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Item E01 �s E.1 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting November 17, 2021 Agenda Item Number: E.1 Agenda Item Summary #3433 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 N/A AGENDA ITEM WORDING: Approval of a First Amendment to Agreement with Maverick United Elevator, LLC, for complete Elevator and Lift Service, Maintenance and Repairs, to exercise the first optional one-year renewal, provide for a 1.4% CPI-U increase, and update or add Federal Provisions. Funding is Ad Valorem. ITEM BACKGROUND: On November 20, 2019, the BOCC approved a bid award agreement with Maverick United Elevator, LLC, ("Maverick Elevator") to provide complete Elevator and Lift Service, Maintenance, and Repairs for certain County facilities. The initial term of the Contract was for two (2) years commencing December 1, 2019, and terminating on November 30, 2021. The County has an option to renew the Agreement for an additional three (3) one-year periods. The total compensation annually, funded through ad valorem taxes, for the monthly and annual inspections, service, maintenance, and repairs shall not exceed $175,000.00. This First Amendment with Maverick Elevator is for the first optional one (1) year renewal with a new contract term to commence on December 1, 2021, and terminate on November 30, 2022. The Amendment also provides for an annual CPI-U increase, pursuant to the terms of the Agreement, of 1.4% CPI-U based on the rate on December 31, 2020. The 1.4% increase applies to the monthly and annual inspection fees and the Additional Service Rates for normal working hours and overtime rates as noted in the Amendment. This Amendment also updates and/or adds other Federal Provisions to bring the Contract current. PREVIOUS RELEVANT BOCC ACTION: November 20, 2019 BOCC approved a bid award Agreement with Maverick United Elevator, LLC, for elevator and lift service, maintenance and repairs, which commenced on December 1, 2019, and expires on November 30, 2021. The total compensation annually for the monthly and annual inspections, service, maintenance, and repairs shall not exceed $175,000.00. CONTRACT/AGREEMENT CHANGES: First Amendment to Agreement for the first optional one year renewal, a 1.4% CPI-U increase, and update or add Federal Provisions. Packet,Pg. 26 E.1 STAFF RECOMMENDATION: Approval DOCUMENTATION: First Amendment with Maverick 10-20-21 (partially executed with corrected exhibits) 11/20/2019 Agreement FINANCIAL IMPACT: Effective Date: December 1, 2021 Expiration Date: November 30, 2022 Total Dollar Value of Contract: $175,000.00 annually Total Cost to County: $175,000.00 annually Current Year Portion: $145,833.30 Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: Approval of first of three optional 1 year renewals and a CPI-U increase of 1.4%. 11/22/16 001-20501 - FACILITIES MAINTENANCE $80,000.00 11/22/16 101-20505 - CORRECTION FACILITIES $80,000.00 11/22/16 147-20503 - UNINC PARKS & BEACHES $15,000.00 Total: $175,000.00 REVIEWED BY: Patricia Eables Completed 10/13/2021 10:58 AM William DeSantis Completed 10/13/2021 11:29 AM Purchasing Completed 10/14/2021 12:39 PM Maria Slavik Completed 10/18/2021 12:23 PM Budget and Finance Completed 10/26/2021 10:51 AM Liz Yongue Completed 11/02/2021 9:05 AM Board of County Commissioners Pending 11/17/2021 9:00 AM Packet,Pg. 27 E.1.a 0 SERVICE, WIN'FENANCT',AND REPAIRS NIONROE COUNTY, "this First Anwirdincnt to Agrucnrent is m €dc and entered into this 1 h cbv orNoveinbcr, 202 L bmven NION OE COLA Y, U'LO IDA ("(t>[JN 1N—L a political suldivisum of the .o Am of Horid, whose address is 1 100 Simontan Sam Kati West_ FloHda 33044 and � MAVERICK UNI'll'ED EIA WI` R. LIA: ('°C'f)N"1 RA TC)R or -WA 1T.1t.1<- L a Whia 'a Limitc>cf LicrdiM C ont/rcry. kn hose ,Idclress is 10639 N�V' 1 2 ,;"Wrcct, Nlecllcv, T'lo A& 33178. a WHERE—AS, on Nov rnher 20, _"_Ole, the C'<_}C?si'"IY and \IAVFRl(,'K cniered Into all � Agrecnicrit 1<rrC`ot7rpl tc F lee€tor'ind 1,01 Sei-vice. Ma inIcnanec, and Pepads fbi-C`oltnty f<icildi in (ncretital�tcr `"l)rigtncil ;1�ai�cieiiiwit- es r ); andkk' +, HER A.S, the Orkiinal AggreernL°rit l�)i-ovid{=d fh<it the set- is°c=s G eR,- for- ari initial tUrro- 5 vcdr tetra connri mcing Acicrnbcr L 2019. and cnding Novc=iribcr 0, 2021, unless icti-ninatccf rs Alier tinder the torms of the Agiccmcnt; and ' WHEREAS. this Mist Arneiidtrtetit is to arl'iend fire Original Agrecincrit to increase a`r'ilICIII t1i1101-1111`, b (he mintial C P1_ 1 iixrmse adjustment wA to retie", die Agrectnent lot- the first or three 1,3) (>l7ihmaL one ( i ) yvnr rene"als pursrrrmi to the tents ofthe (p ghwl Agreci tent; � and WHERE AR the Wruy desires to include addilimial Fede-W Contract provisions in its Ct)iliN"s In w tk{'w nictas Laid to Uj)dale 0nt1'0a add urreirt ieE tSiOits 1)LI1' l.lMlt t(, itti o[E,dila,iltec'S x gird or liederal recli€irc.cl c0nn—Act pR isAms aml such reN ishms are required to tipdate 111c Dril_Ald � A ,,€'erircitrt; ;€trcl VkWER�AS, fire G`t7N E I AC' INA agi c , Et]ld co n.,s rlts to `,filch IV\imms in As 4fri< mil CL grunriicin irs to rc°rie"ol of its tciin ol' the at recirrunt, to increase tire paymcni f.€inottirt., aircl to � rCCiSC ihc� Fccicl-A cor unct prox isAms. and � %WEREAS, Me parttcs have found the ( ipheal Agmement to be mUtU illy leer€ctickk mid01 � kNIHER;FASw the par-tics f`iricl it tvotilcl he tutaualfy beneficial to i€nrend its -`tigreetric tit: aricl � enter into this First A nrcndrncnt:. � NOW IA :R {;;li`O�RF4 11, CU,NSID i:RAINK of rite irriiti.ial promises and co .m,inN c<itrt<itircd lierciir, fire pat-tic,, ia`2rLci as (`0110w4: i . In �iceordtrine with Par,€��i~aph E, T Z't! 1 of'tf c Ori dial A�7,,ecen�ertt, ai [lit' { t Bl,N t Y e..xcivises its Option to IC(l:m We 1wirm orate 0i`ignial Agn-ccincia for the i7T':;C ()!'the "ttldtlioi<<it tlirce (_,) one-year per cods. This otrc_4v li rene"al tertir ot'tnc Chigmal Agrecmetrt shall � L'UnImcnce oil Dece>rsaher 1, 2021, and ends i€pon N'Avember 30. 2022. unless tc^nwhiated earlier �- ttirtii°I- pamgmph 20 of Ohs Ai.,meii em. UL _ Packet Pg. 28 E.1.a 2. In acw dance nth ParErgnipil 6, TERM OF AGREEMENT of the Ori<>h-A At4reenw, tl7c { `contract €+r-130ttrlt €n<t�` he atdjtrstocl anmaal[y in accotd4lrTi i; "Ith the peacuzltEage change in the Uj a� LES. 1kpar°tn nt of ('onw-lerce ConSUH-1 r` Price lnclex for all Man C'onSWOMs (C'1'i-U) IN 19 repoed by the t_.S. RLH-Carr of L- abor `statistics and :ill H he based upon the C PI-t_' computation at Mccnibcr31 o the prNow vam "1ll , C`( WU on Deccrnbcr 31, 2020, was, ➢d °%o. 3. in acc:orcklrice nth 1';u graph 5 It PAVNI N 1 S 1) CON"( RAC"I'�)R, of the Original Agreement. the numthly andannual inspection fcc s for the Moltroc County EICv ators and Lifts' in .o the Wkhngs listed below aind the Additional Service: Rates fcrr Imberr [or normal working hours and the (n rtivne relic shall be increased IotrrstrEant to the UPIM increase of 1. `%, effective as ill' 'a Ik erahber 1, 2021, and 14r<I;gniplr 5,1). is hcrcby ,.nncndCd as Wows: a it The coal o4 Iribor t.r ed by the E Awaracm to AM the erb1i17:at on of We OwinEtct � "All he cal Mated trS&g the Unit IlHCCS SUI Ann in the C`ontraMu"s bid as Mow: Moue oust elevators and Chia to be serviced jyj1de,but are not htrnite o t E! fAlolvinyl iL. 1 Serial r a. i¢ t rly Annual 0 ar�rdit s - t��.��`A tO Number �,. inspection Cee lilicatlon .o Nlorlr<rc C:crtrrM 502 Whitche°ad A. Key - �7 I 1�) _I. �> 1)K2 7 ` 7 1001 � ('orrttltorrn AS= West � KNOW key ( .�.1, 1Ti{71�r PATq Rd., 37641 91. C, S 71M91 � C(rl,ri huu,,,° X .1. laincebt 1 es(e:r 530 Whitc;head ``yt.. lacy 39 03 3 S21.91 Z Nw{IIC.`c' Htrildirrrr \v est I�1ant�tiroit Kev 1 11is 88800 Ovcr,eC a-; Hwy, 40616 7 - � S 91 26 5 21101CL � Wildho-) 1$h"111tation lie\ y��rl.rihon 2798 Overseas 1lt My, � 46473 S W6 2 J 91 ttr\�rrrr�,crrt Center vtarathcrn e4 N'lonr oc County 502 VVInI he ad `i , Key P 46`02 �, S 9106 kS 21191 02 t `our drerMC \rltle-N West _`1 Monroc'C`erttlrt� 01 ( ollcL�e° Rd., ,IwxC),) 3 `g 71X9I -- 0>1 Detcntioll ( 'cntcr ;r'6 Stock Island � Mcrrrrw C'nuntv 5501 C olleurc° Ind.., I wc)(lf) 3 S 91 76 -1 0 1(i-4 1 Dcioli;f)Ci AEIteI` Q 39 Sfirel. Jslat7c; = Records 1 536 Whrtdhcad St. 1<ov 46945 ; w 91 .26 S 2 1O.91 I �rcrllty \Vcst E tilc�flr�ue C �)tlnt 5501 C'c}flE ge Rd._ 47143 7 S i?crcr1no11 r ent 1-,lane' �1oill c: C`crtmt - 501 C'ollc�� [ d., 47144 —� 91 ?C� ?1(1.c)l 1_�c°tentiort C'erltcr ;�`� �;tock 1s1ancl _ •- LL �dotZrex� C'crrzrrtY 5501 C_ ifege Rd, ' 47274 12 S 91 .26 S 21191 Dc21c111r<>r} C CntCr ,3 Sto,:k Island Packet Pg. 29 E.1.a L- _ - -- -- 0 1f9E 1i Serial MonthlyAnnual OCATIO—N Number i Landings inspection Certification UJ y�lonroc ("oun1v 5501 C'allcuc Rd- f 47275 91.26 S ?10.91 ( ici,;Iical ( cF)Ic l Stock I lExllcl - _ w - - - - _ - > "Imlroc ('omlty - �501 ColleLle R 7 n C d._ 7.2-m/C) (zl. 0 ..10.}1 Dctcifflon Ccntt r ; Stock IsLinc{ !. l lr<Itholl Airport 9=100 O cry ens I hvv... 47 34 ' , d 91.26 ?l€).1)I l`vltlr4lthon I _ - — h }I1.1: 5-5 C oi1c ,� Rd . E)El () i t, � S 91.26 210.91 E d!111nIStraI1011 Mock lsl4md `25 Co Rd- Ach-11inistYtltic}u Stock lslan�l 13�Itit111r�> i 1 tt cy (rt,"C1.1111lcnt 1x 00 I't� I)MIll � VC- Kev 51'768 3 i West est 'b( Pk"'Ilt.tllon Kcy 52 High Point Rd- 5(�I I o 91.26 10. )1 Detention C cntcl, I Plantation KC v � t�,�y 1 cst 500 Whitehead St- l�e 5(�21 E 7 � :>C).70 S '10.91 `utll t lc�tlw�c� 0 Wcst i)lll��h vattcr 11(IlItoc C Iant 500 Whitehead `I , Kcy 5GC�91 4 � 91. 'E7 10.9I t'c�rtrthc�ti�cY vl'c;�t � :? t S.00 1"widMO 1 100 Sin-lo m on St., ley r 002 1) 91 26 S 210.91 - Wcst _ x 0100 7 � - 91. 'l7 I() 9� � 1u. cr11(ct.1w"t1cc -'l j Stock Isi ind i)c~l-m111ImI! of 55t).7 (,ollc'-',c Rd" - 01608) '� )I.�(, �,,�210.91 � Stuck island Av Int1011 10100 Overseas 1 1vv ., -7 40 S 9 1 ( S v'10.91 04 1Iari��tcr � tlr<1tllon 04 r , ;o—) s lcitinVl? St-, 1,, cv Wc �t �f54. 91 ('enter 0 '1 ).9l0 Ilc� in fi , I �c � (;r'cI'm JUSHCc > t r c Ina 1) AIIStICe _'0) I"Icll-Im, `(.° Key Nest ��4-4 � 91 2E� � �i0.}t I"rccrimn JustIcc ;02 Flcmin-St- KC \k'(,S( 8 8 4 S 91 ?(, > 210.91 ('ciflcr ;,4 I'lC i,l rci w'lIcr ,€) I Ici7�iru� �t 6" �- �Fc, a� Frccml�InJusticc ,02 Flemin- St- KevWest 1�884-17 s ?If).c)1 .� IH Pine Kcv Pm-'1 ,1009 Athintls, Bi'2 I'€ e � Q44-'5 :_' ti' 91 26 S 210.91 `t,llllittlnitd ltciE . Kc'v Packet Pg. 30 E.1.a L- Ult-DI SerialLa B ri i�rc j Monthly Annual c��i LOCATION Number inspection Certification UJ lti€t<iv' f.. t.l on I();?E)5() (?vcrscll I1 �- c�4c)27 �)l.ryf} -110.91 r1l-11en t �111(1 Kc� I �Il tLo t'uhurLd Centel' rilg Pinc; Kcv Fire '90 Kcv Dccr Blvd- 971 S [.?6 S 21 1 -. Ave-I`I1-c 56 k `�;toc l� 1,,I<Inl:l`�toc I d"Illc( 55 "vcDon,,,d1« .I I KC,v Wcst LI'diIhotiae y)h WIlltelicad st... 10`966 S 50 70 '1(}.91 c E'liccicl� lir LI I't Kcv \A cst 11`rl ,Ic°sti 67"�I " `i— 1 fl`? 6 91.26 C"tun1)1u111tl t w—k Mock I land � _. - -- - F'Itst �Vla tcllo ),�0I S. I�ooscvclt 131vd. 104642 S 50,70 $ 210.91 vet 11c Icllair Lift Kee x w 'Additional Service dates: Libor - Nol im] t4'orklm€ hours t71`' ,-()() l.11"1. to ':00 li.;il., 'lE➢nda-v tllt(lll'._FII 1=1ldl ll' � CXCILICIIII", hollclllvs.- 76.0 per hour, ini�clwrl c - 1 13.57 I)Cf 110t11-. inCcl-MI)IC I-plLis 11�11�c r t} ertime r It loi hours odic[ tl rm dic norriml rorkin I, IIOLIrs 'Ts sl,..Iled C. iIz�1L€clii7<,: II<>li<:Irlvv 1.26 parr llotir. mfcchmiic 1,5Q.10 pei how-, mc°chl mic: plus helpcs.. 04 P trt4 C'osi t'lus: r l weniv pep-cent of hark up on mmnlltacturcr'w lnvoic'c cost of pD lns 0 "Ind 111atcrials (excludIlIL" h-Cight, equips-rent rentrll, ILix milounis, hcnllits, "Ind services s,L1pplied hV othc;rs'l. � `Lic;ll ts ;7 tlwt he .fo t I71 iltccl f`oI' C"Ich rc1 III ,Iiicl or rmIint t rtlic c jo1 rheas Inc ILticci With iill AppllcQttions Ior P ivmen[. ('war€actor alaall subenit iterrrk-wil laawices ria writlerlo, a� There are no additional eost.,�fi)rtr°avaal, rrrl/etrl-eY sraartrls, or la�cCR,irrri, � UL 0 t Packet Pg. 31 E.1.a 0 4. Par,rt,mj0 13, &� ISC.'RIMI A F ION, oCthe Original .'grcLmow is hereby amended to delete the Current hr na raphr 13 as so AN in (.lne Original Agrccrnent, and replace it in its Uj emirety r,vmh the following, paragraph: � y--qq y qq qq ggyypp pp}}gg g pp y ^�„ pp gg gg pp q p ttff pp Tr gg pp yy gg y g y g g .� CONTRAC` tC>F� and C f UN Y �agrcc, that [here will he no di criminalio ttgtrinst any low-mim and it is expressly understood that upon a detcrmination bye a c:ouN of competent lnrisdrefi m that discrimination has occurred. this � Agrcerricnt automatically ternmate.s "Ahout any KIM action of the Inn of E any party', e H cti v e the elate of the cot n order. C°E 1NT'R,AC"hOR £ir- Ct n lNTY c a� agrees to comply with all Rds—al and Floricia statutes, and all local ordinances. EE as appticable, rclaling to no ndiscr unin.