered vendors will be notified automatically of all Requests for Proposals.

Anticipated Solicitation Schedule

March 28, 2025 Call for Bid

April 9, 2025 Questions Due

April 15, 2025 Bids Due

April 25, 2025 Intent to Award

December 31, 2027 Rates Good Through

NOTE: The above anticipated solicitation schedule is subject to change. FKEC will entertain questions for clarification until April 9, 2025 at 2:00 pm. All questions must be submitted in writing by email to procurement@fkec.com, or via the VendorLink website. No questions will be answered after that date.

Each proposal should constitute an offer to FKEC, as outlined therein, and should be irrevocable after the time announced for the opening thereof.

/s/ Ray Rhash

Ray Rhash

Procurement, Warehouse, & Building Manager mailto:procurement@fkec.com http://www.demandstar.com/taf/agencycp.taf?_function=list&A=335

FKEC General Information

Florida Keys Electric Cooperative (FKEC) is the private, not-for-profit power utility for the Upper and Middle Florida Keys. Headquartered in Tavernier, Florida, FKEC provides electricity from the Seven-Mile Bridge to Ocean Reef and the Monroe County Line, and services more than 33,000 meters. FKEC presently has an authorized workforce headcount of 119, with an actual headcount of 115. FKEC recognizes the Union as the exclusive collective bargaining agent for all employees of FKEC working in the Union classified positions. Employees are divided between two work locations: Tavernier and Marathon, and among nine departments: Executive, Finance, Human Resources, Safety, Engineering, Information Technology, Transmission, Distribution, and Member Services.

The Cooperative was formed as a corporation in the state of Florida in 1940, and in 1944 was recognized by the Internal Revenue Service as being federal income exempt tax under section 101(10) of the Revenue Act of 1939 (now section 501 (c) (12) of the Internal Revenue Code). FKEC currently imports all of its power supply and uses local generation for emergency back-up only. The utility relies on power from the mainland because it is far less expensive than local generation.

Today, FKEC maintains a highly respected position within its local community, and within the National Rural Electric Cooperative Association, for its dedication to reliable electric service and forward thinking initiatives.

FKEC and its representatives have exercised due care in preparing this Request for Proposal (solicitation). All information contained herein is believed to be substantially correct. However, bidders should verify information independently if desired. FKEC and its representatives do not warrant the accuracy of information contained herein.

Scope of Services

FKEC is seeking to enter into a Master Services Agreement for Barge Services from Key Largo, FL to Marathon, FL which may be required after a natural disaster (e.g. hurricanes, storm surges, tornados) via a Request for Services. FKEC will require two configurations quoted for barge(s) to support bucket truck work on transmission structures in the water of Florida Bay, the Gulf of Mexico, and the Atlantic Ocean.

Configuration #1 - Two (2) bucket trucks on a single barge vessel:

• Bucket truck #1 overall length of 39’, with a width of 18’ and a curb weight of 56,500 pounds

• Bucket truck #2 overall length of 39’, with a width of 18’, and a curb weight of 56,500 pounds

• Must accommodate the rotation of the turret 360° and allow work from the bucket truck off each side of the barge

Configuration #2 – One (1) bucket truck each on two (2) individual barge vessels:

• Bucket truck #1 overall length of 39’, with a width of 18’, and a curb weight of 56,500 pounds

• Bucket truck #2 overall length of 39’, with a width of 18’, and a curb weight of 56,500 pounds

• Must accommodate the rotation of the turret 360° and allow work from the bucket truck off each side of the barge

Each configuration must supply loading and off-loading ramps and locations. Barges must also accommodate approximately 2,000 pounds (1 ton) of materials and tools.

Barge operator must supply portable latrine service.

The contractor shall follow safe work practices identified by their company policy and OSHA standards.

Bidders shall provide their OSHA 300A Summary and the OSHA incident rate for the years 2021, 2022, and 2023 preferably for work performed in the state of Florida. Additionally, bidders shall include their company’s Experience Modification Rate (EMR) for the years 2021, 2022, and 2023. Bidders may also submit their written safety plan or a brief description of the plan. The bidder’s safety performance will be evaluated and scored in the selection criteria as “Safety Performance” 30%.

