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5th Amendment 11/20/2018
DATE: December 7, 2018 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hancock, D.C. th SUBJECT: November 20 BOCC Meeting Attached is an electronic copy of Item G1, Fifth Amendment to the Maintenance Agreement with Black Fire Protection, Inc. for “Full Maintenance–Fire Protection Systems” to update current revisions pursuant to ordinances and federal required contract provisions and extend the term on a month-to-month basis not to exceed six months pending the issuance of a Request for Proposals and award of a new Agreement, for your handling. Should you have any questions, please feel free to contact me at (305) 292-3550. Thank you. cc: Facilities Supervisor County Attorney Finance File c FIFTH AMENDMENT TO AGREEMENT FULL MAINTENANCE PROGRAM—FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA THIS hereinafter"Fifth Amendment" is made and entered into this 20th day of November, 2018, between MONROE COUNTY(hereinafter"County" or"Owner"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West,FL,33040,and BLACK FIRE PROTECTION,INC.("CONTRACTOR"),a Florida corporation, whose address is 1014 S.W. 19th Street, Ft. Lauderdale, FL 33315. WHEREAS, on December 11, 2013, the parties hereto entered into an agreement for inspection, testing, maintenance, and repairs per NFPA 25 for fire protection systems, including associated piping and equipment, located in Monroe County, Florida (hereinafter "Original Agreement"); and WHEREAS,on November 17, 2015, the BOCC approved the First Renewal Amendment Agreement;and; WHEREAS, on January 20, 2016, the BOCC approved correction of a minor scrivener's error in a Second Amendment Agreement; and; WHEREAS, on December 14,2016, the BOCC approved a Second Amendment Renewal Agreement; and; • WHEREAS, on June 21, 2017, the BOCC approved a Third Amendment Agreement for a change of address: and; WHEREAS, on November 14, 2017, the BOCC approved a Fourth Amendment Agreement,Third Renewal Agreement and; WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and . WHEREAS, the parties find that it would be mutually beneficial to enter into this Fifth Amendment for a month-to-month extension of the Original Agreement and to revise certain provisions of the Original Agreement and to update and/or add current revisions pursuant to its ordinances and/or Federal Required Contract Provisions; and WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement to correct errors and ensure compliance with the Maintenance of Records, Non- Discrimination, and Termination clauses, and compliance with Federal Required Contract Provisions requirements; and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 4, REPAIRS, of the Original Agreement shall remain as follows: 1 Full Maintenance Program-Fire Protection Systems • A. Repairs for normal working hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays, shall be $103.64 per hour for technician and shall be $181.37 per hour for technician and helper. B. Emergency service calls after hours stated above, including holidays, shall be$155.46 per hour for technician and shall be$271.53 per hour for technician and helper. C. The cost of parts (excluding freight and sales tax)shall be the manufacturers cost plus 15%. Freight, engineering, permits, equipment and sales tax will be reimbursed at the amount charged only. The manufacturer's invoice must accompany all requests for payment for any part, which exceeds $500.00, and may be requested at the discretion of the Director, Public Works Facilities Maintenance, or hi§ designee, foipany parf, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Director, Public Works Facilities Maintenance, or his designee, for any freight charge, regardless of the cost associated therewith. 2. In accordance with Paragraph 5, PAYMENTS TO CONTRACTOR, of the Original Agreement, it shall be amended as follows: D. The following buildings will require: One Annual Inspection and flow test of the Fire Pump and (3) Three Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Detention Center 5501 College Road $1,450.92 cost/yr. Key West, FL 33040 Harvey Government Center 1200 Truman Avenue $1,243.64 cost/yr. Key West, FL 33040 Lester Building 530 Whitehead Street $1,450.92 cost/yr. Key West, FL 33040 Monroe County Courthouse 502 Whitehead Street $1,450.92 cost/yr. Annex/Old Jail (TESTING SCI IEDULED Key West, FL 33040 AROUND COURT HEARINGS) Marathon Government Annex 490 63'd Street,Ocean $1,243.64 cost/yr. Marathon,FL 33050 Plantation Key,Jail 53 High Point Road $1,243.64 cost/yr. Tavernier, FL 33070 Marathon Jail 3981 Ocean Terrace $1.243.64 cost/yr. Marathon, FL 33050 The following buildings will require(1) One Annual Inspection and (3)Three Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Page 2 of 24 Full Maintenance Program-Fire Protection Systems Monroe County Main Courthouse 500 Whitehead Street $1,036.40 cost/yr. Key West,FL 33040 • Monroe County Sheriff 5525 College Road $ 829.08 cost/yr. Administration Bldg. Key West,FL 33040 Dept. of Juvenile Justice Building 5503 College Road $1,450.92 cost/yr. Key West,FL 33040 . .