-ition. This hiclude but m v not imided to: � 1 ) TAW V11 of the C hAl Rights wt of 11904 (P1. MS-352) "loch prohibils discrimination on the basis of raco colon err natiomrl oiigin; 2) Tide IX of the f:ducaiion :lrnendwrit of 1972, as an,endcd (20 USC ss. 168 1-16 1 and 1685- — X 1686t "Bich prohibits diseriminanon on the basis of sex: 3) SectAmi 504 of the Rchabilitafion Act of 1973, as amended (20 [1SC s. 794). Much prohibits discrimination on the basis of handicaps: 4) 'The ,-,.c Dkcrimination ,act of 1975. as amended (2 lJ SC ss. 61010 1 C17) which prohibits dischrrnination on 0 lhex basis of a`o 5) The Drug Abuse 011ice and Treatment mt or 1972 (PI. 92— 255). is m-,ended. rc°lttti g to nondiscrimination on the basis ofdrug abuse; 6) The Curnpreftcnsive Alcohol ;Abuse: and Alcoholism Prcv entio n, [ rcatmetnt raid Rehabilitation Act of 1970 (PL 91016L as amendN rcwting to 1 non1scrimiriation on Ke basis or alcohol abuse or alcoholism: 7) The Public health �c~ryice Act of 1912. ss. 523 rrrncl 527 (42 1jSC ss. 690dd-3 and 290cc- 7j, as anwrided, relating io cc>rrfidmiality of avow ind drug abusc patient CL rccotcls; f y T ide y'lll of (`01 Rg70 l .Ael of 1968 (42 USC s. w s,'q! as arnne.nded, rchning to nondrserimiriadon in the sale, rental or financing of CV housing; 9) The Annericans w�ifli Disabilitics Act of 1990 (=12 USC s. 12101 � r 1001Ciu as may Are amundud from tirnne to 10-im. rchuing to of � the bads of disability; 10) Monroe C:ournty (Axle Mom If Ankle 11. "Bich � y prohilons dimmminmion orn thy;bask of mcc;, color, sex., relrgic)rn, natK nal origin, � nrruc t;y, sexual Melnialrorr, gender identity or ;;'xpi-_`s`_�im Ti nnihal tit,r1U`: or ago I I ) ,any other nondiscrirrninatiurn p m i.sions in any Fcdcral or state s€atute.s � hich naay apply, to the par tic°s to, or the sut-jcct niatter ail, this Agreement, During) the perlftrntt ncc of this Agreement, the C Uis!TIVAC-410Z, in E accordance with Furor/ EriY)lrlrWnc I (}tYYPgrrnrti ( 30 heel. Reg. 12319, �C 12935, 3 C" F.R. Part, 19(r4 1965 C ornp., to. 39) as arnendmi by Fxc;cutive C}rder 1 1 75..4rrzc:rrrr'z,&wtr iv Mn 11246 RelaM;to Eqmd Eml)l srment LL C}1pnrlrrr6w and implernnenting re`TulaNins at 41 C`.RI . Part 60 K)Mce of � Federal Contract Compliance Programs, Equal L:rnployn-lCut Opportunity, 5 Packet Pg. 32 E.1.a Department of Labor). ,ce 2 C.F.R. Part 20( , Appendix IL q, C, tig s a Adlo s: Luj 11 IN CON°I-IAM-`C R will not thyc.r-iirrinate against my engdoyce or Wp hmam � Air c mp"}Itt\-nwm became of me c, color, Moon. sex, sexual orientathm, gender � identity, or national oris,Yin. The CONTRACTOR will take affirmativ( aetioli to ensure that applicants arc eml koycl and that c mployc:cs arc treated equally _ (Wring cmploymernl, wvrthout rcgaml to then- race, color, rcligion, .sex. semial � Wentatioil, gender identity, or ncitionEil on ;in. SLlch action shall it ChAde. but E not he lirriked to the following: fAnploq rncn , upgrad0g. cleniotio n, or tran4cr, � recruitment or recruitment advertish, layou of lc.rrarlinatiori; rates of pay or M dither Rwms of con-ipensaticm; and selection Air training, including apprenticeship. The C'0N"1 RAC`FUR agrees to past in conspicuous places, � availrible to employees and applicants for °rrnplcrv'naent, notices to be provided setting foi-th the provisions of this nondiscrirninatiorn clause. 1) The C 0'N 1 RM- l()R "AL in Al m licitatimis or ads ertiscments 1-or einploycc.s placed by or on behall'ofthe('0"IN RAC"TOIL, state that all qualified applicants hill receive consicIci'ation for emploImem "Ahout re grad to race, color, 0 rely<gicrn, sex, sexual oricnivion. �7 ��endcr idc��nirty, or national ori�rri. g) T11e (`ONTR:V'TOIZ will not ilr�-rCharue or ill r.Iny other Irrrrrrnel. discriminate aqunst any ernpkyee or applicant Or enTko %uac nt became aic In enitlhtvc or � applitam has inquircd about, discussed, or discloL,5cd the compeivatiorn of the : employce or apphcurt or another cmployc:e or applicant. This provision AM not appV to instances in "hich an ennplcryc;e, who has; access to the compen`;atim) inffwmatlon of other umplloyces or al_rplicanis as o part of such cmpk€1yec, csscrttial Q Rinclnons, chsc'loses die compensmicm of stwh other CL c=naployc.cs or applicants to individuals who do not otherwise 1lrivc ac c;es's to � such information, unless such disclosure is in response to a lbrm<tl complaint or ehctrgf,c, in turther;incc of 4r1 u1t'estisrrttioaa, proceeding''. l�r�cirin or tictiorr. inclucling an irtms6gation couckictccl by the cinlilovc-, or is consistent MY the � CONTRA(']A(']O 'S legal duty to furnish information. > 4) _I_he C O*s l-RAC f OR \e ill wend io c wh 1<ilror union c>r reprc. c°rltatr�c of � oil ers with which h has a collec;tit e bargaining agrecinent or other Contract or urictcr tfmcfirat�, a notice to be provided advising the said k1or union or�vorkc:& _ repirescnttttm of the C'C)"vTRACflOR'S commitments tinder this, section, and E shall post c(Tics op tyre ilotic{u ill colon p)icuryu, places available to Lind appirti'ants for ri1p11oyinent. _`gip The CONTRACTOR will comply with all pi}nnhiona of F?xccutic e Order- 1 1246 6 c�'n of Septe;rnber 24, 1965.. and of the ropes. rcguNhons, and relevant orders of the UL Mcrretary of labor. 6) The (` NTl ACTO R will furnish all infcirmanon and reports required by E Executive C) er 11240 of September 24, 1965, and by the rifles, regulations, � r, Packet Pg. 33 E.1.a 0 and orders of the Secretary of labor, or purswirat thercto, and will p rrnit access > to his hooks, records, and accounts by Be agency ge ncy wic[ the Luj Secretary or Labor i-or Iinrpo:es or on cm crt�in Coll with � such rules, rcaulattr}ns. atad or-ders. 7) In the event of the CON"i RAC°"I`OWS non-cornplianc°e with ilrc � nondiscrimination clauses of' this contract or witla any of die said rules, _ regulations, or orders, this contract Tarty he canceled. ierminatal- or suspended in whole, or in part and the CONTR AC"FOR may he declared incur able for = further Ciemernmenf contracts or JhdcraH assisted construction contracts in accordance with procedures authorized in Fxc;cudvc° (Ater 1 1246 of September � 24. 1965. and such cAher ,and ions may he rmpmed and rernalics in\oked as E ion"Abed bed m Fxc=cutri c: Order 1 1246 of September 24. 1965, or by male, � rc irization, or order or the Scs.rctary or Labor„ or as otherwise lards ided by la%v�. 8) -]'lie CONTRACTOR R Grill include: the ponkm of Be sentence irnnacrdiatel� preccdin`t paragraph ( I ) aml the provision ofptarag taph, ( I ) through (M) in c v ery su€)contract or purchase order unless exempted b , roles, repailations, or orders of the Secretary of L-abor issued pursuant to section 204 of I xcuitive Order 11246 Wepte raker 24, 1965, so that such prop ishms Mll he binding uporn nwh subcontractor or \cnclor. The; C'C)N"( RAC'TOR will take stac;h action with rcq)cct to any subconnuc't nr purcchwe on1cr as Be athinivibitcr lna tallmey nay � direct as a nacans or cnforcring such prow isions. including ;sanctions 161- non- conapliancc, prey\ icled.,how ccv cr. that in the ea ent a contractor becomes rnwk ed — in, or is threatened with, litigatiora with a subc.ontrEaoor or vcmhr as a result of such chrectwit by the adminWrin a��cncy, the C ON't RA may ay rcccluccst � ih(-� United States to toter into such HiAgation to protect flit' imerews of tltr tnited States. 5. Par<a<_7raph 37., PUBLAC ENI`€TV CRIME INFORI��ATION TAT ±AIE�NLT. of the S Original Agrcernent, is hereby amended to delete the current paragmIdi 37 as set Koh in the � C)ra,.iintal A,7rcicnaenl.. :and wpltace rt in its crritrrety pa th the 010"Ang paragraph: 31 P1111-11C ENTITY CRIME_INFORMATION 5 F AT ill€?NT.—A person or at'tihrate who has been placed on the convicted vetincfor lrst MmOng a � cony iown for <a public entity cri nc may not su'bn h.. a hid, propcasal, or reply on to contract to provide any goods or services to a puhlic entity, n-lay not submit a bid. I-mroposal, or reply on a contract with a puhhc entity Mr the construction or repair .o of'a public huildnw or public work, mrry not strhn�ut bids on leases of'real ploperty � to a Ir uMic kmlu�— ivu),v not be taw ardcd or part rm w wk as <a c.ontrac kw, mWphen 'a c suhcontl tr°tol, 01 consultant uncicr �a Cora lLi t with any Public entity- and 11—my not w transact business with may public Entity in excess of�the threshold a�nacacant provided E in Section 2,�7.017, Florida Statutes, for CATLGORY T VO for a period of thirty- six (36) months from the datc ofhcim, placed on the con\ictccl r cncic3- list." LL �C Packet Pg. 34 E.1.a 0 6. Pwa graaph 44.1. D aids II a<jon �1c t « uncnded (�i➢ L'.S � �w.;I f l��l ��, of the Origiind � kgrcemcm. is hereby arnc�ndLal tea dclrtc thect_ur-erat prri�t��.lErE�?1r 4��.iw �i act ANia� tla (�r�igir�rrl � a.4_,rca rnent, and rcplaacc it in its entirdy % hh the Follo"ing paratgmph: 411 I� atiis-[�aaca.arr 1a;t. ,rti atraacndc'd (�(f € .` C � 1 I1 _'!45). "Ten rccltairc`d by Federal progyrant legislation, rvlrich includes Oaergency I'darlrsgarrom � Prcparednc°ss (;rant Program, 1-lonrclaand Security, Grant Proa.,rarn, Nonprofit E Security (Kant Program, Tribal 3-lon7cland Security (fra nt Program, Port Sccurity � Grant Program and Ti`ansh Amity Grant Program all r'adve construcdon E contracts in excess MU(}(1, fear the construction, alter-ation, or repair- (including paairating and decorating) or public buildings or public m,mks, ;awa ded by non- Federal entities must comply \\,ith the Davis-Bacon Mt (40 t `.S.( . 3 14 10l 44 and 146-3148) as suppic inentead by Department of Labor regulations (29 CM Part 5, °`Labor Shaandaards Prop isioras Qp1lic.aable to (:`ontmos Covering l edcrally Financed d - and -1.ssiMed Construction-L In aaccordwwe Wh the statute. CONTRACTORS roust be required to pay wages to laaNmvrs and mechanics at it rate: not less than the prcv<ailing wages specified in a "age dctcminmion made by the Acretary€rt Labor. 00 In Mitim , (M"tR.tM NTS must he required to pay wages not less Am once a 0 w cck,. if apphczahic, the CC)1)'ory rnum p0c e as copy of the current prc: ailing«azge 0 determination rssucd by the Department of Labor in cacti solicitation (<aumhed hcrcto as Fxhibit -13- to Original Agrccrncni and made as paint hcrmn. The decision � to <a contract or subcontract must be conditioned upon dac aacccptarrcc of the � ,v age dclenninashm. Ile f.XWNTY must r cpm all suspc ied or relmed v iolatio is to the: Mcnd am n ng agency. � When required by I'cderaal program legislation, "Inch include, 1 r-Her`sency N4unat7 rrracrrt Prcl-)arcdrleSs (drain Progr,,mi- Homeland Scudly Grant Program, CL Wprofit Security Grunt Prod hurt, Tribal Homeland Security Brant Program, Port � Sccut-i& (hunt Nograani and Transit Scon-by Grant Program (it- does ]-rot apply to � other l- NIA turn aand cooperativc agreement progNuns, including the Public CD Assisfancc Prot rarn), the C'C31`TRA(`T(RT in coninicts IN constructWn or repair .19 worl< above S 2,000 in shwitOns where the Dm is-Ba:ac:on also applies, niust also corarply\ kh tlac Copeland ( 0 U S.C. 3145 has supplamcrntcd by Delrartnront of Labor rt;gu atrons (29 LAIR fart 3 "Contractors and `:SrnMantrtactors on Public lmilciing or Public yyOk Minced in Whole or in Pad by Loans or (hanN from the linked States"). As rc qukcd by the Act, each CONT1��("pC)I� or snbr€cipierri is prohibited from inducing by anry rncaan4, anv person cmphyed in the construction, c€njAction. or repair of public work. to gNe � up any pert of ahc compea" ation to which he or Ile i; onceaatiisC entitled. The c COUNTY must report ali suspected or reported violations to the F'edend awmAing E agency. The CONTRACTOR shall co rnpl�. -with 18 t_1.S.C. 87140 CAS.C'. § 7141 � and the recluiremcnis of 29 C0,11. M. 3 as n-ay be applicable,, which rrreLL incorporated 1 o rc(ercnce into this contraact. c k Packet Pg. 35i E.1.a ij Cht-Aractor. The CON I'RAC'7' M shall c:onlily with IS C,'.S.C'. §971 U U.S.C. § 3145, and tlae redluiren}c:tats of 79 CER. fart 3 its uaaw be aplalicahle. which are incorpowed by w0rence into this contract. LW ,W A) Subcontracts. The C0NTRACTOM or subcontractor Will insert in any ��— subcontracts tilt clause ahUwoo inrd such ether clauses as F vlA may by � appropriate instructions require, "and also a clause requiring the stic-onnaactors to inchadC We claUSCS in ar-av lowvci tic] suheontraacts. I lie prince CONITACTOR shall he responsible for- the cornphance 10 any � subconh-actor or lower trcr subcontractor ww"rth all of these contact clause4 c hi) Breach. A breach of the c;outrac;t clauses above racy be grounds forEE EE terrrrination oi, the comr iaact, and for debarment as a contractor and � a� SaabCOrliractortts Marc>w ided ill 29 C".C'K § 5.11 r Additionally, in accordance with the re;gulsuion. each comniew and � subcontractor must furnish each week as statement with respect to the ww'ag)c`+ paid each of its employees engaged in ww`cn k cow ea eel by Are Copeland 1.nti-Kickback Act and the. Davis Rac o n Act during the pre.ceding wweckly payroll period. 'The report shall he c4livered by the contractor or suhcontr-ac"tor, wtithin scveaa days after the regular payment date of the payroll pc°&KL to as repteserruitiw c of a 0 Federal or `Matte agency in chargyc at tie site ofthe buil(diirU or work, 7. Paalnigraph 44.2, Corrract Work I fours atitci �afgty.,L<Idarcls �c,t t .`_C yS07 of We Mit W1 Agreement, is Why amended to Mete the currers paragraph 412, as set Barth in the 0riginaal Ag-rcrernent, and replace it in its; entUMY with the follo" ing pnragmph: 01 x ±ara<l SaWn, Sluinjuds, zt}_ !.S.C" �3701 ;708). Wherc applicable., which includes all }"`!"A4 t grant and coo}rem it c <<gmerncm progn rtas, all contracts awarded by the C'OUiN"l Y in cwcess of S10000 that CL involve the ell rploy,meat of' mc;chonics OF laborers must corral-wlV With 40 §[370' and 3704 aa< supplc.rarc°nwd by %paar lent of Inh( r replImAms (29 C FR Part 5Y t lncicrr 0 t K S.C. 3702 of the Ao. each ( 0N'E RAU I'0R ri ust eoiupirte the "ogw Of every mechanic and laborer on the basis of a standard work week of forty W- (40) hours. �Vork in excess of the:; shunlatrd wworl< "M is pr.°rnaissihle pro'vidcd than .2 the wwtrler is cm—ni-icnooed al a rate of acre less than one and a half braces the We � mete oFpay Wr all hours worked in excess of forty (MA lhnws in the twcark week. The rcgm.rernents of 40 tTS.C'. .t'704 am aplrlicM to conoruclion work aancl prowide that no laborer or mcehaanie must he required to "ork in surre>rami.ings or Lander working conditions which are unsanitary, haanarctous,. or dangeRms. I hcse requirements do not apply to they pumhases c>f supplies or materials or articles, oadhmrHy avaibble cari the open rnarkM or caornr;:acts 1,61- transportation or trantirr3ls`sion of intelligenec. W-riphance ww 4h the. C`ontma Work Flour, and `safety Standards Act. (1) Overtime requirements. No contractor OF subcontractor contracting; t«r any UL part of the contract work which rnay require or involve the crnployment of laborers or wvcl>rkww c,ehci�at ics wwhi l�a l hc~ car�hc is cruixe or�t>lc�r�edi ermik rt} such laborer lww�rrltie�caOww�c�>i l chance in � ally on in cx e ss 9 Packet Pg. 36 E.1.a 0 oft rtv hours in such workweek unless such laborer or rnecNmic receives corn sensation at a rate not loss than ouc: and one-half tin es the basic rate of w pay Ra all hours "arked in excess of fiorty hours & such work eel<. � ( ) Violotion; liability for unpaid wages; hgWdated damages. In the event of any 01 SAmion of the c€alias= set fivT in paraagmph (b)(1 j c429 C`.F IR. 45.5. the. > cciratrac:tor and any subcontractor responsible daerc°fiar shidl be hLible for the unpaid w algcs. 11-1 addition, such contractor and subcontractor shall he liable to the t ided Stmes (in the case of work done uncles- contract tfar the District of (-<}lt.