Item C01
C.1
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
December 19, 2018
Agenda Item Number: C.1
Agenda Item Summary #4254
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING: Approval of Fourth Amendment to Agreement to update current
revisions pursuant to ordinances and Federal required contract provisions and third renewal to
include CPI-U increase with EE & G Environmental Services, LLC for professional beach cleaning
at Higgs Beach, Key West. TDC is the funding source.
ITEM BACKGROUND: Requesting approval of a Fourth Amendment to Agreement with EE & G
Environmental Services, LLC, to update current revisions pursuant to ordinances and Federal
required contract provisions, increase the contract amount by the annual CPI-U of 2.1%, and renew
the term for the third of three (3) optional one (1) year renewals. The new term will commence
retro-active to December 1, 2018, and ends on November 30, 2019.
PREVIOUS RELEVANT BOCC ACTION:
November 18, 2014 BOCC approved award of bid and contract with EE & G Environmental
Services, LLC. The agreement provides for three (3) optional (1) one year
renewals.
January 20, 2016 BOCC approved a CPI-U adjustment of .8%.
October 19, 2016 BOCC approved a CPI-U adjustment of .7% and the first optional one (1)
year renewal.
November 18, 2017 BOCC approved a CPI-U adjustment of 2.1% and the second optional one
(1) year renewal.
CONTRACT/AGREEMENT CHANGES:
4th Amendment to Agreement with EE&G to update current revisions pursuant to ordinances and
Federal required contract provisions, CPI increase and 3rd renewal.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
4th Amendment to Agreement - EE&G
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C.1
Certificate of Insurance EE&G Environmental Services, LLC
Third Amendment- EEG
2nd Amend 1st Renewal EE&G Environmental Services, LLC
1st Amendment EE&G Environmental Services, LLC
Bid Award Agreement EE&G Environmental Services, LLC. Higgs Beach Cleaning
FINANCIAL IMPACT:
Effective Date: December 01, 2018
Expiration Date: November 30, 2019
Total Dollar Value of Contract: $141,634.80/yr. or $11,802.90/month
Total Cost to County: $141,634.80/yr. or $11,802.90/month
Current Year Portion: FY19 - $118,029.00
Budgeted: Yes
Source of Funds: TDC
CPI: Yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details: Requesting approval to add Federal Provisions to Agreement
TDC Funding-N/A
11/14/17 117-77040 · TDC BRICKS & MORTAR 117 $138,721.68
REVIEWED BY:
Patricia Eables Completed 12/04/2018 11:56 AM
William DeSantis Completed 12/04/2018 3:19 PM
Budget and Finance Completed 12/04/2018 3:54 PM
Maria Slavik Completed 12/04/2018 3:59 PM
Kathy Peters Completed 12/04/2018 4:02 PM
Board of County Commissioners Pending 12/19/2018 9:00 AM
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FOURTHAMENDMENTTO AGREEMENT
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION
HIGGS BEACH, KEY WEST,MONROE COUNTY, FLORIDA
THIS FOURTHAMENDMENTTO AGREEMENTis made and entered into this 20th
day of November, 2018, between MONROE COUNTY, FLORIDA(“COUNTY”), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, and EE&G ENVIRONMENTAL SERVICES, LLC(“CONTRACTOR”), aFlorida
limited liability company, whose address is 5751 Miami Lakes Drive East, Miami, Lakes, Florida
33014,and a local address of 6810 Front Street, Key West, Florida33040.
WHEREAS,the parties hereto did on November 18, 2014,enter into an agreement to
provide professional beach cleaning, maintenance,and beautificationservices atHiggs Beach, Key
West,Monroe County, Florida, including the children’s fenced play area/beach side on weekends
(Saturdays and Sundays)(hereinafter “Original Agreement”);and
WHEREAS, on January 20, 2016, the BOCC approved the First AmendmentAgreement,
and;
WHEREAS, on October19, 2016, the BOCC approved the SecondAmendment First
Renewal Agreement,and;
WHEREAS, on November14, 2017, the BOCC approved the ThirdAmendment Second
Renewal Agreement; and
WHEREAS, the parties desire to amend the Original Agreement to increase payment
amounts by the CPI-Uincreaseof 2.1%,andto renew the Agreement for the third of three (3)
optional one(1)year renewals;and
WHEREAS, County desires to revise language in its contracts and/or agreements for Public
Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative
revisions to §119.0701 which became effective March 8, 2016, and any subsequent changes thereto;
and
WHEREAS, County desires to revise the Public Records, Maintenance of Records,Non-
Discrimination, Indemnification, and Termination clauses in its contracts and/or agreement to
update and/or add current revisions pursuant to its ordinances and/or Federal Required Contract
Provisions; and
WHEREAS, Contractor agrees and consents to such revisions in its Agreement to correct
errors and ensure compliance with the Public Records, Indemnification, Maintenance of Records,
Non-Discrimination, and Termination clauses, and compliance with Federal Required Contract
Provisions requirements; and
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the
scrivener’s errors, Public Records, Maintenance of Records, Indemnification, Non-Discrimination,
and Termination compliance clauses, and Federal Required Contract Provisions; and
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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 Fourth
Amendmentto Agreement;
NOW THEREFORE, IN CONSIDERATIONof the mutual promises and covenants
contained herein, it is agreed as follows:
1.In accordance with Paragraphs 3 and 4 of the Original Agreement, the County
exercises the option to amend the Agreementand the contract amount shall beadjustedannuallyin
accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index
(CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31
of the previous year of 2.1% with paymentsincreasing from $11,560.14per monthto $11,802.90
per month; from $138,721.68to $141,634.80annually; and from $720.28per hour emergencies to
$735.41,with an effective date of December 1,2018.
