2nd Amendment 08/18/2021 a".3 " Kevin Madok, CPA
sl.
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: August 27, 2021
TO: Alice Steryou
Contract Monitor
FROM: Sally M. Abrams, D.C.
SUBJECT: August 18, 2021 13OCC Meeting
Attached, for your handling, is an electronic copy of Item C II, Second Amendment to
Agreement with Advance Water Technology, Corp. to renew the Chemical Water Testing and
Treatment Services contract for the second renewal of one (1)year, apply a CPI-U increase of
1.4%, and revise and/or add updated Federal required contract provisions. The new monthly
payment amount is $1,346.59. Funding is Ad Valorem.
Should you have any questions, please feel free Io contact me at ext. 3.550. Thank you.
cc:
County Attorney
Fimucc
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
SECOND AMENDMENT TO AGREEMENT FOR
CHEMICAL WATER TREATMENT AND TESTING SERVICES
MONROE COUNTY, FLORIDA
This Second Amendment to Agreement is made and entered into this 18th day of August,
2021, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE
WATER TECNOLOGY, CORP. ("CONTRACTOR"), a Florida corporation, whose principal
address is 7880 NW 176 Street, Hialeah, Florida 33015.
WHEREAS, the parties hereto did on September 16, 2015, enter into an Agreement for
Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original
Agreement"); and
WHEREAS, on August 19, 2020, the Board of County Commissioners ("BOCC") approved
the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional
one-year renewals and update certain contract provisions; and
WHEREAS, the parties desire to renew the term of the Original Agreement for an additional
one-year period and to make the annual CPI-U increase adjustment pursuant to the terms of the
Original Agreement; and
WHEREAS, the County desires to revise certain Federal Contract provisions in its contracts
and/or agreements 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,
as amended, to either revise in order to update and/or add other Federal required contract provisions
in order to ensure compliance with any Federal required contract provisions requirements; and
WHEREAS, the parties have found the Original Agreement, as amended, to be mutually
beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and
enter into this Second Amendment to Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
1. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original
Agreement, the County exercises its option to renew the Original Agreement for the second of the
five (5) one-year terms. This renewal term of the Original Agreement shall commence on September
11, 2021, and ends upon September 10, 2022, unless terminated earlier under paragraph 20 of this
Agreement.
2. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original
Agreement, the Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
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reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at
December 31 of the previous year. The CPI-U on December 31, 2020, was 1.4%.
3, In accordance with Paragraph 4.A., ADDITIONAL SERVICES, of the Original
Agreement, as amended, Additional Services for normal working hours between 8:00am and 5:00
pm Monday through Friday, excluding holidays, shall increase from $30.00 per hour to $30.42 per
hour for a technician, and shall increase from $40.00 per hour to $40.56 per hour for a technician
and helper.
4. In accordance with Paragraph 4.B., ADDITIONAL SERVICES, of the Original
Agreement, as amended, Additional Services for emergency service calls (above four per year) after
the hours stated above, including holidays, shall increase from $40.00 per hour to $40.56 per hour
for a technician, and shall increase from $50.00 per hour to $50.70 per hour for a technician and
helper.
5. In accordance with Paragraph 5.D., PAYMENTS TO CONTRACTOR, of the
Original Agreement, as amended, the monthly fee for the listed buildings shall be increased pursuant
to the CPI-U increase of 1.4%, and Paragraph 5.D. is hereby amended as follows:
D. The following buildings require monthly water treatment services:
Murray Nelson Government Center
102050 Overseas Highway, Key Largo, FL $ 177.45 per month
Monroe County Medical Examiner-Crawl Key
56639 Overseas Highway, Marathon, FL $ 40.56 per month
Harvey Government Center
1200 Truman Ave., Key West, FL $ 40.56 per month
Dept. of Juvenile Justice Building
5503 College Rd., Key West, FL $ 40.56 per month
Monroe County Sheriff Administration Building
5525 College Rd., Key West, FL $ 177.45 per month
Monroe County Detention Center on Stock Island
5501 College Rd., Key West, FL $ 557.70 per month
Jackson Square Complex
500 Whitehead St., Key West, FL $ 278.85 per month
Gato Building
1100 Simonton St., Key West, FL $ 33.46 per month
Total Per Month $ 1,346.59
The total monthly service amount of contract shall be One Thousand Three Hundred
Forty-six and 59/100 ($1,346.59) Dollars for an annual amount of Sixteen Thousand One
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Hundred Fifty-nine and 08/100 ($16,159.08) Dollars. Total Compensation to
CONTRACTOR for additional services and repairs under this Agreement shall not
exceed Twenty-five Thousand and 00/100 ($25,000.00) Dollars per year unless pre-
approved emergency work requiring additional funds is implemented.