[nlin or a lubltin" to such Dimrict or to such terriwryk for licluida wd � c1a1111',Iges. Such liquidated datmagycs dial] be cornputed w4h ru sect to s ch 'a indi�iduaal laborer or mechanic, including m aatchnwn and guards, er7ihhyY in 145 violation ofthe claause set forth in paraglaaph 29 C'.f`.R. 5.5(b)(I ), it-) the surra of S27 for each calendar day on which such individual was required or pen-nittcd to work in excess of the standard workweek of forty hours without paaynicnt of the ov ctrtrnac E\ages required by the clause set forth in para:at�raaph (b)( t I of 29 ( ) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own diction or upon written request of'an authorircd Mpresentaativo ofthe Departtne nt of Labor " dlold or cause to be wiTheld, From any nnoneys payable can account of\work performed by the contractor or subcontractor 0 under any such contract or any other OWN contract with the sank: prime contractcir, or any other fcderally-a skied contract subject to the Contract \Vork Hours illyd SLalety Standards Act, \vhicta is ]aeld by the saaairC prin-re � a) Cc7ntiatLic�r", such slrnTaS an r��ai5' heC1ett'rn7tned to he naCc.s�aary to satisfy any � habilities of such contractor or subcontractor tsar unpaid wages and liquidated 01 datuaf es as provided in the clause scat forth in palaagr-a:aph 29 C' ITIZ. U Qg ). cXi (4)Subcontmay Ile cos inlc for or subcorr metal shall insert in anv subcontracts the CIatusos set forth in paardagnlph 29 ( .KR. 5.5 (h91 ;MrmTh Rf and also a clause requirdig the su.bcmuraactors to include these c:luuscs in ally `L lower tier subcontracts. The prime corafr actor shall be responsiblc lot- � comphanccY by any subcontractor or lower ties- suhcontractor witl`a the clauses set i`orth rn paaraas`nWh; 29 C:_' RIZ. 15 (l ) throt.T h (4). r S. !';n t 3,r<a( lr 44,4 C Ican \ir .�. t( 1�' f� `-C'_�� 1E)1 it7'1 i�x t afr�cf �h�� 1 a_cfc rasa 1\ atei Pollution -- — -u_. - -- -- (Awn-d"A"CiLUPSY. j 1K 1 1 <,7 �.i aa��ci do°c3�. oI`the t)righ-atl Agrcernent, is hereby amended 2 to dckw the current paragraph 414 as set ON in the Drigh d Agreement, and replace it in its entirety' w-ithr the hallo\v,ing paragraph: � 44.4 CO in Air _Act (`4 -t .` A� 14 7_401 ;6I1 K and the lide=ral %ater ]'£lobo ('orytrol :act (7; U.S C §ti 12_>1- f 87 is-aruended). Contractor agrees agrees to comply w 4h all applicable standards. orders or regulations issued pursuant tea the. Clean Air Act as aarne.ncled (42 1? S.C. 47-I01-767I(1) and the � l-'edCraal \'t aler Pollution Control Act, as aniencled (33 t S.C. 4412510 387) ILL and will report N iolaations to FI IN4ATederaal Aucancy and the appropriate RgOnal t1t`tice of'the Environmenlid Protection Agency The Clean c=i Air Act (42 U.S.C-'. 447401-7(011) and the Feclu rl Water Pollution Control E l ii Packet Pg. 37 E.1.a Act (33 (i.S.C. §§1251-13�i'), as <:anaended. applies to CororE'los and sub`�rarts ol �rnaotrrafs ira excess of`wi 1°�(},()f)(}. 4 he c arrir�ac;tcar a4.�rc°��; tda incittcic� these requircnac nits in each subc:on rac t excceding S l 50000 000 f inam-ed in"'hole LUj or in part "ith Federal assistance provided by I ENAA Fedw al agency The Cbrikador agrees to report each Wation to the CC)UN FYI undc•ryt�ands. and agrees that the f`(�)LjN-l'Y v ill, in rurn, report cach � iolatimr as recluired to asmac no6fic;ation to F'I,,MA 1'edcrral Agency and the appropriate F:('A Region al Office. 9. f'Eara rLrl>h 44o- , I�clrarttrent Etrac) Suspension it xecutive C)rcicrs 12 rc) ctrac, 1 2C3 9). d)f� E Chi«rral Agreement, is hereby, amended to delete the. current paragraph 445, as set IN in the � (AQin<a1 Agreement, anti replace 4 in its emiret.v Mth the 011coving paragraph: � 415 Debai cm, and Suspension (Ex - ti4�_. da.iw 12549 _ttttd_ _12689). :1 -- contract 'm/ and under a "coa erc(J transaction" (see 2 (ARR. .§180,220) must not be trade to parties listed on the goverrn-terit \�ide exclusions in the: System For A«and _ Management (SA00), in ,accordance Ath the ON/IB gurddVlincs at 2 C.l .R. Part 180 that implement ExeCLOW Orders 12549 (3 C`T R pan 1986 Comp., p. 189) and 12689 (3 Cl R part 1989 C brnp.. p. 2 35), Mcbarmeril and Suspension- and the y Department of Homeland Security's reguiadons at 2 (`.I=lf. Part 30()() 0 (Nonprocurement Debarment and Suslyinsion). SAM BMWs earrtAns the 0 names of lrartic°s debarrcl suspended. or otherwise excluded by a`serucies, as N\cell 19 as parties declars] incliolde, under— statutory or regrr(ratory trrrthor ity &her than � Executive Order 12549. SAN1 cxclusic B call be ,rcc'essed at Y. wwv araaqq . Contractor is requked to verify that none of the cdrnOwtot's princ Qwds (dcl`incd at 2 C'.RR. §181935) or its Whates (defmcd tart 2 ('.l°.R. `180.905) are excluded (denned at 2 C.1'.R. �180.940) car dascluahflcd (dchncd at 2 (S.R. §180335). The contractor must cony ly with 2 (NOT. In. M0, subpart C and 2 CUM. In. 30t)0, =cathpan (% nand rmat inc Arde a requirement to cornply NOW these repilations its any lo"Cr tier co\\red transaction it enters into. _I,his certification is a material rcpresentat0i of let relied uporr by the ( C)U'`TY. Kit is later determined that the contractor did not comply with 2 URIC In. I XW subpart C and 2 MR. pt. 30ML subpart C', in addition to remedies available to the (;OLYN E Y, the I"cdcaral (ro\ernraaent may pursue ;mailable rernc°ches, includh g bait not linritad tea suspension and or cWharment. HVIders or Proposcrs agree to comiply with the reclutren}eras or 2 MR. tat. 181 subpart C and .2 C'.FY. pt. 3000, subpart C while � ON offer is vand and thrd:arrt7hom the perhyl ofany amtract that inar aria: from this offer. Trie WAY or Pagoscr further agru s to inc;li:rcic t:a pro% i:,ion requiring such - compliance in its loo cr tier coy c°rcd transactions. to Pamyraph 44.6, Byrd Astt_i_-1 ohl yrnaa:;'�inendi'_r,rctai (, 1 U.� C`._s_1 ,s_1). of thc' t 6� ginal Atrrcrera ent, is hereby tamc:ndmi to delete the current parsf=raph 416. as set Forth in the Original Agreement, and replace it in its entirety with the Follo-wing para`_raph: � 44.6 l vrcl A rtt_I_cahl, _is) r�sc racll.t_) nt (_..1:_ US ?). CONTRACTORS ORS - that apply car 'aiei ic>r an a-\vard e.xc.ecdling ��lt)().OM) narasrt Ilethe requked certification. Each tier c_ertiFic;s to the tier above that it will not Latin has not used 11 Packet Pg. 38 E.1.a 0 Federal approprimed funds to pray any person or orpiri ration lot- uatlucncintr or atterrs}-flinLI to influence an officer or enydoyee of any agency, as inernber of Luj Congress, officer or empknve of C'ongress, or air employee of a member of -19 Congress rar connection with obunning any Federal contract. ;rant, err any Ott el- °2 4a"and covered by >1 LITC §1:352. Each tier must niso disclose any lobbying with non-Vedcraal funds that fatties place in connection "it obtaining,any Fcdcraal ,malr f. Such disclosures are forw nnleci from her to tier up to the recipient who in turn will � Fon and the ccrtificaation(s) to the awarding agency. I ak,%aard exceeds `iy100,000, � the certifacatior attached herder as Exhihat °"(... to (nuinaal Agrecrrlent and rnade a � pas hercoi; must he signed and submitted by the (Awraac-tor to the (Annaty. � c 11 . f'am raplt 44m7, ( olriplaart7 e �r-itla I'rocttr n�ont of EZe�°o�ered Materials ate wet I<}ItIt in C`l=l (1U 22, of the. Origimil Aircernent, is he rc;bv aamcraded to cicicte the current paragmph yr 41.7, as so Arth in the 0ri47inai Agreement, and replace it in its entirctti mile the follo«int paaraagmph .7 C'or� It ance -with Procur n-ient tit lZcccr�iar ci "1 atota al, ,a; sit farrtll ira CO "lmI ,1C`"I'O must cOMPly " ith Section f�M2 of tic `solid Waste disposal .-act, as amemim znt by the Resource Conservation and Recovery Act. The recluirernerns of Seciion 6002 include: rwocurrng i}ariy atoms designed Al guNdincs of the Fravironmental l'rvr "tion AgwKy (EPA) at 40 U.F.R. I;art 247' 0 that contain the highest petrcentage of` recovered multerials practicable., consistent with maintaining a sntisfitctor� level cif`corilpetith"! where the PUl_;hrasc Price of the item exceeds `g 10.000 or the value of the clrtmany acquired during tine preceding fiscal year exceedcd S l()§(Xl; fnocunnu solid "one nun a<Jement services in a Manner that ImIxiini/es cnerE�y and resource reco\ery; and Lstablishin gall aaftin-naahve procurement proa,rarn torprocurcmelil ofrcco> crcd materials icleaatifled ?� in the FIFA ,juidelines. In the perlirrmance of this contract, the (Wraactor :;hall �`— Me maximum use of products containing rccovcrccl nratc:rrads that are FT'A- CL ciesi{,naatc<i items 11111CSS the product i aanncrt be aacclarired -- 1 . (Anypetitivciy within a timefraanic providing For compliance "Th the comma, C6 pedbi-7raauc°e schedule: ? Mccling conk-,acl pcafonnarice M '1t as re£asonable price. 2 lnforniaation ,ibo ut this recluuctilent.. along "!ill the list of f'A'Andesignaated ttarw is � available at EPA's Corrlprchcn,;ivc Procurement Ouidelines wcb site:, � https:'Avv�v, .epwa.gov Srnrn'coa��fraclaeaa��i�e prerca!rcar�cut-c�t.aicielirrccl,a3 pat7�rtrtrr. The C:ontraackw also agrees to comply "itlr &I either apphcablc rccluircrrtcrats of `section 6002 ol'thc Solid Waste Disposal ,Net. 11 The World A rectlint is hcrcaby amended to add the 1ollo inar. as l0r agmph d e1 3, I'rcrlribition on C. erlairr (clecar�rn tas ic<atioars a11d y icleo `cur\cillatnce �cr� icc� crr 1�cltsi��r�ca4t a�._wst to l ira 2_C I .f 200,216, and shall read as follows: 44.13 Prohibit ot_a_ €it ('ertaitr l LL elecfrt�ara�t�uiLatic�rrs <u1c1 �=iclec�- 9>�tav ei[14}taco Services or F.duiDn ey as sot frrrth m ? 1, 200_216, Recipients and = subrecipients and their contractors and subcontractors may not obligate or upend EE j7 Packet Pg. 39 E.1.a 0 anv f0deral funds; to ( I) Procure: or obtain; (2) Fxtend or rc°ric" a contract to procure � or obtain: or (3) Enter intea a contract (or cx Wnd or renew ar corum i) tea pmctare or Uj obtaairr equipment, services. or systems that uses covered telecornrnunicaatiotls 19 cgmpment Or sere wee ;,as a substantial Or c.ue°ntiaal conll"umcrrt of any systen1, Or as .2 critical technol(wv as pwi of ;my system. .`s de nr'ibed in Public Law 1 1 5-232, swiml 889, cowered telecornrnunic<allmrs equiE:9merat is telecommunications 22 equiliv nt produced by Hu aNva "1 echnologic s Company car° ZM C`rypor;:3t.ion (or .o Lally Subsidiary err<affih<ate of such entities). � Of Or the puncwsc of rmbhc safety security of government facilities, physical � security, surveillance of,critical tnfraa;tructure,. and other national security purposes, � Wo smve:ilbrice and tciccoriinirtnic ations equipment pruduc:ed by, Hylerar. C:omnlunicatioris Uorporaation, I NngAmu €fiKision Digital Technology Company, � or DaIrow TcchnoQ y Company (or any subsidbiry or aaftiliatc of such entities). (5) Te.lecornmuni{catkins or video surveillmwcs services pr-oOdcd by such entities, or- trsing such equipriont. (tit) _I_eleconanH-Micatrcrns or x ideo smwerllaance equipment or service, produced case pro\ ided by an entity that the Secretary of Dethnsc. in consultation ae'ith the Director of the. National Iratclli"ce or the Director of the Federal Bureau of InvcSti<gation, re'ascanaably believcs to be all entity owned or controlled by, or 0 otherwise connected to, the government of a covered foe-Cu,_111 country. 11 The Cyr orial Agreement is hereby aanrcnded to add the following, as Panagraaph 44.1 , Wnc Mic Prc:fi rencc Or Proc umnients as Al Nth to Wa f_ l �? '(l�_� ��.wid shall mad as A llo"m 44.14 Domestic I'rcteaerlc.e f4ar rn ? C 1 3?2. The CMNT`a' and C ON l'fLA lO R shmild., to the great extent practicable. pro vile aW a pref rcnce Tor the Inn-chase, acquisition, or use; of'yaoodsr, products, or nratteri;ak 2 produced in the U'raited Mate,, (including but not lirlaited to iron. aaltaminum, steel, cement. and other m annfactund larodricts). Thcs'c requirements ofthis Section must CL he included in all subaaaaaards including contracts and purchase orders for avork or pro lucis under Wcral award. For purposm of dais scetion: (1) "T educed in the Unded Staies" mearns, for Won and steel products, that all � manulacturinp processes, horn the mammal nwltkg stage through the ap1dication of � coatiri s, occtarred in the Wind St;ates,. L- (2) -Manolkicim-c l products" means itans; and constrriction materials composed in � whole or in part of Hon-tei'rOUS MCLAIS such OS alua-alln1,1111; plaastres and polynler- bawd pnQucts such as polyti iny'l chic}ride pipe atggregades such as concrete: glass, including oluical fiber: aanol lumber. � a� it The Ongin;al Agreement is hemby aarnended to add the folWng as Paragraph 4115. cc oss tv records, and shall read as follows: 4115 lac ccss to lhcoi-ds. C ontmooU r Consultant and their successors. trzansWrees., � ;assignecs, and subcontractor, acknot, lcd`- tarrd <aglec: to cornplY Mth applicable UL - provisions goveninig tllc Dcpartrllent of I IomeIa ul Security (ICI IS) a iid the Fc.deratl 1-mergericy N'lanaagernent A`renc_v's (FE?lI/Q access {to records, accounts. , _c.ourats,documents. i:nforr-naaho ll., facilities, and staff �. C'ianiraactors C'ons�uharats rrru�st: ( f 1. Packet Pg.40 E.1.a 0 Cooperate \ ith any complitance revic"r or complaint inxestigation conducted by DHS: ( ) (Eve MIS access to and the tight to exair ihn and copy records. accotarats, Uj and other doc.m-nems and sow-ccs of h barination related to the gram and permit 19 access to faacilities, pei-somicl, and other BMWs and information as may be .2- ncc,cVssary, as required by DFIS regulaakins and other applicable laws or program gui&uwc and () Submit Omely, conjine, and aacc urine reports to tlae apprcapriaate MIS ofticials aand maintain apImmpriaatc backup documentation to support the. reports. 15. The Original Agreement is hereby, amended to add Me li?M'i, as Paragraph 4?1& LAIS c:aal C.o cr rrcl I t ._and shall read as Wca= 44.16 lXjS Seal= Logo and FlaIs-, C'ontraactor shall riot use the I)cpartnicnt of � Ilornelaml Securhy scatl(s), logos, crests, or reproduction of nags or likenesses of IMS agency officials without specific F l ;yi A prc-appror al. 'File Contractor shcsli _ include this pnnision in any subcontracts. x Ow IN The Orignul greci-nent is hereby amended to add the fal3m i g as Paragraph 44.17, C_hair4Fcs to <'ant ict and shall teal as folio"s: .17 Chan ys to MUM The Contractor undcrstaands and agrees Hut: any cost 0 wuhing frc)rn as change or nwdificaation, change order, or consn-uctive change of the <agi-ecincnt must be within the scope of any;°'c cra,I grant or cooperEatke ap-c c inc nt thit may fund tins Project and be reaaw"mble for the completion of tyre Project• Any contract change or moc(i ficatku , change order or c-c,nsouc tiNn change must he appia" d in 10 "06ng by both the County and Contractor. 17. 