2.In accordance with Paragraph4 of the Original Agreement,the County exercises its
option to renewthe agreement for the thirdofthree(3)optional one(1)year periods. This renewal
shall commence on December 1, 2018,and ends upon November 30, 2019, unless terminated earlier
under paragraph 18 of the OriginalAgreement.
3.Paragraph 6 of the Original Agreement, FINANCIAL RECORDS OF
CONTRACTOR, shall be amended as follows:
6.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 termination of this Agreement. If an auditor employed by the County
or Clerk determines that monies paid to Contractor pursuant to this Agreement were
spent for purposes not authorized by this Agreement, or were wrongfully retained by
the Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies
were paid to Contractor.
Right to Audit.
Availabilityof 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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
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
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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.
4.Paragraph 7, PUBLIC ACCESS, of the Original Agreement,shall be revised as
follows:
7.Public Records Compliance.Contractor must complywith Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section
24 of article I of the Constitution of Florida. The County and Contractor shall allow
and permit reasonable access to, and inspection of, all documents, records, papers,
letters or other “public record” materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of thiscontract 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 surviveany
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 F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1)Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County’s custodian of records, provide the County with a
copy of the requested records or allow therecords to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3)Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4)Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
destroy 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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from theCounty’s custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
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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 recordscontract provisions in accordance with the contract,
notwithstanding the County’s option and right to unilaterally cancel this contract
upon violation of this provision by the Contractor. A Contractor who fails to provide
the public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-
TH
FL.GOV, MONROE COUNTY ATTORNEY’S OFFICE 1111 12
Street, SUITE 408, KEY WEST, FL 33040.
5.Paragraph 8, HOLD HARMLESS AND INSURANCE, of the Original Agreement,
is hereby amended as follows:
8.HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the
COUNTY’s elected and appointed officers and employees harmless from and against
(i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii)
any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Contractor or any of its employees, agents, contractors or other invitees
during the term of this Agreement, (B) the negligence or recklessness, intentional
wrongful misconduct, errors or other wrongful act or omission of Contractor or any
of its employees, agents, sub-contractorsor other invitees, or (C) Contractor's default
in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from theintentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees
(other than Contractor). The monetary limitation of liability under this contract shall
be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement, this section
will survive the expiration of the term of this Agreement or any earlier termination of
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
this Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor s failure to purchase or maintain
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the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring
thereby and shall further defend any claim or action on the County’s behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
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 immunity.
WORKERSCOMPENSATION AND EMPLOYER’S LIABILITY INSURANCE.
When applicable, coverage to apply for all employees at a minimum statutory limits
as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE.
Motor vehicle liability insurance, including applicable no-fault coverage, with limits
of liability of not less than $100,000.00per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. If single limits are provided,
the minimum acceptable limits are $100,000.00per person, $300,000.00per
occurrence, and $50,000.00property damage. Coverage shall include all owned
vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage
with limits of liability of not less than $100,000.00per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability.
6.Paragraph 11 of the Original Agreement, NONDISCRIMINATION, is revised inits
entirety to read as follows:
11.NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
without any further action on 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. These include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
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discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on thebasis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
EmploymentOpportunity(30Fed.Reg.12319, 12935, 3 C.F.R.Part,1964-1965Comp.,p.
339),asamendedbyExecutiveOrder11375,AmendingExecutive Order11246Relatingto
EqualEmploymentOpportunity,andimplementingregulationsat41C.F.R.Part60(Officeof
FederalContract CompliancePrograms,EqualEmploymentOpportunity,Departmentof
Labor).See 2C.F.R.Part200,AppendixII,¶C, agrees as follows:
1.The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided 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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
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
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other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
4.The contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contractor 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 thenotice in conspicuous
places available to employees and applicants for employment.
5.The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6.The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
7.In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
7.Paragraph 18, TERMINATION,of the Original Agreement,is hereby amended to
include the following Federal Required Contract Provisions, if applicable:
18.TERMINATION
A.In the event that the CONTRACTORshall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement afterfive(5)days’written notification
to the CONTRACTOR.