The contractor shall supply all labor, equipment, and incidental materials to complete the services.

FKEC will not furnish any materials for the project(s).

Start date will be determined on an as-needed basis decided by FKEC. Duration will be determined by FKEC. Rates should be in effect through December 31, 2027. Please provide daily and weekly rates, mobilization fees, and any additional costs using Attachments A-1 and A-2.

Submittal Requirements

Respondents should submit Proposals meeting all of the requirements within this solicitation electronically to: procurement@fkec.com, or via DemandStar e-Bidding. Proposals not submitted electronically, and Proposals received after the specified time and date will not be considered. It is the Respondent’s sole responsibility to ensure that FKEC has received its Proposal before the deadline to submit Proposals.

Proposals must be submitted in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements stated below. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. Proposals failing to comply with these submission requirements, or those unresponsive to any part of this solicitation, may be disqualified.

Any proposal may be withdrawn until the date and time set above for the submission of the proposals.

Any proposal not so withdrawn shall constitute an irrevocable offer, for a period of 90 days, to provide to FKEC the services set forth in this solicitation, or until one or more of the proposals have been awarded.

Required Information in Submittal

1. Bidder Information. Include the name of Contractor’s company, address, telephone number, email address, and contact person.

2. Safety Record. Include three (3) years of OSHA 300A Summary and three (3) years of Company Experience Modification Rate (EMR).

3. References. The Contractor shall provide at least three references for whom the Contractor has provided services similar to those requested under this Call for Bids within the past five years.

The references shall include names, addresses, and telephone numbers of the clients for whom prior work was performed and include an explanation of the services provided.

4. Cost Proposal. The cost proposal shall identify all costs including expenses to be charged for performing the services necessary to accomplish the objectives of the contract as requested in the above Scope of Services, using Attachments A-1 and A-2. Include a copy of the firm’s Travel

Policy. The evaluation process is designed to award this contract not necessarily to the Contractor of least cost, but rather to the Contractor whose proposal best meets the requirements of this solicitation.

5. Personnel. Provide the names, proposed roles, background and experience, current professional licenses, office location and availability of the personnel that would perform contracting services, and specifically identify the primary person(s) who will be responsible for managing the relationship with FKEC.

Required Forms with Submittal

1. Certification Regarding Debarment, Suspension and Other Responsibility Matters. The Respondent should execute the form found in Attachment B to this solicitation.

2. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements.

The Respondent should execute the form found in Attachment C to this solicitation.

3. Bidder’s Statement, included as Attachment D to this solicitation.

4. Drug-Free Workplace Statement, included as Attachment E to this solicitation.

5. Sworn Statement Pursuant to Section 287.133(3)(A), Florida Statutes, on Public Entity Crimes – Attachment F.

Addenda, and Supplemental Information

Any and all addenda to the solicitation will be provided to all Proposers who received the initial solicitation and provided contact information to FKEC, should it become necessary for FKEC to make revisions, request additional information, or respond to written inquiries relating to the solicitation. It is the responsibility of potential proposers to timely submit contact information to facilitate receipt of addenda and supplemental information requests, if issued. Respondents are urged to visit the site/sites where the work will be performed before submitting a proposal to conduct due diligence. If a site visit is not contemplated in the anticipated solicitation schedule, the Respondent may request to schedule site visits via email to procurement@fkec.com.

Any respondent submitting a proposal in response to this solicitation will be deemed to have performed its due diligence on the work requested, including that respondent has received, read, and understood any addenda to the solicitation.

Review of Proposal

FKEC’s designated selection committee will review responses to the solicitation. Selections will be based on completeness of proposals and on which proposals best meet the requirements of this solicitation. FKEC reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to separately accept or reject any item, items, bid schedule or bid schedules of the proposal which FKEC deems to be in the best interest of FKEC. FKEC reserves its right to award the contract to other than the lowest priced offeror.