1 he Ott-rnal Agreement is hemby amended to Ladd the following tis Paragraph 44.18. a C.'€anaplianccLL itla Fede al Law Re,odaaticans, and Q My Order. and shMI read as lixknvs: CL � r 44.18 C oinfili rnq_c "Ah FeWal La�r, Lacs ulatioris_ �a�ari I,: ti�� j ict r. This is � an aack-no ledgancrit that I"EXIA finaawwd 4lssistaarrc•e nmy be used to fund all or a � portion of this contract The contractor"S comply will Al applicable federal law, regulaticans,. execrative orders, I F;Mr1 policies, procedures. and directives. .218, The Original Awenic rit is herchy aamc:aaciccl to add the falloff\ins, is Paragraph 44.19, No � t.)bh ation ray heckiyLl Or.a-nii ,.rat. mid shall read asfullo��;��>: -- — w. 44.19 No.Oblt Obligation by < . 1 c 1��Ei1_C,c>�ct:rinac1ra_1. The F 9er�atl Goy erninu at is not as parity to this coratrmt and is not subject tea a y obligations or liabilities to the C C)(1`t'i Y non-Fedcral entity, contractor. or any other party per-taking to any = matter resultin,,� from the contract. �C 19. The Grit in<al Agreement is hereby a rnenclod to add the follw ing as 10raagrt:aph 44.`0. Punn n Fraud and False or Fratadulent ``jemie:nts or Related Acts. and shall read as follows: LL 14 Packet Pg.41 E.1.a L_ 0 44.2 Program l fLffld arrd 1,aISC OF l rtrtrcitdcrat SMteta7ents or_Related Acts. The contractor acknowledges that .If ['.�,.C`. Ch'111. ,8 (Aclirmiistrative Remedies f 7r 2 False Ckillils and Stater cats) applies to the contractor's aetions pertaining to this � contract. °2 )'t1). ITIC Cng"Inal ,AoreCIIICIrt is hereby anrencled to add the I`011owlno as 11<ut igrapll 45, - VERIIIN SYSTEM, and shah rend a� tcrllows: 45. ENE RII. , SA ST NI. 11cginninu Jantr rr'v 1 , 2021. In <rccordanc•c with I-Li. � Star, Sec. 448.09�, the Contractor and anv subcontractor shall ref islcr rvllh and � Shall utilrlc,the U.S. f)Cp Il-tMCnt of lloincland security's f _V errk" 'systcrl'r to ver=ifs � the �wrk amthorrr_ation stratus of all neNy employees hired by the Contractor- durinz; the tcrnl oi'the Contract and shall expressly recltrir-Q <rrry subcontractor pertormil-10 � \pork or provichnLx ~care°cs pursuant to ilrc Conlrm to likewise utilize the US Dcpartincrrt of' Homeland ` ectrrrtV'S I,"-Vcr It'v ysicni to vcri l y the work k au 11101-1zr:rtfoil st"rttrs of, all ne`.\ employces hired by tyre subcomractor during: the Conti-ract term. Any subcontractor shall pro icicy an trtfidrrNit SttatiII=g that tlrc subcontractor does not emplo", contract With, OF strbcrrntrr:rct ti�ith ara uraarrthorizcd aiicrl. The Contractor shall comph with and be subject to tlrc provisions or Fla. Mat. See- 44fi;.095, 0 1 . All other terms and conriitlon-; ol' the Orlgin<d N(<_�Irccmcnt, d<rled Novelraber ?.O, 01Q, as — ararended herein, not inconsistent herewith,ith, shall remain in Ytrlf ]ttrcc: ctnd IT, ct, x CL 04 IREMAINDER OF PAGE E INT-ENTIONALLY LEF"T BL AN l UL r Packet Pg.42 E.1.a 0 I: Nvj,rNESS NN IERI?0I'. ('()L1` TY and CON-FRAC TOR hef—ctca Iravc exccut :cl thisED F`Hr�t 'Ainenchricnt to A LFrec ri'mit can the d",Iv alld c3atc. first �Ihovc writtcrl. (SI=;AL) E3C?ARD (fir CO '`'ll iN COMMISSIONERS Attest: K.I VIN 11.hDOK, O MC3NI O L3 l COUNTY, FLORIDA Datc: x W itncsscs for CONTRACTOR: CON`I'R C"-FOR: a A Floriclst Limited LialMl Co npany 0 siY;I tO �i4ys7<}t��rc lc u,iIIy bincl CON TR,A( I R x CL 1 Ph if In-rc Prim �Gallic �rnci Title � � a 04 i 1 1 pp CD `�il�Tnaturt;� - eq - 3 3)nl - �- D;:rte Print : inic hcicphone Nuinbcr — r � ii r. ib Packet Pg.43 E.1.ai 0 0 EXHIBIT "B" U DAVIS-BACON WAGES STATEMENT N N N U w 17 Packet,Pg.44 E.1.ai EXHIBIT "B�� DAVIS-BACON WAGES STATEMENT "General Decision Number : FL20210022 09/10/2021 2 Superseded General Decision Number : FL20200022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single W N family homes or apartments up to and including 4 stories) . X Note : Under Executive Order (EO) 13658, an hourly minimum 0) wage of $10 . 95 for calendar year 2021 applies to all 2 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 CFR 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 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 . Ig Packet,Pg.45 E.1.ai Modification Number Publication Date 0 01/01/2021 1 01/22/2021 2 06/18/2021 3 07/09/2021 4 09/10/2021 * ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ---------------------------------------------------------- ENG10487-004 07/01/2013 N Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton 2 Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 2 IRON0272-004 10/01/2020 x Rates Fringes IRONWORKER, STRUCTURAL AND `V REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 `V ----------------------------------------------------------- PAIN0365-004 06/01/2021 2 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 SFFL0821-001 07/01/2021 Rates Fringes e SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 20 . 55 E ----------------------------------------------------------- 19 Packet,Pg.46 E.1.ai SHEE0032-003 12/01/2013 c Rates Fringes le 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 N FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 x LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 2 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 N PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 2 ROOFER: Built Up, Composition, Hot Tar and Single Ply . . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes E 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 20 Packet,Pg.47 E.1.ai operation to which welding is incidental . c U 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, E 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 . v, 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 2 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) ) . N 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 E are listed in alphabetical order of ""identifiers" " that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers 21 Packet,Pg.48 E.1.ai 0 A four letter classification abbreviation identifier c enclosed in dotted lines beginning with characters other than ""SU"" or " "UAVG" " denotes that the union le 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 E 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 n effective date of the most current negotiated rate, which in this example is July 1 , 2014 . X Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) 2 U governing this classification and rate . 0 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 2 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 E that identifier . Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers E 22 Packet,Pg.49 E.1.ai Classifications) listed under the UAVG identifier indicate 0 that no single majority rate prevailed for those 0 classifications; however, 1000 of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 le 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 v, negotiated/CBA rate of the union locals from which the rate is based. N X ----------------------------------------------------------- 2 WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can 2 be : a X * 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 `V On survey related matters, initial contact, including 2 requests for summaries of surveys, should be with the Wage > q Y � g 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, E 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 : E 23 Packet,Pg. 50 E.1.ai Branch of Construction Wage Determinations Wage and Hour Division 0 U . S . Department of Labor 200 Constitution Avenue, N.W. le 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 E (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : Wage and Hour Administrator v, U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 x The request should be accompanied by a full statement of 2 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 `V U . S . Department of Labor `V 200 Constitution Avenue, N.W. Washington, DC 20210 2 4 . ) All decisions by the Administrative Review Board are final . ----------------------------------------------------------- END OF GENERAL DECISION" c� 24 Packet,Pg. 51 E.1.ai 0 0 m EXHIBIT "C" U CERTIFICATION REGARDING LOBBYING > N N N U w 25 Packet,Pg. 52 E.1.ai APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING 0 LOBBYING (To be submitted with each bid or offer exceeding $100,000) u.o Certification for Contracts, Grants, Loans, and Cooperative Agreements 2 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal -� contract,the making of any Federal grant, the malting of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or E modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee X of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all -� subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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 E 26 Packet,Pg. 53 E.1.ai 0 DISCLOSURE OF L i&E'4 CM`T'QTES; � 1, Type of Fed,errd r cfioms Status of c Federal ti om: 3. Rep-art I%-pe: P � a.canIraca a a aff� �. am Plic a..imrai b,. gent m awmd. b,. f charge — d. -'0M Far Material Chazige Only: E. loan pxuawlee Vaal � c�ac � f lom ir,s=x' e date of Ent-m-Part 4. Name and Address aflriegmr#am g Entity 1. IfR*,pa g Fntih im Not .4 is uba.mardee, E®tem Name,a",Addrem of Prime: �?t :e �';tmamate Tier If1mumm 0) an ress®amta9l ufrict,if Lwm Cam remimmm;al Dutrict if e-mm Federal Ilepartm isb en : ". Federal Pro gum Naima,Descripda,tu: c� r CTDA Namber,if We-1"katale s. Federal Acticamm Number,if ow : P. --&ward Amoumt.,ifkn m: x w lit. a. Nm3le,smud.address of Lobby Emfity b. Indkvidnnls Perfarmim Services (maclu ( n-rdaai,Iasi n e,.:fint,name.MIT" add.ess if d.fferect facmNo. ]On) � n5t eu. e,Ent . 1� 0 (adac,h Car-rmum ion Sheet( ifnecea�uy) 11. Amoumt of Payment(chwk. t apply) 13. 'Type of Payment(rhicL all that apply) actusi ❑:o, ed n a, retainer b one-dme fee am 12. F r of Pry-memt(Cherk all that e.Fply):: C. co i iae x I I a, rasfa ti con firm,-emt: b, in-kmd.m ec'fV: nanue a va:'�ae f other,spe-- , 1�. brief)'�esc tiau e�f SeemiPes Peefarmed ar to he pem-fbm-ma�d end Tmate�a:l of Serace,a�rind5mt . aficer(s),,emap]o ..s),a+r member(s)camitacted,far Pwnmemt lmrdirst.d fa It 11: r cV N (aliach Car-tinuatom Sheet;e)iff:7ecessary) r 13. Cautiauatiamr Sheets)attar 'Fes -%a ❑ 2 "116P3=U S.C.aQ6"3IM L313 Tie&W.11a.W4 c=kbhl ;i. aa.t�aae: PtMUMf 07 3=U S.C.1351 Thew iuf=tma xd:3 bi� m s=cnps s s Qcmiuumumtva¢d%Ubsa are'aka for ¢ ascdmn "p as to ,tc Fes;�c_ fit t9.. awaaed t fficrs 41 ar such sre�_�taa3 TeICLIOne a.: Dike: Amhonaed fw Laca Rept-adw-nom 1=gderfml 1-.w�&Only— S„am mrd.Fann-LLL. � ctt U- 2-6c PART Z°'CO NT U 27 Packet,Pg. 54 E.1.ai 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. .N 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 bythis 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 r 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. y .N 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 j Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. :m 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. .N 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 influence the covered Federal action. W (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 r and value of the in-kind payment. tV 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. CD N 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 r" 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 ay reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project E (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90«ENDIF» 2-6d PART 2/COUNTY i_ 28 Packet,Pg. 55 `sz count" Kevin Madok, cPA - "ROE�oU.�`` Clerk of the Circuit Court&Comptroller Monroe County, Florida CL DATE: November 27, 2019 TO: Alice Steryou Contract Monitor FROM: Painela G. Hancoc&C. 2 SUBJECT: November 20'BOCC Meeting CL Attached is an electronic copy of each of the following items for your handling: F4 Contract wide Maverick United Elevator, LLC for complete Elevator and Lift Service, 2 Maintenance and Repairs for an annual amount not to exceed $175,000.00. Funding is ad valorem. c, 0 F8 3rd Amendment to Agreement with Barnes Alarm Systems, Inc. for Fire and Panic Alarm Maintenance, Monitoring, and Inspection Services.This amendment increases tie contract amount by a CPI-U adjustment of 1.9%; renews the term for an additional year; and adds certain > required FEMA provisions. This contract is paid from funds 001, 101, and 147. 03 U Sliould you leave any questions, please feel free to contact me at(305) 292-3550. , CD 2 CD CD cc: Facilities Supervisor County Attorney Finance 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 Pla 305-294-4641 305-289-6027 305-852-7145 30 Packet,Pg. 56 E.1.b AGREEMENT FOR COMPLETE ELEVATOR AND LIFT SERVICE,MAINTENANCE,AND REPAIRS KEYS WIIDE 0. MONROE COUNTY, FLORIDA W This Agreement is made and entered into this 201h day of November, 2019, between MONROE COUNTY, FLORIDA("COUNTSY"), a political subdivision of the State of Florida, y whose address is 1100 Simonton Street, Key West, Florida 33040, and MAVERICK UNITED ELEVATOR, LLC ("CONTRACTOR"), a Limited Liability Corporation, whose address is 10639 NW 122nd St, Medley, FL 33178. WHEREAS, County desires to contract for the performance of the work or services described in Exhibit"A"; and WHEREAS, Contractor desires to and is able to perform the work or services described 2 in attached Exhibit"A";and 0 WMEREAS, it serves a Legitimate public purpose for Contractor to perform the work or 0 services described in attached Exhibit"A"for Monroe County; 0 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: > LU I. THE AGREEMENT 2 The agreement consists of this document, the Request for Proposals (RFP) documents, exhibits, and any addenda only. 2. SCOPE OF WORD: The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit"A",which is attached hereto and made a part hereof. The Contractor E is required to provide a complete job as contemplated by this Scope of Work. The y Contractor shall furnish all labor,supervision,materials,power,tools,equipment,supplies, C~ permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. See Exhibit"A" 3. PERSONNEL CD N Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor trust assure that at least one (1)of its personnel per buildin1:7g can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are I Elevator Service Maintenance Agreement Packet,Pg. 57 E.1.b trained in all appropriate safety regulations,including but not limited to,OSHA regulations and all other applicable Local, State, and Federal regulations. .9 2 Uniforms are preferred for Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. ai 4. BACKGROUND CHECKS/FINGER PRINTING � Contractor employees must consent to Level One background checks and the results are to _ be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The 0. County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his o designee of all new hires and the results of the background check. The Contractor will be responsible for tile supervision, hiring, and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. 