�. . . ,,__Bayshore Manor._, . ,.. 5200,College Road ,__$.621.80 cost/yr. .r_-. .._.__. . Key West, FL 33040 Freeman Justice Bldg. 302 Fleming Street $1,036.40 cost/yr. Key West,FL 33040 Murray Nelson Government Center 102050 Overseas Highway $1,036.40 cost/yr. Key Largo,FL 33037 Conch Key Fire Station 10 Conch Ave. $ 829.08 cost/yr. Conch Key,FL 33050 Big Pine Fire Station 390 Key Deer Blvd. S 829.08cost/yr. Big Pine Key,FL 33043 Stock Island Fire Station 6180 2u£'Ave, S 829.08cost/yr. Stock Island,FL 33040 I F7IEN PER FORA HNC ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT MAY BE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS. The total quarterly service amount of contract shall be Four Thousand Four Hundred-Fifty- Six Dollars and 39/100 ($4,456.39) for an annual amount of Seventeen Thousand Eight Hundred Twenty-Five Dollars and 56/100 ($17,825.56). Total Compensation to CONTRACTOR for additional services and repairs under this Agreement shall not exceed $250,000.00 unless pre-approved emergency work requiring additional funds is implemented. Contractor shall submit all invoices ►vit/s the Application for Payment form attached. There.shall be no additional charges to the Owner for travel, mileage, meals, or lodging. 3. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement is hereby amended as follows: a) This term shall commence December 11, 2018, and continue on a month-to-month basis for a period not to exceed six (6) months pending the issuance of a Request for Proposals and award of a contract. 4. Paragraph 8,FINANCIAL RECORDS OF CONTRACTOR,of the Original Agreement, is hereby amended by revising the paragraph title and further amended as follows: Page 3 of 24 Full Maintenance Program-Fire Protection Systems 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied.Records shall be retained for a period of five(5)years from the termination of this agreement or for a period of three(3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the tennination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 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 Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner'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. Owner 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 seven(7) years after Final Completion. 5. Paragraph 10, HOLD HARMLESS, INSURANCE AND LIMITATION OF LIABILITY, of the Original Agreement, is hereby amended to add the following paragraph, if applicable: 10. HOLD HARMLESS,INDEMNIFICATION, AND INSURANCE Page 4 of 24 • Full Maintenance Program-Fire Protection Systems 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) Agency's"sovereign`inmun�ty. 6. Paragraph 13, NONDISCRIMINATION, of the Original Agreement, is hereby amended to correct certain scrivener's errors, revise the paragraph title,and include the following Federal Required Contract Provisions, if applicable: 13. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY A. 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 of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes,and all local ordinances, as applicable,relating to nondiscrimination. This 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 §§ 1681-1683,and 1685- 1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§523 and 527(42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC 5 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as may be amended from time to time,relating to nondiscrimination of the basis Page 5of24 Full Maintenance Program-Fire Protection Systems 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 Al C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex, sexual orientation,gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated 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. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR,state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. Page 6 of 24 Full Maintenance Program-Fire Protection Systems 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5). The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,or orders, this contract may be canceled,terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. Paragraph 19, TERMINATION, of the Original Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable: 19. 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 CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity Page 7 of 24 Full Maintenance Program-Fire Protection Systems 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. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. E. 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. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, 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. Page 8 of 24 Full Maintenance Program-Fire Protection Systems 8. The Original Agreement is hereby amended to include the following identified as Paragraph 41, FEDERAL CONTRACT REQUIREMENTS, and Paragraphs 42 and 43, to include the following Federal Required Contract Provisions, if applicable: 41. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: ... .. . .--,::..41.1 —Clean-Air Act-(42-U S.0 7401-7674-o )-and.the-Federal-Water Pollution-Control -_:., Act (33 U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act ((42 U.S.C. §§7401-7671 q.) 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. 41.2 Davis-Bacon Act. as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000, for the construction, alteration, or repair (including painting and decorating) of public buildings or public works, 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 copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" 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. 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 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"). Page 9 of 24 Full Maintenance Program-Fire Protection Systems 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. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcont cts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 41.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty(40)hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 41.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 41.5 Debarment and Suspension(Executive Orders 12549 and 12689).A contract award (see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 Page 10 of 24 Full Maintenance Program-Fire Protection Systems that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 41.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also. disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 41.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 4 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency(EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR.shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. Other Federal Requirements: 41.8 Americans with Disabilities Act of 1990,as amended(ADA).The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 41.9 Disadvantaged Business Enterprise (DBE)Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement.The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure Page 11 of 24 Full Maintenance Program-Fire Protection Systems that DBE's have the opportunity to participate in the performance of this Agreement.In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement,seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits. which encourage participation by small and minority businesses, and women's business enterprises; v. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this section. 41.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Page 12 of 24 Full Maintenance Program-Fire Protection Systems 41.11 Fraud and False or Fraudulent or Related Acts.The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements)applies to the CONTRACTOR'S actions pertaining to this contract. 41.12 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of -the°CONTRACTOR-which-are directly pertinent-to this contract for the-purposes of making audits,examinations,excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 42. The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division), which is made a part hereof and may be found at the following link: http://fl-monroecounty.civicplus.com/Bids.aspx?Cat1D-18 43. The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extent allowed and required by law. 9. Except as set forth in paragraphs 1 through 8 of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 13 of 24 • Full Maintenance Program-Fire Protection Systems IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and �' ;yeafi Britten above. le-3! ; W ‘`, 'V t .,. "-\ , (SEAL)'=;,= BOARD OF COUNTY COMMISSIONERS Attest: LOIN MADOK, CLERK OF MONROE COUNTY, FLORIDA Deputy Clerk M, or ttIZ." " ' III yofl_et? Date: Date: 3 �► O exs..r -rt r m rn ) C7 CONTRACTOR: BLACK FIRE PROTECTION,INV. s rn Witnesses for CONTRACTOR: Signature person authorized to ignature legally bind Corporation �/ Date: //:, ..j_..:/d' LWN AO‘ b\O, \\-‘15-1% -,tveie/ - 7z,e/6• Printed Name and Date Prifit Name and T rle Address: reO/V Signature Printed Name and Date MONROE COUNTY A1TORNEY'S OFFICE gal rDASTI Fi'� PATRICIA FABLES ASSISTANT COU ADRNEY DATE: f 1,--,�'. Page 14 of 24 Full Maintenance Program•Fire Protection Systems EXHIBIT "A" DAVIS BACON WAGES Page 15 of 24 Full Maintenance Program-Fire Protection Systems DAVIS BACON WAGES General Decision Number: FL180063 08/17/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. xBUI•LDING-CONSTRUCT-IONS-PROJECTSP (does-not singleasfamily -..