6. Paragraph 13, NONDISCRIMINATION/EQUAL EMPLOYMENT
OPPORTUNITY, of the Original Agreement, as amended, is hereby amended to delete the current
paragraph 13 as set forth in the First Amendment, and replace it in its entirety with the following
paragraph:
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 ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of 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 Civil
Rights Act of 1968 (42 USC s. 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 of the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246
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Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part
60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows:
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 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.
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 advising the SAID labor union or workers'
representative of the CONTRACTOR'S commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
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.
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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 administering 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 the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
8) The CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (1) and the provision of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The CONTRACTOR will take such action with respect
to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the CONTRACTOR may request the United
States to enter into such litigation to protect the interests of the United States.
7. Paragraph 44.1, Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water
Pollution Control Act (33 U.S.C. §§1251-1387), of the Original Agreement, as amended, is hereby
amended to delete the current paragraph 44.1, as set forth in the First Amendment, and replace it in
its entirety with the following paragraph:
44.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. §§1251-13 87). CONTRACTOR agrees to comply with
all applicable standards, orders, or regulations issued pursuant to the Clean Air
Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA/Federal Agency and the appropriate Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C.
§§7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. §§1251-1387) as amended, applies to Contracts and subgrants of
amounts in excess of $150,000.00. The contractor agrees to include these
requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance provided by FEMA/Federal agency. The contractor
agrees to report each violation to the COUNTY and understands and agrees that
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the COUNTY will, in turn, report each violation as required to assure
notification to FEMA/Federal Agency and the appropriate EPA Regional Office.
8. Paragraph 44.2, Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148), of the
Original Agreement, as amended, is hereby amended to delete the current paragraph 44.2, as set forth
in the First Amendment, and replace it in its entirety with the following paragraph:
44.2 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, in contracts for construction or repair work above
$2,000 in situations where the Davis-Bacon also applies, must also comply with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited
from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to
the Federal awarding agency. 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) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable,
which are incorporated by reference into this contract.
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ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may by
appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime
CONTRACTOR shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all of these contract clauses.
iii) 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.
Additionally, in accordance with the regulation, each contractor and subcontractor
must furnish each week a statement with respect to the wages paid each of its
employees engaged in work covered by the Copeland Anti-Kickback Act and the
Davis Bacon Act during the preceding weekly payroll period. The report shall be
delivered by the contractor or subcontractor, within seven days after the regular
payment date of the payroll period, to a representative of a Federal or State agency
in charge at the site of the building or work.
9. Paragraph 44.3, Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-
3708), of the Original Agreement, as amended, is hereby amended to delete the current paragraph
44.3, as set forth in the First Amendment, and replace it in its entirety with the following paragraph:
44.3 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.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of
$27 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph(b)(1) of this
section.
(3) Withholding for unpaid wages and liquidated damages. The R°X1 No41 ag °!iirii�:y
shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1)through (4)
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs 29 C.F.R. 5.5 (1)through(4).