0 Some work will be conducted at secure facilities, including, but not limited to law LU enforcement and fire rescue. Background checks, including at a minimum: U 1) Warrants check; 2) Fingerprints; 3) Local Records check; 4) Prior employment checks; and 5) Criminal History check � are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. v, .Additionally, MCSO may prohibit entry to, or remove from, any secure facility any � Contractor employee who, in the judgment of MCSO, poses a risk to the security or good 0) order of the facility. Thereafter, MCSO and the Contractor will immediately discuss 2 resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. cv Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight(48)hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute 7 Elevator Service Maintenance Agreement Packet,Pg. 58 E.1.b grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract 2 CL immediately with no further responsibility to make payment or perform any other duties described herein. 5. PAYMENTS TO CONTRACTOR A. County's performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in _ accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of proper invoice by 0. Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted o accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. C. The County shall pay the actual cost of parts and materials,excluding freight, equipment rental,tax amounts,permits, and services supplied by others purchased 2 from the manufacturer plus twenty percent(20%)to fulfill the obligations of the Contract. Freight,equipment rental, tax amounts,permits,and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Serial Monthly Annual � BUILDING LandingsNumber Lanc6ings inspection Certification CD Monroe County 502 Whitehead St.,Key 37419 4 $ 90.00 $ 208.00 0 Courthouse Annex West Plantation Key U.S.1/High Point Rd., 37641 2 $ 90.00 $ 208.00 Courthouse Plantation Key `= CD J. Lancelot Lester 530 Whitehead 5t.,Key 39503 3 $ 90.00 $ 208.00 Justice Building West Plantation Key Ellis 88800 Overseas Hwy., 40616 2 $ 90.00 $208.00 Building Plantation Key Marathon 2799 Overseas Hwy., 46473 2 $ 90.00 $ 208.00 Government Center Marathon 3 Elevator Service Maintenance Agreement Packet,Pg. 59 E.1.b BUILDING Serial t.ae�r9irage Monthly Annual `> LOCATION Number inspection Certification S Monroe County 502 Whitehead St., Key 46502 3 $ 90.00 $208.00 0. Courthouse Annex West Monroe County 5501 College Rd., 46899 3 $ 90.00 $208.00 Retention Center 46 Stock Island Monroe County 5501 College Rd., 46900 3 $ 90.00 $208.00 y Retention Center 97 Stock Island Records Storage 530 Whitehead St., Key 46945 3 $ 90.00 $208.00 Facility West Monroe County 5501 College Rd., 47143 2 $ 90.00 $ 208.00 CL Detention Center 44 Stock Island Monroe County 5501 College Rd., 47144 ? $ 90.00 $ 208.00 Detention Center#5 Stock Island Monroe County 5501 College Rd., 47274 2 $ 90.00 $ 208.00 Detention Center#3 Stock Island Monroe County 5501 College Rd., 47275 7 $ 90.00 $208.00 Detention Center#1 Stock Island Monroe County 5501 College Rd., 47276 2 $ 90.00 $ 208.00 Detention Center#2 Stock Island Marathon Airport 9400 Overseas Hwy., 47834 2 $ 90.00 $208.00 > Marathon 2 Lu Sheriffs 5525 College Rd., 50030 3 $ 90.00 $208.00 le Administration Stock Island Building Sheriffs 5525 College Rd., 50031 3 $ 90.00 $208.00 .administration Stock Island j Building Harvey Government 1200 Truman Ave., Key 51768 3 $ 90.00 $208.00 E { Center West Plantation Key 52 High Point Rd., 56110 2 $ 90.00 $208.06 Detention Center Plantation Key Key West 500 Whitehead St., Key 56216 f 3 $ 50.00 $ 208.00 Courthouse West Dumbwaiter 3 Monroe County 500 Whitehead St., Key 56691 4 $ 90.00 $208.00 0) Courthouse West I Gato Building 1100 Simonton St., Key 60239 2 $ 90.00 $ 208.00 S ! West Department of 5503 College Rd., 61607 3 $ 90.00 $208.00 Juvenile Justice 41 Stock island Department of 5503 College Rd., 61608 3 $ 90.00 $208.00 Juvenile Justice 42 Stock Island Sheriff's Aviation 10100 Overseas Hwy., 74025 2 $ 90.00 $208.00 Hanger Marathon 4 Elevator Service Maintenance Agreement Packet Pg. 60 E.1.b 0 BUILDING Serial Landings Monthly Annual LocAnoN Number inspection Certification Freeman Justice 302 Fleming St.,Key West 88432 2 $ 90.00 $208.00 CL Center#1 Freeman Justice 302 Fleming St.,Key West 88433 2 $ 90.00 $208.00 Center#2 Freeman Justice 302 Fleming St., Key West 88434 2 $ 90.00 $208.00 y Center#3 Freeman Justice 302 Fleming St.,Key West 88435 3 $ 90.00 $208.00 Center#4 - Freeman Justice 302 Fleming St., Key West 88436 2 $ 90.00 $Z08.00 EL Center#5 Freeman Justice 302 Fleming St., Key West 88437 2 $ 90.00 $208.00 Center#6 BigPine Key Park 31009 Atlantis Big Pine 94425 2 208.00 2 y g $ 90.00 $— Community Bldg. Key Murray E.Nelson 102050 Overseas Hwy., 94927 2 $ 90.00 $208.00 Government and Key Largo 0 I Cultural Center r Big Pine Key Fire 390 Key Deer Blvd., 97137 2 $ 90.00 $ 208.00 Station 4 13 Big Pine Key Stock Island Fire 5655 MacDonald Ave., 100380 2 $ 90.00 $208.00 Station # 8 Stock Island Key West Lighthouse 938 Whitehead St., 102966 2 $ 50.00 $208.00 Wheelchair Lift Key West Bernstein 6751 5`t' St., 105236 2 $ 90.00 $ 208.00 Community Park Stock Island Fast Martello 3501 S. Roosevelt Blvd. 104642 2 $ 50.00 $208.00 Wheelchair Lift Key West Additional Service Rates: Labor:-Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $ 75.00 per hour,mechanic $112.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 90.00 per hour, mechanic $150.00 per hour, mechanic plus helper c 5 Elevator Service Maintenance Aggreement Packet,Pg. 61 E.1.b Parts Cost Plus: Twenty percent(20%)of mark up on manufacturer's invoice cost of parts CL and materials(excluding freight, equipment rental,tax amounts,permits, and services supplied by others). Such costs trust be documented for each repair and/or maintenance job and included with all Applications for Payment. Contraactor shall submit itemized in voices in writing. CL , CJ There are no additional al costs for travel, mileage,aaaeaals,or lodging Q E. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN. In the event of a major component failure or system breakdown, the County, shall have the option to request from the Contractor only, a proposal/quote for new installation, and/or repair/replacement equipment in an amount that could exceed Five Thousand and 00/100 Dollars ($5,000.00). Any proposal/quote submitted shall be in accordance with the o payment/compensation rates and fees set forth herein. Any proposal over Five Thousand and 00/100 Dollars ($5,000.00), up to and including Nineteen Thousand Nine Hundred Ninety- nine and 99/100 Dollars ($19,999.99),must be approved and signed by the Department Head. Any proposal over Twenty Thousand and 00/100 Dollars ($20,000.00), up to and including Lu Fony-nine Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($49,999.99), must be Ie approved and signed by the Department Head and the County Administrator. Only after , receiving an amendment (if required by the County's Purchasing Policy) and/or a notice to proceed from the County, shall the Contractor proceed with these additional services. F. Total Compensation to Contractor under this Agreement for monthly or annual inspections, maintenance, and repairs shall not exceed One Hundred Seventy-five Thousand and 00/100 E ($175,000.00) Dollars per year. Additional Urgent or Emergency work shall be performed in accordance with the rates as set forth and described herein, but such work must be pre- E approved. G. Under this Agreement,the Contractor agrees to the below On Call Guaranteed Response Time: Regular Hours Monday-Friday Sam T 5pm 4 hours minutes/hours Urgent(risk of property damage or long term health risk) 2 hours minutes/hours Emergency (high risk or danger of injury or loss of life) 2 hours minutes/hours Number of employees available for emergency calls 30 6 Elevator Service Maintenance Agreement Packet,Pg. 62 E.1.b 6< TERM OF AGREEMENT This two(2)year Agreement shall commence on December 1,2019, and ends upon November 30, 2021, unless terminated earlier under paragraph 20 of this Agreement. 2 CL The County shall have the option to renew this Agreement for up to an additional three (3) one- 0) year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term"of this Agreement shall mean the initial term of two y (2)years. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as 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. 7. LICENSES � Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 0 S. MAINTENANCE OF BOOKS, RECORDS, DOCUMENTS AND RIGHT TO AUDIT 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 seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report s 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 four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk E determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest E calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to y the Contractor. RIGHT TO AUDIT: 4vailabillly of Records. The records of the parties to this Agreement E relating to the Project, which shall include but not be limited to accounting records (hard copy, as 2 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); backeharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related E to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,duties,or obligations under or covered by any contract document(all foregoing hereinafter 7 Elevator Service Maintenance Agreement Packet,Pg. 63 E.1.b referred to as "Records") shall be open to inspection and subject to audit and/or reproduction byAn - Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as,but not limited to,counting employees at the job site,witnessing CL the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent E for purposes not authorized by this Agreement,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,running from the date the monies wereCL paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. CD 9. PUBLIC RECORDS COMPLIANCE 0 Contractor must comply with 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 this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in W order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Deep and maintain public records that would be required by the County to perform the c, service. 2 (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (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 8 Elevator Service Maintenance Agreement Packet,Pg. 64 E.1.b 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 CL applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (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 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. CL if the Contractor does not comply with the County's request for records,the County shall enforce ca the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. 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. 0 The Contractor shall not transfer custody,release,alter,dest�-oy or�ther�m�ise d'sstsose of any public records unless or otherwise provided inn the�rayision ®r as othervise nr®visle�l by law.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TtD'I HE CONTRACTOR'S DUTY TO PROVIDE � PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRItAN BRADLEY AT EI. ONE# 305-292-3470 B ADLEY- B A ECOUNTY-F'L,COV. I ONItOE COUNTY ATT®RNEV'S OFFICE, 1111 12TH S'TREE'T, SUITE 408,KEY WEST,FL 33040. 10. INDEMNIFICATION, HOLD HARMLES& DEFENSE,AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, E 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) E 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, (8) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or 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 the intentional 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 Agreement shall be not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. 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, 9 Elevator Service Maintenance Agreement Packet,Pg. 65 E.1.b this section will survive the expiration of the term of this Agreement or any earlier termination of 2 this Agreement. 2 In the event that the completion of the project (to include the work of others) is delayed or CL suspended as a result of the Contractor s failure to purchase or maintain 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 E provided for the above. CL The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this agreement. INSURANCE: Prior to execution of this Agreement,Contractor shall furnish the County Certificates of Insurance o indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100.000.00 bodily injury by accident, $500.000.00 bodily injury by disease, policy limits, and $100.000.00 bodily injury by disease, each employee. le 2 COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $200.000.00 per person, S300.000.00 per occurrence, and S200.000.00 property 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 S300.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the E County at the time of execution of this Agreement and certified copies provided if requested.Each 2 policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONVROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS � ADDITIONAL INSURED ONA L POLICIES EXCEPT WORKER'S COMPENSATION. � 11. NON-WAIVER OF IM U1o111TY 10 Elevator Service Maintenance Agreepnent Packet,Pg. 66 E.1.b Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County andAn — Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed CL a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 12. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of CL Monroe County. 