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
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
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agreement for cause with CONTRACTORshould CONTRACTORfail 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 CONTRACTORwith five (5) calendar days’
notice and provide the CONTRACTORwith 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 CONTRACTORthe
sum due the CONTRACTORunder 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 CONTRACTORshall 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 seven (7)days’ notice toCONTRACTOR. The COUNTY may also terminate
this agreement for cause with CONTRACTORshould CONTRACTORfail to perform the
covenants herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, theCOUNTY shall provide CONTRACTORwith five (5)
calendar days’ notice and provide the CONTRACTORwith 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
CONTRACTORthe sum due the CONTRACTORunder 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 CONTRACTORshall not exceed the spending cap in this Agreement.
In addition, the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to pursue a
claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al. of
the Monroe County Code.
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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) main taining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
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8.The Original Agreement is hereby amended to include the following identified as
Paragraph 39, FEDERAL CONTRACT REQUIREMENTS, and Paragraphs 40 and 41, to
include the following Federal Required Contract Provisions, if applicable:
39.FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable,
as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R. Part 200, as
amended including but not limited to:
39.1Clean Air Act (42 U.S.C. §§7401-7671q) 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. §§7401-7671q) 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.
39.2Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148).If applicable, when
required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-
3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the COUNTY must place a
current prevailing wage determination issued by the Department of Labor in each
solicitation, and same is 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. Whenrequired 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 Departmentof Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). As required by the Act, each contractor or subrecipient is
prohibited from inducing, by any means, any person employed in the construction,
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
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 Federalawarding agency.
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(1) Contractor. The contractorshallcomplywith 18U.S.C.§ 874, 40 U.S.C.§ 3145,
andtherequirementsof29C.F.R.pt. 3asmaybeapplicable,which areincorporated
byreference into thiscontract.
(2) Subcontracts.The contractororsubcontractorshallinsertin anysubcontractsthe
clauseabove andsuchotherclausesastheFEMAmaybyappropriateinstructions
require,andalsoaclauserequiringthesubcontractorsto includethese clausesin any
lowertiersubcontracts.Theprimecontractorshallberesponsibleforthecompliance
byanysubcontractororlowertier subcontractorwithallofthese contractclauses.
(3) Breach.Abreachofthecontractclausesabovemaybegroundsforterminationof
thecontract,andfordebarmentasacontractorandsubcontractorasprovidedin 29
C.F.R.§ 5.12.
39.3Contract 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 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 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.
39.4Rights 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.
39.5Debarment and Suspension (Executive Orders 12549 and 12689).A contract
award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
39.6Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).Contractors that apply or
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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.
39.7Compliance with Procurement of recovered materials as set forth in 2 CFR §
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.
OTHER FEDERAL REQUIREMENTS:
39.8Americans with Disabilities Act of 1990 (ADA).The CONTRACTOR will comply
with all the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
39.9Disadvantaged 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 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 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 into
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, withthe 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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
firms are used whenever possible.
b.Affirmative steps must include:
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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.
39.10The Contractor shall utilize the U.S.Department of Homeland Security’sE-Verify
system to verifythe employment eligibility ofallnewemployeeshiredbytheContractor
during the termof the Contract andshallexpresslyrequireanysubcontractorsperforming
work or providing services pursuant totheContracttolikewiseutilize the U.S. Department
of Homeland Security’s E-Verify system to verify the employment eligibility of all new
employeeshiredbythesubcontractorduringtheContractterm.
39.11Fraud 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.
39.12Access 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.
40.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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
Management (Division), which is made a part hereofand may be found at the following
link:
http://fl-monroecounty.civicplus.com/Bids.aspx?CatID=18
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Exhibit A
Department of Labor Wage Determination
General Decision Number: FL180063 08/17/2018 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 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 EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.35per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
202/23/2018
3 03/16/2018
4 07/06/2018
5 08/17/2018
ELEC0349-003 03/05/2018
Rates Fringes
ELECTRICIAN......................$ 33.11 12.31
----------------------------------------------------------------
ENGI0487-004 07/01/2013
Rates Fringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity....................$ 29.008.80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under.......................$ 22.00 8.80
----------------------------------------------------------------
IRON0272-004 10/01/2017
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING......................$ 24.89 10.10
----------------------------------------------------------------
* PAIN0365-004 08/01/2018
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Rates Fringes
PAINTER: Brush Only.............$ 20.21 10.73
----------------------------------------------------------------
SFFL0821-001 07/01/2018
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 28.38 18.89
----------------------------------------------------------------
SHEE0032-003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation)....................$ 23.5012.18
----------------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER........................$ 15.08 5.07
CEMENT MASON/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: Backhoe/Excavator.....$ 16.98 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 9.58 0.00
OPERATOR: Pump..................$ 11.00 0.00
PAINTER: Roller and Spray.......$ 11.21 0.00
PLUMBER..........................$ 12.27 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 EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
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
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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
(weightedunion 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
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,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) 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 underthat identifier.
Survey wage rates are not updated and remain in effect until a
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
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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.)
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
Attachment: 4th Amendment to Agreement - EE&G (4th Amendment to Agreement with EE&G -Federal Provisions)
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
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