10. Paragraph 44.5, Debarment and Suspension (Executive Orders 12549 and 12689), of
the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.5, as set
forth in the First Amendment, and replace it in its entirety with the following paragraph:
44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract
award under a "covered transaction" (see 2 C.F.R. §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 C.F.R. Part 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" and the Department of
Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement 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. SAM exclusions
can be accessed at ....................................,..sam..gYov. Contractor is required to verify that none of the
contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2
C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined
at 2 C.F.R. §180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C
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and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into. This certification is a
material representation of fact relied upon by the COUNTY. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or
Proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
11. Paragraph 44.6, Byrd Anti-Lobbying Amendment (31 U.S.C. §1352), of the Original
Agreement, as amended, is hereby amended to delete the current paragraph 44.6, as set forth in the
First Amendment, and replace it in its entirety with the following paragraph:
44.6 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 recipient who in turn will forward the certification(s) to the
awarding agency. If award exceeds $100,000, the attached certification must be
signed and submitted by the Contractor to the County.
12. Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in
2 CFR § 200.322, of the Original Agreement, as amended, is hereby amended to delete the current
paragraph 44.7, as set forth in the First Amendment, and replace it in its entirety with the following
paragraph:
44.7 Compliance 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 CFR 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. In
the performance of this contract, the Contractor shall make maximum use of products
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containing recovered materials that are EPA-designated items unless the product
cannot be acquired
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
baps://www.epa.gov/smm/comprehensive procurement guideline cpg program.
The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
13. Paragraph 44.9, E-Verify System, of the Original Agreement, as amended, is hereby
amended to delete the current paragraph 44.9, as set forth in the First Amendment, and replace it in
its entirety with the following paragraph:
44.9 E-Verify System - Beginning January 1, 2021, in accordance with F.S. Sec.
448.095, the Contractor and any subcontractor shall register with and shall utilize the
U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all
new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. The Contractor shall comply
with and be subject to the provisions of F.S. Sec. 448.095.
14. Paragraph 44.13, Department of Homeland Security DHS) Seal, Logo, and Flags, of
the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.13, as set
forth in the First Amendment, and replace it in its entirety with the following paragraph:
44.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. The
CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval. The
Contractor shall include this provision in any subcontracts.
15. Paragraph 44.14, Compliance with Federal Law, Regulations, and Executive Order, of
the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.14, as set
forth in the First Amendment, and replace it in its entirety with the following paragraph:
44.14 Compliance with Federal Law, Regulations, and Executive Order. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion
of the contract. The CONTRACTOR will comply will all applicable federal law,
regulations, executive orders, FEMA policies, procedures, and directives.
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10
16. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 44.17, Program Fraud and False or Fraudulent Statements or Related Acts, and shall read
as follows:
44.17 Program Fraud and False or Fraudulent Statements 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.
17. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 44.18, Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment as set forth in 2 C.F.R. § 200.216, and shall read as follows:
44.18 Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment as set forth in 2 C.F.R. § 200.216. Recipients and subrecipients
and their contractors and subcontractors may not obligate or expend any federal
funds to (1)Procure or obtain; (2)Extend or renew a contract to procure or obtain;
or(3)Enter into a contract(or extend or renew a contract)to procure or obtain
equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology
as part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
(i)For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities
or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
18. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 44.19, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, and shall
read as follows:
44.19 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The
COUNTY and CONTRACTOR should, to the great extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). These requirements of this section must be
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
11
included in all subawards including contracts and purchase orders for work or
products under federal award. For purposes of thn s sec on:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States. (2) "Manufactured products" means items and
construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
19. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 48, UNCONTROLLABLE CIRCUMSTANCE, and shall read as follows:
48. UNCONTROLLABLE CIRCUMSTANCE.
Anv delav or failure of either Party to perform its obligations under this Agreement
will be excused to the extent that the delay or failure was caused directly by an event
beyond such Party's control. without such Partv's fault or neRliRence and that by its
nature could not have been foreseen by such Party or, if it could have been foreseen,
was unavoidable: (a) acts of(mod; (b) flood, fire, earthquake, explosion, tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or acts, not, or
other civil unrest in the geographic area of the Project; (d) government order or law in
the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or
after the date of this Agreement; (f) action by any governmental authority prohibiting
work in the ReoRraphic area of the Proiect(each, a "Uncontrollable Circumstance").