13. NONDISCRIMINATION Contractor agrees that there will be no discrimination against any person, and it is expressly 2 understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and e Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil bights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national > origin; 2)Title IX of the Education Amendment of 1972,as amended (20 USC §§ 1681-1683,and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the , basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 52-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;8)'Title VIII of the Civil Rights Act of 1968 (42 USC §§ 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 §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, 0) ancestry,sexual orientation,gender identity or expression,familial status or age;and 11)Any other 2 nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. N During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opporluni{y(30 Fed.Rea. 12319, 12935,3 C.F.R.Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relaling to Equal Emploj)ment 013portunity, 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,1 C, agrees as follows: t 1 Elevator Service Maintenance Agreeanent �� Packet Pg. 67 E.1.b 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 2 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 2 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. 0 3) The contractor will not discharge or in any other planner 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 LU information of other employees or applicants as a part of such employee's Ie 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 E which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the 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 12 Elevator Service Maintenance Agreement Packet,Pg. 68 E.1.b 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 2 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 provisions of paragraphs (1) through (7) 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 e 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 LU States to enter into such litigation to protect the interests of the United States. Ie .2 14. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, except in _ writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the County. 15. COMPLIANCE WITH LAW AND LICENSE REQUIREMEI?I'1TS � in providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to,the immigration laws of the Federal and State government. Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 16. DISCLOSURE AND CONFLICT OF INTEr-EST 13 Elevator Service Maintenance Agreement Packet,Pg. 69 E.1.b Contractor represents that it,its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida 2 CL Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 1]2.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company,corporation, individual, CL or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset � from monies owed, or otherwise recover, the hall amount of such fee, commission, percentage, gift, or consideration. o 0 17. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. Contractor further warrants > and represents that it has no obligation or indebtedness that would impair its ability to fulfill the U terms of this contract. 2 18.NOTICE REQUIREM ENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or _ sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt requested., or by courier with proof of delivery. The place of giving Notice shall remain the same � as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: FOR COUNTY: FOR CONTRACTOR: y Monroe County Maverick United Elevator, LLC W Facilities Maintenance Department 10639 NW 122"`'Street 3583 South Roosevelt Blvd. Medley, FL 33178 E Key west, FL 33040 Attention: Managing Member and cv Monroe County Attorney 1111 12'h Street, Suite 408 Key West,FL 33040 Igo TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials 14 Eievator Service Maintenance Agreement Packet,Pg. 70 E.1.b used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials.Contractor shall be responsible for any and all taxes,or payments of withholding,related to services rendered under this Agreement. CL 20. TERMINATION - A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five days' written notification to the Contractor. 2 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further CL obligation under the terms of the contract upon termination. C. Termination for Cause and Remedies: In the event of breach of any contract terms,the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,prior to termination, the County shall provide CONTRACTOR with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor,County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending 2 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 one(1)weeks' notice to Contractor. If the County terminates this agreement with the Contractor,County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the n contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition,the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a E CD claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the 2 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, 15 Elevator Service maintenance Agreement Packet Pg. 71 I E.1.b 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 CL 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) y 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. 21. GOVERNING LAW VENUE,AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. L. 0 22. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a LU term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 23. SEV ERABII ITY If any term, covenant,condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted W by law unless the enforcement of the remaining terms,covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The E County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 24. AT ORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 16 Elevator Service Maintenance Agreement Packet,Pg. 72 E.1.b 25. AIDJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. if the CL issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida flaw. This Agreement is not subject to arbitration. ai 26. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the _ formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, CL meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 27. BINDING EFFECT 0 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 0 28. AUTHORITY > Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as 2 required by law. 29. CLAIMS FOR FEDERAL OR STATE AM Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, E requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. PRIVILEGES AND IMMUNITIES W All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the 0) activity of officers, agents,or employees of any public agents or employees of the County, when 2 performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,.or employees outside the territorial limits of the County. CD 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES "Non-Delegation of constitutional or Statutory Duties. This Agreement is not intended to,nor shall � it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity,in which case the performance may be offered in satisfaction of the obligation 17 Elevator Service Maintenance Agreement Packet,Pg. 73 E.1.b or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the > extent permitted by the Florida constitution,state statute, and case law. 32. NON-RELIANCE BY NON-PARTIES _ Non-Delegation of Constitutional or Statutory Duties. No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party y claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. ATTESTATIONS 2 Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 0. 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of .2 this Agreement. 35. EXECUTION IN COUNTERPARTS TS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 36. SECTION HEADINGS Section.headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 37. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for 18 Elevator Service Maintenance Agreement Packet,Pg. 74 E.1.b CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 2 CL 38. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. ai 39. UNCONTROLLABLE LABLE CIRCUMSTANCES Any delay 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 Party's fault or negligence and that by its nature could not have been foreseen by such CL Party or, it' it could have been foreseen, was unavoidable: (a) acts of God; (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 w or acts, riot,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 geographic area of the Proiect;(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, chanties 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 give 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 ol'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�.greement.The County will 2 not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only , seek additional time at no cost to the Count),as the Owners Representative may determine. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the Request for Proposals documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn,this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already � incurred by the termination date. 42. ENTIRE E AGREEMENT This writing embodies the entire agreement and understanding between, the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by E both parties before it becomes effective. E9 Elevator service Maintenance Agreement Packet,Pg. 75 E.1.b y 43. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 44. FEDERAL CONTRACT RE,gUIIREMEI?TS ai The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200,as amended, including but not limited to: 44.1 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 2 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 e 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, a copy of which is attached hereto as Exhibit "B"and made a part hereof. The decision to award a contract 2 or subcontract must be conditioned upon the acceptance of the wage determination.Tile COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act � (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part v, 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 E is otherwise entitled. The County must report all suspected or reported violations to the Federal 2 awarding agency. (1) Contractor.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. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any 20 Elevator Service Maintenance Agreement Packet,Pg. 76 E.1.b subcontractor or lower tier subcontractor with all of these contract clauses. CL (3) Breach. A breach of the contract clauses above may be grounds for W termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. ai 44.2 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 orCL 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 a, 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 e 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 trust 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 le intelligence. 2 44.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or sub recipient 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 sub recipient must comply with the requirements of 37 CFR Part 401, "Fights to Inventions Made by E Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and y Cooperative Agreements,"and any implementing regulations issued by the awarding agency. W 44.4 Clean Air Act (42 U.S.C. 7401-7671 q.) 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 `-V Air Act(42 U.S.C. 7401-7671 q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251- `= 1397), as amended—applies to Contracts and sub grants of amounts in excess of$150,000. 44.5 Debarment and Suspension (Executive Orders 12549 and 12659)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in 21 Elevator Service Maintenance Agreement Packet,Pg. 77 E.1.b y the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR An 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 CL 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. 44.6 Bvrd Anti-Lobbying Amendment(31 U.S.C. 13'521-----Contractors that apply or bid for y 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-3 I 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. 0 44.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. 0 Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, LU consistent with maintaining a satisfactory level of competition,where the purchase price of the le 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: 44.8 Americans with Disabilities Act of 1990.as amended(ADA)m 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. 44.9 Disadvantaged Business Enterprise(DBE)Policy and Obligation-It is the policy of E 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 1313E 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. c® In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and E perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race,color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 22 Elevator Service Maintenance Agrecinent Packet,Pg. 78 E.1.b 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES. - WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS > a. If the CONTRACTOR,with the funds authorized by this Agreement,seeks CL to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: ai (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2 (2) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantitiesCL to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. o (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph(1)through (5)of this section. 44.10 Access to Records-Contractor/Consultant and their successors, transferees,assignees, U and subcontractors acknowledge and agree to comply with applicable provisions governing the le Department of Homeland Security (DHS) and the Federal Emergency Management Agency's , (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DI-iS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel,and other individuals and information as may be necessary, E as required by DHS regulations and other applicable laws or program guidance; and(3) Submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate E backup docttmentation to support the reports. 44.11 DHS Seal. Logo and Flags Contractor shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 44.12 Changes to Contract-The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44.13 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or 23 Elevator Service fvtaintenanee Agreement Packet,Pg. 79 E.1.b providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 2 CL 44.14 If this Agreement is funded by the Florida Department of Emergency Management - (FDEM), the Contractor will be bound by the terms and conditions of the Federally-Funded Sub- award and Grant Agreement between County and the Florida Division of Emergency Management (Division). 