Evaluation Criteria

A Selection Committee appointed by FKEC will evaluate and rank each Proposal per the evaluation criteria listed below. Proposals will be evaluated on the basis of the following criteria:

Safety Performance Record 30

Relevant Past Performance 20

Cost Proposal 50

TOTAL 100

Resulting Contract

If a contract is awarded, the selected bidder will be notified of by issuance of a form substantially similar to Attachment G. Bidders will comply with all applicable Federal laws, regulations, executive orders, and FEMA requirements. Bidders should be advised that the selected bidder must execute a Firm Fixed Price agreement with FKEC. The resulting contract must include the contract provisions required by 2 C.F.R. § 200.327 and FEMA guidance. For more information on these provisions visit https://www.fema.gov/media-library-data/1569959119092-

92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf.

While FKEC anticipates awarding one contract, FKEC reserves the right to award contracts to more than one respondent if it is in the best interests of FKEC. Nonetheless, the issuance of this solicitation does not obligate FKEC to award a contract. FKEC reserves the right, and has absolute and sole discretion, to cancel this solicitation at any time prior to execution of a contract.

Subcontracting

If Contractor intends to subcontract any portion of the work under the awarded contract, Contractor must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms1 are solicited and used when possible. Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

1 A list of labor surplus areas is available on the U.S. Department of Labor’s website at https://www.doleta.gov/programs/lsa.cfm.

https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf https://www.fema.gov/media-library-data/1569959119092-92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf

Miscellaneous

Any costs incurred by Respondents in responding to this solicitation are the sole responsibility of the Respondent. FKEC assumes no responsibility for any such costs incurred by the Respondent. The Respondent also agrees that FKEC bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

All materials submitted in response to this solicitation become the property of FKEC. FKEC has the right to use any or all ideas presented in any response to this solicitation, whether amended or not, and selection or rejection of a proposal does not affect this right. No variances to this provision shall be accepted.

ATTACHMENT A-1 BID FORM

FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC.

FKEC BID #25-19

SPECIFICATIONS FOR BARGE SERVICES STORM RATES MSA

ONE (1) BARGE TO ACCOMMODATE TWO (2) BUCKET TRUCKS (CONFIGURATION #1)

The undersigned proposes to provide labor, tools, supervision, equipment, and services required for the proper completion of: FKEC BID # 25-19 BARGE SERVICES STORM RATES MSA cost proposed contract price of:

2025 DAILY CONTRACT PRICE $_______________________

2025 WEEKLY CONTRACT PRICE $_______________________

2025 MONTHLY CONTRACT PRICE $_______________________

2025 MOB/DE-MOBILIZATION FEES $_______________________

2026 DAILY CONTRACT PRICE $_______________________

2026 WEEKLY CONTRACT PRICE $_______________________

2026 MONTHLY CONTRACT PRICE $_______________________

2026 MOB/DE-MOBILIZATION FEES $_______________________

2027 DAILY CONTRACT PRICE $_______________________

2027 WEEKLY CONTRACT PRICE $_______________________

2027 MONTHLY CONTRACT PRICE $_______________________

2027 MOB/DE-MOBILIZATION FEES $_______________________

ATTEST:

President (signature) Secretary (signature)

President (print name) Secretary (print name)

Dated_____________________________ Dated _____________________________

The Proposal must be signed with the full name of the Bidder. If the Bidder is a partnership, the Proposal must be signed in the partnership name by a partner. If the Bidder is a corporation, the Proposal must be signed in the corporate name by a duly authorized officer and the corporate seal affixed and attested by the Secretary of the Corporation.

ATTACHMENT A-2 BID FORM

FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC.

FKEC BID #25-19

SPECIFICATIONS FOR BARGE SERVICES STORM RATES MSA

TWO (2) BARGES TO ACCOMMODATE ONE (1) BUCKET TRUCK EACH (CONFIGURATION #2)

The undersigned proposes to provide labor, tools, supervision, equipment, and services required for the proper completion of: FKEC BID # 25-19 BARGE SERVICES STORM RATES MSA cost proposed contract price of:

2025 DAILY CONTRACT PRICE $_______________________

2025 WEEKLY CONTRACT PRICE $_______________________

ATTEST:

President (signature) Secretary (signature)

President (print name) Secretary (print name)

Dated_____________________________ Dated _____________________________

The Proposal must be signed with the full name of the Bidder. If the Bidder is a partnership, the Proposal must be signed in the partnership name by a partner. If the Bidder is a corporation, the Proposal must be signed in the corporate name by a duly authorized officer and the corporate seal affixed and attested by the Secretary of the Corporation.