CONTRACTOR'S financial inability to perform, changes in cost or availability of
materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor
shall Rive County written notice within 7 days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated
duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts
to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek a no cost Change Order for such reasonable time as the
Owners Representative may determine.
20. Except as set forth in Paragraphs 1 through 19 of this Second Amendment to
Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as
amended, shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
12
-*et. t 4 IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year
_ -n above.
BOARD OF COUNTY COMMISSIONERS
+ : KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA,
' n LESSOR
n
By� /1 M r//, //'W'4'L5- By
As DeQ Clerk
�� �� a
••MM"
Date D81 I S :j1
ADVANCE WATER TECHNOLOGY CORP.,
LESSEE
12 By ` .. , V( it s-t,
fitness tgnature Signature of person authorized to legally
bind corporation
R of 305-LC 4" AA drin Morn (vimfµr
Witness Printed 'ame Print Name and Title
(ffikr,t: at Lard
Witness Signature
,{
L, \tClnne
Witness Printed Name cm
c ti
MOtIDOECOUlYA�Ems— J
FSf�1AML�Ni✓j 0
MICR EWA
ASSISTMT DOWDY ATTORNEY
MIE: 8/02/902I
13
EXHIBIT "A"
Davis-Bacon Wage Statement
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14
"General Decision Number : FL20210022 07/09/2021
Superseded General Decision Number : FL20200022
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 . 95 for calendar year 2021 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 . 95 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
2021 . If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the
wage rate determined through the conformance process set forth
in 29 CFI 5 . 5 (a) ( 1) (ii) (or the EO minimum wage rate, if it is
higher than the conformed wage rate) . 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 CFI
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 01/01/2021
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15
1 01/22/2021
2 06/18/2021
3 07/09/2021
ELEC0349-003 09/01/2020
Rates Fringes
ELECTRICIAN ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 36 . 36 11 . 82
--------------------------------------------------------------
ENG10487-004 07/01/2013
Rates Fringes
OPERATOR® Crane
All Cranes Over 15 Ton
Capacity ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and.
Under ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 22 . 00 8 . 80
--------------------------------------------------------------
IRON0272-004 10/01/2020
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 25 . 79 13 . 34
--------------------------------------------------------------
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER : Brush Only® ® ® ® ® ® ® ® ® ® ® ® ® $ 20 . 21 12 . 38
--------------------------------------------------------------
* SFFL0821-001 07/01/2021
Rates Fringes
SPRINKLER. FITTER. (Fire
Sprinklers) ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 30 ® 63 20 ® 55
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
16
--------------------------------------------------------------
SHEE0032-003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 23 . 50 12 . 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
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17
--------------------------------------------------------------
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
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
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
(29CFB 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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
18
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 SUITIT 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 "",S)U"" 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 ®
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
19
Survey wage rates are not updated and remain in effect until a
new survey is conducted®
Union Average Rate Identifiers
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 ® }
and 3 ® } should be followed®
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20
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 CFI Part 1 ® 8 and 29 CFI 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
4 ® } All decisions by the Administrative Review Board are
final ®
--------------------------------------------------------------
END OF GENERAL DECISION"
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
21
EXHIBIT 661199
Byrd Anti-Lobbying Certification
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
22
APPENDIX A, 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or, attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connec on with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal lean, the entering into of any cooperadve
agreement, and the extension, continuuadon, renewal, amendment, or modificadon of any
Federal contract, grant, lean, or cooperadve agreement.
2. If any funds o-their thuain Il:::edeirall alb piropilated funds Ihuave been IpaH or wiillll
be paid to any person for influencing or,attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connec on with this Federal contract, grant, lean, or-cooperative
agreement, the undersigned shall complete and submit Standard Form l LL, "Disclosure Form
to Report Lobbying" in accordance with its instruucdons.