44.15 The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement,to the extent allowed and required by law. RTkT SS WHEREOF,COUNTY and CONTRACTOR hereto have executed this Agreement 4�Poffilia a date first written above in counterparts, each of which shall, without proof or f , ne other counterparts, be deemed an original contract. kkAV BOARD OF CO TY C o F `f (l E. f` ' . p COMMISSIONERS K y €1 .1MADOK, CLERK OF MONROAU, ORIDA 0 By: o Deputy Clerk Ma or Date:__ _ 20I 7'0I g Date: Vl� Z°, �i 71 2 O rr. p r't � O Witnesses for CONTRACTOR: CONTRACTOR: MAVERIC UNITED ELEVATPR, LL9 n A Florida tmi d lily Coirtiny i3 / 0 Q Signa re of erson thorized to Signa r legal) bind RACTOR Date: it Q Date Print Name Pri Name and Title Address: C Wve N Signature F1 317 Telephone Number �-L JOSEp � Date Print Name N401100E COUNTY ATTORNEY'S OFFICE ' A�Pt�OVE,D AS TO 0 c 24 Elevator Service Maintenance Agreement r * �PATRICIA EABI ES ASSISTANT COUNTY 6TrOHNEY DATE: IS— T Packet Pg. 8Q i E.1.b "Exhibit 6 x ibit " SCOPE OF WOE CL DESCRIPTION a� Monroe County is seeking quotes and qualifications for Elevator and Lift service, maintenance, inspections,and emergency service calls,which may include but not be limited to,tropical weather, conditions, hurricanes,major storms,or other acts of God. Upon review of quotes and information received as requested in this Request for Proposals, Monroe County will select the proposer that 0. submitted a proposal that serves the County's interests and shall enter into an agreement with for a period of two (2) years with three (3) annual renewal options. Proposer is to provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all of the work in accordance with the Contract Documents. 0 SPECIFICATIONS 0 A. Contract Start Up—The awarded respondent shall inspect the units and submit a list to the Monroe County Contract Monitor of any elevator or lift components requiring repair along with the total cost of those repairs no later than fifteen (15) days after the date of contract award. B. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, including emergency telephone monitoring to 911 dispatch, to provide routine examinations, lubrications, cleaning, adjustment,replacement of parts, and performance of code-required safety tests on traction elevators or annual relief pressure tests on hydraulic elevators and any other service, repair, and maintenance sufficient to ensure the safe operation of the elevators in accordance with Florida Statutes, Chapter 399, and the latest adopted editions of Safety Code for Elevators and Escalators ASME A17.1, A]7.1 Al 7.3 and all other applicable regulatory standards and codes. 0) C. The Contractor must have a Certificate of Competency for the service maintenance contract in accordance with the revised Florida Statutes, Section 399.061, for required inspections. D. The Contractor shall respond within four(4)hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact 0) person to ensure twenty-four(24) hour service. 2 E. The Contractor shall prepare and submit a Full Service Maintenance Plan upon Contract Award, supported by written manufacturer's documentation and ASME A17.1, Tile Contractor shall perform the necessary preventive maintenance required for a safe, `= reliable operation, as specified by the manufacturer and ASME A17.1. The Contactor shall perform the required preventive maintenance. `Preventive Maintenance"is defined as regularly scheduled work and Contractor should accomplish the following: a)Ensure their safe,reliable, and continued operations b) Prevent breakdowns due to worn parts c)Maintain elevators above the point where deterioration begins 25 Elevator Service Maintenance Agri°ment Packet,Pg. 81 E.1.b F. The Contractor shall give immediate notice to the County of any apparent damage to the An equipment covered under this contract. The Contractor shall notify the County,verbally on the day of discovery,and shall follow up in writing no later than three(3)days thereof, CL informing of the existence of development of any defects in,or repairs required,to which the Contractor does not consider to be its responsibility under the terms of this contract. Failure to do so will render the Contractor responsible for those repairs at no additional cost to the County. a� G. The Contractor shall respond and rectify all deficiencies as deemed necessary by the Florida Department of Business and Professional Regulation, Bureau of Elevator Safety 2 within thirty(30) days of notification. H. Inspection Log - The Contractor shall create and maintain an inspection log throughout the term of the Contract which shall document ail maintenance and repairs performed. The Inspection Log must include service dates, service technician or supervisor's name, and a brief description of the work completed. The Contractor shall maintain the inspection log onsite and shall not remove it for any reason. This inspection log will be the property of Monroe County. R. The Contractor shall ensure that machine rooms are kept in a clean and safe manner at all times. J. The Contractor shall abide by all Rules and Regulations for Contractors at the Monroe County Detention Facility when servicing same. K. The Contractor shall be responsible to obtain any necessary permits during the term of this contract, > SUPERVISION AND INSPECTION OF WORK 2 Sufficient supervisory personnel shall be provided and systematic inspections will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems that may arise will be taken care of promptly,the Contractor will maintain a twenty- four(24) hour telephone contact seven (7)days per week for the receipt of any complaints and/or addressing any issues. Random inspections shall be performed by County Representatives from the Facilities Maintenance Department administering the contracts. Deficiencies shall be corrected within a y twenty-four(24)hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in prorated deduction from the monthly invoice. Monroe Count Elevators and lifts to be serviced include but are not limited to, the followftIga N Elevators and lifts (Contractor to verify) BUILDING LOCATION Serial Lan dirags Monroe County Courthouse Annex 502 Whitehead St., 37419 4 Key West Plantation Key Courthouse tl.S.11 High Point Rd., 37641 2 Plantation Key 26 Elevator Service Maintenance Agreement Packet,Pg. 82 E.1.b BUILDING LOCATION Serial# Landings J. Lancelot Lester Justice Building 530 Whitehead St., Key West 39503 3 Plantation Key Ellis Building 88800 Overseas Hwy., 40616 2 Plantation Key 46473 Marathon Government Center 2798 Overseas Hwy., Marathon 2 Monroe County Courthouse Annex 502 Whitehead St., 46502 3 Key West y es Monroe County Detention Center#6 5501 College Rd., 46899 3 Stock Island Monroe County Detention Center#7 5501 College Rd., 46900 3 , Stock Island Records Storage Facility 530 Whitehead St., Key West 46945 3 Monroe County Detention Center#4 5501 College Rd., 47143 2 Stock island Monroe County Detention Center#5 5501 College Rd., 47144 2 Stock Island 0 Monroe County Detention Center#3 5501 College fed., 47274 2 0. o - Stock Island o 0 Monroe County Detention Center#1 5501 College Rd., 47275 2 Stock Island Monroe County Detention Center#2 5501 College Rd., 47276 2 Stock Island Marathon Airport 9400 Overseas Hwy., Marathon 47834 2 Sheriff's Administration Building 5525 College Rd., 50030 3 Stock Island Sheriffs Administration Building 5525 College Rd., 50031 3 Stock Island Harvey Government Center 1200 Truman Ave., 51766 3 Key West Plantation Key Detention Center 52 High Point Rd., 56110 2 Plantation Key es Key West Courthouse Dumbwaiter 500 Whitehead St., 56216 3 Key West Monroe County Courthouse 500 Whitehead St., 56691 4 Key West a, Gato Building 1100 Simonton St., key West 60239 2 Department of Juvenile Justice ir#1 5503 College Rd., 61607 3 Stock island Department of Juvenile Justice#2 5503 College Rd., 61608 3 Stock island cV Sheriffs Aviation Hanger 10100 Overseas Hwy., 74025 2 Marathon Freeman Justice Center#1 302 Fleming St., Key West 88432 2 Freeman Justice Center#2 302 Fleming St., Key West 88433 2 27 Elevator Service Maintenance Agreement Packet,Pg. 83 E.1.b BUILDING LOCATION Serial# Landings -Freeman Justice Center#3 302 Fleming St., Key West 88434 2 Freeman Justice Center#4 302 Fleming St., Key West 88435 3 Freeman Justice Center#5 302 Fleming St., Key West 88436 2 Freeman Justice Center#6 302 Fleming St., Key West 88437 2 31009 Atlantis, Big Pine Key Big Pine Key Park Community Bldg. 94425 2 Murray E. Nelson Government and 102050 Overseas Navy., Cultural Center Key Largo 94927 2 390 Key Deer Blvd., E Big Pine Key Fire station 13 Big Pine Key 97137 2 Stock Island Fire Station#8 5655 MacDonald Ave,, 100380 2 Stock Island I Ivey West Lighthouse 938 Whitehead St., Wheelchair Lift Key West 102966 2 Bernstein Community Park 6751 5"' St., 105236 Stock Island East Martello Wheelchair Lift 3501 S. Roosevelt Bled., 104642 2 1 Key West o 0 0 U N CD 28 Elevator Service Maintenance Agreement Packet,Pg. 84 E.1.b 2 CL E II 9 99 - DAMS BACON WAGES DETERMINATION y CJ CD c 0 L. 0 c U 0) 2 CD cv CD cv u 29 Elevator Service Maintenance Agreement Packet,Pg. 85 E.1.b bela.SAM.gov Page l of 8 c O CL "General Decision Number: FL20190022 08/30/2019 m ai Superseded General Decision (lumber: FL201BOO63 � c State: FloridaCL , CJ Construction Type: Building t8 c County: Monroe County in. Florida. � O BUILDING CONSTRUCTION PROJECTS (does not include single Lamily O homes or apartments up to and including 4 stories) . 0 O Note: Under Executive Order (EO) 1.3658, an hourly minimum wage � of $10,60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is 2 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 corkers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for c all hours spent performing on the contract in calendar year 2919. If*this contract is covered by the EO and a m classification considered necessary for performance of work on the contract does not appear or. this wage determination, the 0) contractor must pay workers in that classification at least the E wage rate determined through the conformance process set forth in 29 CPR 5.5(a) (1} (ii) for the EO minimum wage rate,if it is oy r higher than the conformed wage rate). The EO minimum wage rate cv will be adjusted annually. Please note that this EO applies to r the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act .itself, but it does not apply to contracts subject only to the ns https://beta.sam.govlwage-determination/FL20 t 90022i3{document 9/12/2019 Packet,Pg. 86 beta..SAM.gov Page 2 of 8 Davis-Bacon Related Acts, including those seL forth aL 29 CFR 5.1ta1 {2}-{60} . Additional information on contractor CL requirements and worker protections under the EO is available at vr,,w.dol.gov/whd/govcontracts, cB ai Modification Number Publication Hate � 0 01/04/2019 1 02/01/2019CL ' 2 02/15/2019 3 00/30/2019 ELECO349-003 09/01/2018 0 Fat:cs Fringes 0 ELECTRICIAN......... .. . .... ... . .. 34.36 12.62 ---------------------------------------------------------------- > ENG10487-004 07/01/2013 2 patus Fringes OPERATOR: Crane A11 Cranes Over 15 Ton � Capacity. ..... .. . ... . . . .....$ 29.0q 8.B0 Yard Crane, Hydraulic � Crane, Capacity 15 ion and y r Under.......... . ... .. . .. .. ...5 22.0E 8.80 ----------------------------------------------------------- Zr701d0272-004 10/01/2017 Rates Fringes r N _IRONWORKER, STRUCTURAL AND r RFItaFORC_Nc. ......... .. .. ...... ..Y 24.89 10.10 ---------------------------------------------------------------- PAIN0365-004 06/0112019 � htips://beta.saris.gov/wage-detennination/rL2019002213/document 9/12/2019 Packet,Pg. 87 beta.S8JM.goY Page 3of 8 Rates Fringes 2 CL eAzwrEo: Brush only.',. ..',. . '', 20.21 11,28 u- __________________________~______________________________~____ c � yrrLo$zz-uOz oz/az/znls Ftacco Fringes CL spaswoLon FzTrse (rica Sprinklers) '''' '.''''' .'.''' ' .'''s 28'38 � 19'44 --_------------_-----_-_---_--_-----_-----------_--------_ � sxEG0032-003 12/01/2013 ` paxe!� Fringes � sHEsrmEzaL mzxooa (Hvec Duct Installation) . ...... ....... .. ... .* 23.50 l%.IR --_------_----------------_-_-----------_-------------------- _ le oopL2809-059 05/22/2009 2- Rates cciogoo C0RPEN7ER.'.,. , .,.', ,. . , .',.''... I5.UD S.p7 Cu*swT wasow/coNCRsTD FINISHER.,' 12,45 0.00 E � � FENCE EREECTOR... ....... . ... .... . .s 5.94 0.00 LABORER: ooM-non or General.... . .$ 8.62 0.00 LaaoRsn; pipolayer' ,'' . .. . ^,''^^s 10^45 Cv,0V on � �� OPERATOR: �c��s�a�tor s l6 9V � � . ' ''' ^ ' ueanxTou; Paver (AupxalL, Aggregate, and iConczeta) ,.... ... .s 9.56 V.0Q bttps:Vbeta.sona.gov/vmqgo-deteooinatinu/PL2019002m/docomcot 9Y12/2019 E.1.b beta.SAM.gov Page 4 of 8 OPERATOR: Pump....... . ........ ..$ 11.00 +. f CL PAINTER: Roller and Spray.......$ 11.21 .00 PLUMBER.......... ... ... . .... ... ..$ 12.27 3.33 6 Ch ROOFER: Built Up, Composition, Not Tar and CL Single Ply............... .. ......$ 14.33 0.00 SHEET METAL WORKER, Excludes � HVAC Duct Installation.. ... ......5 14.41 3.61 0 TRUCK DRIVER, includes Dump and 10 Yard Haul Away. .. ... .... ..5 8.00 0.15 L_ ------------------- --------_ ------------------------------- o WELDERS - Receive rate prescribed for craft performing UJ le operation to which welding is incidental. 