ATTACHMENT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the CONTRACTOR (referred to herein as the “prospective lower tier participant”) is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER

TIER COVERED TRANSACTIONS

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CONTRACTOR Company Name RFP Number

Name

Title

Signature Date

ATTACHMENT C

CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

INSTRUCTIONS FOR CERTIFICATION

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CONTRACTOR certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, CONTRACTOR understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

CONTRACTOR Name

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official Date

ATTACHMENT D

BIDDER’S STATEMENT

In consideration of this contract, if awarded, the Vendor agrees without reservation to FKEC’s Terms & Conditions

(Exhibit A), Indemnification Clause, and insurance clause herein. Which will become a part of the contract, the signing of this statement confirms the Vendor’s acceptance.

DATE:

FIRM NAME: EMAIL: _______________________

SUBMITTED BY:

Print Name & Title

SIGNATURE:

WITNESS:

NOTICE: THIS SIGNATURE PERTAINS TO THE ACKNOWLEDGEMENT AND ACCEPTANCE OF THE ENTIRE TERMS &

CONDITIONS. ANY EXCEPTIONS TO THIS AGREEMENT SHOULD BE NOTED SEPARATELY.

FAILURE TO COMPLETE ABOVE NOTED DOCUMENT WILL RESULT IN NON-COMPLIANCE WITH THESE

SPECIFICATIONS.

ATTACHMENT E

DRUG-FREE WORKPLACE STATEMENT

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

The undersigned vendor in accordance with Florida Statues Section 287.087 hereby certifies that

_________________ ___________________does:

(Name of Business)

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

4. In the statement specified in Subsection 1, 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 contender to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Print Name______________________________

Vendor's Signature________________________

Date: __________________________________

ATTACHMENT F

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL

AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to Florida Keys Electric Cooperative Association, Inc.

by____________________________________________________________________

(print individual’s name and title) for____________________________________________________________________

(print name of entity submitting sworn statement) whose business address is_________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is _____________

If the entity has no FEIN, include the Social Security Number of the individual signing sworn statement:________________________________________________________

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contender.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

a. A predecessor or successor of a person convicted of a public entity crime; or

b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employee, members, and agents who are active in the management of an affiliate.

The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a “person’ as defined in Paragraph 287.133(1) (e), Florida Statutes, means:

a. any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity.

b. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies):

_____Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with the convicted of a public entity crime subsequent to July 1, 1989.

_____The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of public entity crime subsequent to July 1, 1989.

_____The entity submitting this sworn statement, or one or more of its officers, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer, determined that is was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDE IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION

CONTAINED IN THIS FORM.

(Signature) (Date)

STATE OF _________________________

COUNTY OF ________________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority, _________________________ who, after first being sworn by me, affixed his/her signature in the space provided above on this ________ day of ____________________ 20_____.

NOTARY PUBLIC

My Commission Expires:

FOR-094 Revised: 3/5/2019

ATTACHMENT G

PROPOSAL ACCEPTANCE (PAGE 1)

Florida Keys Electric Cooperative Association, Inc. (FKEC) hereby accepts the foregoing Proposal of the Bidder, for the performance of the following:

CONFIGURATION #1

2025 DAILY CONTRACT PRICE $_______________________

2025 WEEKLY CONTRACT PRICE $_______________________

CONFIGURATION #2

2025 DAILY CONTRACT PRICE $_______________________

2025 WEEKLY CONTRACT PRICE $_______________________

ATTACHMENT G

PROPOSAL ACCEPTANCE (PAGE 2)

Florida Keys Electric Cooperative Association, Inc. (FKEC) hereby accepts the foregoing Proposal of the Bidder, for the performance of the following:

Florida Keys Electric Cooperative Association, Inc.

By __________________________________ Date of Contract ______________________

CEO

Scott Newberry

91630 Overseas Hwy

Tavernier, FL 33070