3. "r1he uindeir,si ined shall irequ ire that the (lain ua, e of thhis ceirtff cad oin be
included in the award documents for all suu.bawards at all triers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperadve agreements) and that all
subrecipients shall certify and disclose accordingly. "1'Ns certlficadon is a material
representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission oftNs certlficadon is a prerequisite for making or entering into this
transacdon imposed by secdon l352, title 3 1, 1..T.S. Code. Any person who fails to lisle the
required cerdficadon shall be subject to a civil penalty of not less than $l 0,000 and not more
than $100,000 for each such failure.
The Contractor , certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official Date
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
23
DIS(:',.'LOSIL7RE Of LOBBYING ACMITEES
COMM-7,77-75,71 1 FORA t TO DISKLOSE,LOBBYNG A,4,-"M177TES FURSUWT TO 311,USA ,'."'1'512
L, Ti,-13,*of Fed,ex-d Actiiomr 2 Stntusof Fed,ex-d -Actiom 3,., Repurt TN,-pe,:
p 3, ContracT. =a.hloffEr"R �plica"tom =a in�ial.
b -TELl' b nu'rrin�l WWI b Matzriilchhnge'
For Ifalerilall Clamge.OMIT,:
e. [Ozm T"Imamtee, y em—
t [Ozm in'n=::e date of Lvit i epa rt
4. NamR.amd Address d"REP" OThng Esff�y S.
Enter Namie and Address of Primf.:
ElItiule ElSubammdeia
T:iez if known
Caugesuma,s]District,it mow Camgressiamill District,if known
6. FederA,DepartmesUAginicy: '7� Fedeval Pragr2M,NAMLYMI.Mlpfimu:
CFDA.Number ffzp�p1cablie
8,. Federal Action Number,if known,: 9a Avard Amound,if known:
M ii. amit,and Iddiress of Lobby, Entity b. ludhiduals,Performing SlFmiies (�c)zln—g
(If individaiii2,his name,fin't name,,MT) addzais ffliffparaul Emm.No. Hh)
cla tr name, an't na,um,"MT)
(ava,ch Conhmuation Siheef.():if necps-i',Irv),
1L Amountof'Piymi-.nt(cb*z Ic 0 thM ippily) El. Type of'Piymezi((",UK Ic 0 ffixt 1p Ily),p
o mminer
'Fic"lal. aued F � F
F-I b. ame-dme,lee
11 Fa of Paymemi(ChKlii all that applv): C. COUM-L'-J'ou
F-1 a t:3 d. t:mfiLg'entf*e
b in-kind., speddy: nanza e dahTrsd
va]me f,
14. BTiel"Descr-ip°bnmiaf"Ser-.i,ces Performed ortmbeperf6rmiediudD,ate(,,)efSedMI'lle,zmclajdimg
(Filla,ch Contmuahon Sheer,.'s) if necessary)
I& Yes ❑ No El
16. IE=, dou nqw-vtd.&znngh ffiis fiam i,a,amffianzAd,by
Tithe 31 U,SA'� Sactim IM, T=
1pno IT
rl;13m-g Luz pbrgd,by tha,6az a, n,,4 whan,hi,w,trmsaiofinn
mas mad,;w waland.iniv, M,,a,diurlasun ia, Plint Name'�
pim"UMMt t.0.1"' U'S 1352, M.s,1wbM"Z6013,miU b'4
mpomt;d.to Cczg&s�%o=i=aU.v and.mL bs nnaillabla,f6:r
FRIUSIDIPGO:tDO 7f PWICM WhO fuh to Ek&hs Nqa lk Ti-1
lhau.lbi;;'TAYj';lCt.I'D 1,C-illl P;aau v'Of'MIDt IAGS zm
MCI Mad MM warr,th2m 11", '10 lw� Telz 00 XG far'&3sh YU'Zh fidi. phone No. Ddl'e:
A�xthohzsd for Loca2 PygrNhchon
FeA rnl Use, S&Iandmd Form.-
-----------
2-6c PAIRTICOUIN7Y
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such
payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing
and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier
of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the
prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency
name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the
application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the
award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influenced the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First
Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item
10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material
change report,enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and
value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)
of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify
the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the
Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90«ENDID>
2-6d PART 2/COUNTY
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25