---: .. kuM:= - s =--• _.w, . _<- homes or apartments up to and including 4 stories) . Note: Under Executive Order CEO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date Page 16 of 24 , FuUMaintemanceProgrm-RnePromecdunSystens O 01/05/2018 1 01/12/2018 2 02/23/2018 3 03/I6/2018 4 07/06/2018 5 08/17/2018 ' OLEC0349-003 03/05/2018 Rates Fringes ELECTRICIAN 3.3.t.1 I2.3i OBGI0487-004 07/0I/2013 Rates Fringes onoRATORt Crane All Cranes Over 15 Ton Capacity. .. . ... . . $ 29.00 8^80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Uodez. . .. . . . .. . . .. . .. ..... . .,$ 22.00 6.Vo IRON0272-004 -lO/Ol/2OI7 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING S 24.09 10^10 + PAIN0365-004 08/01/2018 Rates Fringes PAINTED* Brush Only $ 20.21 10.73 Full Maintenance Program Fire Protection Systems SFFLO821-001 07/01/2018 Rato.9 Fringes SPRINKLER FITTER (Fire Sprinklers) $ 28.38 18.89 SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (H VAC Duct Installation) . . . . . . . . . . .. . .. . . — .$ 23.50 12.18 SUFL2009-059 05/22/2009 Rates Fringes CARPENTER $ 15.08 5.07 CEMENT EAASON/CONCRETE FINISHER— .$ 12.45 0.00 FENCE ERECTOR $ 9.94 0.00 LABORER: Common or General $ 8.62 0.00 LABORER: Pipelayer. . . — . . .. . . — $ 10.45 0.00 OPERATOR: Bac khoe/Excava tor $ 16.99 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) — $ 9,58 0.00 OPERATOR; Pump $ 11.00 0.00 Page 18 of 24 Full Maintenance Program-Fire Protection Systems PAINTER; Roller and Spray fi 11.21 0.00 PLUMBER. ,. . , . . .2.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. ... ... . ... . .. . .. . 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61. TRUCK DRIVER, Includes Dump and 10'Yard Haul Away, ., . . . $ 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note. Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017, If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other • Page 19 of 24 Full Maintenance Program-Fire Protection Systems health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www,dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than 'SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number Page 20 of 24 Full Maintenance Program-Fire Protection Systems where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2019. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CE3A) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates♦ LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Page 21 of 24 Full Maintenance Program-Fire Protection Systems Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data.. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) Page 22 of 24 Full Maintenance Program-Fire Protection Systems and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Page 23 of 24 Full Maintenance Program-Fire Protection Systems 4,) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION • • Page 24 of 24 a ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 1�9IDD YY ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the , certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Caroline Abel NAME: Frank H. Furman, Inc. (PHONC.n o.Extl: (954)943-5050 (NC,No): (954)942-6310 1314 East Atlantic Blvd. E-MAILSS: caroline@£urmaninsurance.com ADDRE P. O. Box 1927 INSURER(S)AFFORDING COVERAGE NAIC# Pompano Beach FL 33061 INSURER A:Underwriters at Lloyds INSURED INSURERB:MAPFRE Ins Co FL _34932 Black Fire Protection Inc INsuRERC:Associated Industries Ins Co Inc 23140 1014 SW 19th St. INSURERD: INSURER E: Ft. Lauderdale FL 33315 INSURERF: COVERAGES CERTIFICATE NUMBER:2018 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR LTR TYPE OF INSURANCE ADDL VVVD POLICY NUMBER ' SUBR POLICY EFF ; POLICY EXP {MM/DD/YYYY) ';(MM/DDlYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PR RENTED ESO PREMISES(Ea occurrence) $ 100,000 X FS00001400-01 1 / 2/2018 i 11/12/2019 MED EXP(Any one person) $ 5,000 ED RISK AGEMI NT PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: BY GENERALAGGREGATE $ 2,000,000 POLICY X jE8-F LOC „e t4� PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: kNP'11!�- . 1'hi�_� 1, $ AUTOMOBILE LIABILITY nt W YES COMBINED SINGLE LIMIT ' $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED - AUTOS X AUTOS X 5204070002356 4/1/2018 4/1/2019 BODILY INJURY(Per accident) $ NON-OWNED - PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) _ _ $ - FL Basic PIP $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE l E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 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