2 date: 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 M solicitation was issued) on or after January 1, 2017. if this contract is covered by the EO, the contractor must provide W employees with 1 hour of paid sick: leave for every 30 hours they work, up to 56 hours of paid sick leave each year. E Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including CD preventive care: to assist a family member (or person who is c® CD like family to the employee) who is ill, injured, or has other r health-related needs, including preventive care; or for reasons r resulting from, 'or to assist a Family member (or person who is 0) like family to the employee) who is a victiun of, damestic, Cu hitps:gbeta.sam.govswage-determination/FL.20190022/3/document 9/12/2019 Packet,Pg. 89 E.1.b beta.SAM,gov Page 5 o€' violence, sexual assault, or stalking. Additional information � on contractor requirements and worker protections under the EO CL 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 y award only as provided in the labor standards contract clauses (29cFE 5:5 (a) (1) (ii)) . CL CJ ---------------------------------------------------------------- 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 o order of ""identifiers" that indicate whether the particular > rate is a union rate {current union negotiated rate for local), a survey race (weighted average rate) or a union average rate (weighted union average rate) . Union :ate identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""5L°1' or "t'UAVG"` denotes that the union classification and rate were y prevailing for that classification in the survey, Example: W PLUM0198-005 07101/2014; PLUM is an abbreviation identifier of � the union which prevailed in the survey for this W 2 classification, which in this example would be Plumbers. 0198 CD iindicat:es the local union number or district council number where applicable, i.e., Plumbers Local 0190. The next number, CD 005 in the example; is an internal number used in processing the wage determination. 07/01,12014 is the effective date of the r Host current negotiated rate, which in this cyample is July 1, 2011. m littps://beta.som.gov/wage-determination/FL20190022/3/document 9/12/2019 Packet,Pg. 90 E.1.b heta.SAM.gov Page 6®f 8 Union prevailing wage rates are updated to reflect all rate CL changes in the collective bargaining agreement (CBA) governing this classification and rate. m Survey Rate identifiers y m Classifications listed under the ""5U identifier indicate that no one raze prevailed for this classification in the survey and CL the published rate is derived by computing a weighted average rate based an all the rates repented 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. Examale: SULA2012-001 5/1312014. SU indicates 0 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 m these classifications and rates are based. The next number, 007 > in the example, is an internal number used in producing the wage determination, 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a 0 new survey is conducted. � 0 Union .Average Rate identifiers 0 m ciassyfication(s) listed under the UAVG identifier indicate W that no single majority rate prevailed for those classifications; however, 100':, of the data reported for the E 0 classifications was union data. EXAMPLE: UAVG-OH-0010 � 08/29/2014. UAVG indicates that the rate is a weighted union r average rate. OH indicates the state. The next number, 0010 in c® the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date r for the classifications and races under that identifier.. 0 m https://beta.sam.gov/wage-determination/FL2019002-7/31docurnent 9/12/2019 Packet,Pg. 91 E.1.b beta.SA .gov Page 7 of 8 A UAVG rate will be updated once a year, usually in January of � each year, to reflect a weighted average of the current CL negotiated/CBA rate of the union locals from which the rate is Based. m ai m ------ -----®_®-------..-..........a-------------------- CL WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be 0 an existing published wage determination a survey underlying a wage determination a wage and Hour Division Letter setting forth a position on a swage 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 0) Davis-Bacon survey program. if the response from this initial contact is not satisfactory, then the process described in 2.1 and 3.) should be followed. m 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: CD C r Branch of Construction V7age DeterminationsCD cv Wage and Flour Division r U.S. Department of Labor r 200 Constitution Avenue, N.W, Washington, DC 20210 m https://beta.sam.govl%vage-detenniiiation/FL20190022/3/document 9/12/20 E 9 Packet,Pg. 92 E.1.b be-te.SAM.gov Page 8 of 8 2.) If the answer to the question in 1.) is yes, then an CL interested party (those affected by the action) ,can request review and reconsideration from the Wage and flour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to; m ai m Wage and Hour Administrator U.S. Department of Labor . 200 Constitution Avenue, N.W. CL Washington, DC 20210 The request should he 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. 0 3.) If the decision of the Administrator is not favorable, an m interested party may appeal directly to the Administrative > Review Board (formerly the Wage Appeals Hoard) . Write to: Administrative Review Board U.S. Department Qf Labor 200 ':onstitutic;n Avenue, N.W. Washington, r,C 20210 � 4,) All decisions by the Administrative Review Boars} are final. m r END OF GENERAL DECISION" CD � r N CD r r m littps://beta.slm.gov/wage-determination/FL20190022/3/document 9/H 2/2019 Packet,Pg. 93 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE -KEYS WIDE SECTION 00120 v, NON-COLLUSION AFFIDAVIT I, Miguel Garcia of the city of Miami CL according to law on my oath, and under penalty of perjury, depose and say that: d 1. I am Managing Member ns of the firm of Maverick United Elevator LLC the proposer making the Proposal for the project described in the. notice for calling for proposals for: _ Monroe County- COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE AND REPAIRS KEYS COUNTY and that I executed the said proposal with full authority to do so; ca 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 2 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or o to any competitor; and 0 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of LU restricting competition; and Ie 5. The statements contained in this affidavit are true and correct, and made with full knowledge of aid pr ' c r 0 UP . ig (Signs re Pr ser) (Date) E STATE OR Florida �•, •'� COUNTY OF: Miami-Dade * ppp PERSONALLY APPEARED BEFORE ME the undersigned authority, 9 Y � who, after first being sworn by me, (name of individual signing) affixed his/her si E space provided above, 2 on this CG day of 0(;Jche r 2019 N 6_ � NOTARY PU My commission expires: March 31, 2023 (SEAL) INSURANCE REQUIREMENTS AND FORMS 00120-Page 27 of 42 Packet,Pg. 94 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE-KEYS WIDE LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA E CL ETHICS CLAUSE a; " Maverick United Elevator LLC (Company) CL warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf. any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 0 0 (Signat ) °3 Date: �� UP . '9 2 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me onx '`� / f 1 ? �C°' (date) by Miguel Garcia (name of affiant). He/She is personally known to me or has produced as identif ation. (Type of identification) NOTAR*lsftLIC N cv My commission expires: March 31, 2023 P.H�Illulkiy/iwi VAR * - " s INSURANCE REQUIREMENTS AND FORMS _ soft 00 - Page 28 of 42 NIIII Packet,Pg. 95 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE - KEYS WIDE DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies that: Maverick United Elevator LLC (Name of Business) ai 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. CL 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 0 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 LU (Florida Statutes) or of any controlled substance law of the United States or any state, Ie for a violation occurring in the workplace no later than five (5) days after such conviction. , 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through E implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. n Pro ser's Signature Date CD l cV INSURANCE REQUIREMENTS AND FORMS 00120- Page 29 of 42 Packet,Pg. 96 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE -KEYS WIDE LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. CL 6 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Maverick United Elevator LLC Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the E vendor operates or performs business on a day to day basis that is a substantial component of the goods CL or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) CD r_ List Address: 10635 Nw 122nd St. Medley FL 33178 2 76 Telephone Number: 305-888-7599 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services, or o construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida _ Department of State for at least one (1) year prior to the notice of request for bids or proposals) 10635 Nw 122nd St. Medley FL 33178 Tel. Number 305-888-7599 Address T Print Name: Miguel Garcia SiPe ure ndre of Authorized Signatory for n Sir/ e s p o n STATE OF Florida COUNTY OF Miami Dade E On this day of C C: 20 't before me, the undersigned notary public, ersonalTy appeared M ty.c 1C—'i Q c-.1c't known to me to be the person whospn *,,s s scri -above or who ps oduced as identification, and ackno, ij��'/ NS he/she is the person who executed the above Local Preference Form for the purposes the c0 My commission expires: March 31, 2023 Print Name:j) Q V GI P lC'i fit • /GGi01a12 • INSURANCE REQUIREMENTS AND FOR 00120- I11M11N��e��` Packet,Pg. 97 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE A AI% E -KEYS WIDE IRE (SEAL) j .0 ••• L 100 0 <a CL PUBLIC ENTITY CRIME °A person or affiliate who has been placed on the convicted vendor list-following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a 2 public entity,,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public , entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CL CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." �/J, 2 I have read the above and state that neither l C,e�vc -f-� (Proposer's name) nor any Affiliate has been placedVon the convicted vendor list within the last thirty-six (36) months. 0 > (Sig tur4 leLU 2 Date: STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me on the f(� day of i Rd t� t name of affiant . He/She is ersonall 20 , by L 1 Q(� C ( ) p Y 2 known to me or hc'd produced (type of identification) as identification. cv cv My Commisjsi �7Ir March 31, 2023 ��Nttttll��pp��t�, ��a,.o F P'•�'�i��i A_. A PUBLIC � ••. INSURANCE REQUIREMENTS AND FORMS s ?*W120- Page 31 of 42 Packet,Pg. 98 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE-KEYS WIDE (SEAL) 0 CL ai CL c 0 0 0 2 cv CD cv INSURANCE REQUIREMENTS AND FORMS 00120- Page 32 of 42 Packet,Pg. 99 E.1.b COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE -KEYS WIDE VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descriptions): COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE AND REPAIRS KEYS COUNTY CL Respondent Vendor Name: Maverick United Elevator LLC Vendor FEIN: 45-15356546 Vendor's Authorized Representative Name and Title: Miquel Garcia , Member Managment Address: 10635 Nw 122nd St y City: Medley State: Florida Zip: 33178 Phone Number 305-888-7599 Email Address: info@mavelevator.com E CL Section 287.135, Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with o Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 0 As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities U in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: �✓�'T �'t_, who is authorized to sign on behalf/of t abov ref rent d co pang. CD Authorized Signature:. Print Name: �� Title: tE 'y- cv Note:The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists E INSURANCE REQUIREMENTS AND FORMS 00120-Page 33 of 42 Packet Pg. 100 10/11/2019 Maverick United Elevator Mail-How to register your state license with Monroe County 0 Maverick United Elevators <info@mavelevator.com> How to register your state license with Monroe County 0 Gross-Jamie<Gross-Jamie@monroecounty-fl.gov> Mon, Sep 16, 2019 at 9:18 AM To: Maverick United Elevators<Diana.Plaza@mavelevator.com> 0 Thank you for sending in your new information.Your account#16035 is active. ai Jamie Gross Contractor Licensing Coordinator CL Monroe County Building Department 2798 Overseas Highway Suite 300 0 Marathon, Florida 33050 (305)289-2564 0 L. 0 Please note:Florida has a vern broad public mcorde lain.112nst written communications to ot•front the County regarding County business are public record, available to the public and media upon mquest. Yow,e-mail contnuotication may be subject to public disclosta•e. m le U 0 From: Maverick United Elevators[mailto:Diana.Plaza@mavelevator.com] Sent: Monday, September 16, 2019 9:07 AM To: Gross-Jamie<Gross-Jamie@MonroeCounty-FL.Gov> Subject: Re: How to register your state license with Monroe County CAUTION 0 Good Morning Jaime, Please see attached. N Thank you h ttps://mail.google.com/mail/u/O?ik=5a6O634581&view=pt&search=all&permmsgid=msg-f%3A l644838180240078336&simpl=msg-f°/`3 Packet Pg. 101 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ,I 850-487-1395 BUREAU OF ELEVATOR SAFETY 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-1013 0 0 CL MAVERICK UNITED ELEVATOR LLC 10639 NW 122 ST MEDLEY FL 33178 6 v, CL m 0 m Congratulations! With this license you become.one of the nearly one million Floridians licensed by the Department of Business and �� Professional Regulation. Our professionals and businesses range STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque DEPARTMENT OF BUSINESS AND restaurants, and the keep Florida's economy strong. : PROFESSIONAL,-REGULATION resta y p 0 ELC614 ISSUED;;.11/29/2018 Every day we work to improve the way we do business in order 0 to serve you better. For information about our services, please log onto www.myflaridalicense.com. There you can find more ELEVATOR COMPANY information about our divisions and the regulations that impact MAVERICK UNITEfj ELEVATOR LLC °3 you,subscribe to department newsletters and learn more about ELEVATOR COMPANY ;,, the Department's initiatives. REQUIRED TO CARRY ORhBEGQVERED. Our mission at the Department is: License Efficiently, Regulate BY GENERAL LIABILITY 1"' LQ)ANCE Fairly.We constantly strive to serve you better so that you can. 1. serve your customers. Thank you for doing business in Florida, Is,REGiSTERED under the provisions of Ch9000 05 ,and congratulations on your new license! __Pitaiwn dais oEc si,z°'s ueiTzs000000s DETACH HERE RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BUREAU'OF ELEVATOR SAFETY t 0 ELC614 The'ELEVATOR COMPANYa r Named below IS REGISTERED _ °" . c� Under the provisions bf Chapter 399 FS. "� _, Expiration date. D.EC 31, 2019 NON- -REQUIRED TO CARRY OR BE COVERED "" TRANSFERABLE. BY GENERAL LIABILITY INSURANCE N MAVERICK UNITED EL-EVATOR•LLC_ �.� E '10639 NW 122 $T MEDLEY FL 33178 ISsuED. 11/29/2ot8 ' ` DISPLAY'AS REQUIREQ BY LAW SEQ{k L18112900 Packet Pg. 102 E.1.b Town of Medley LOCAL BUSINESS TAX RECEIPT y BTAX20-4456 2 2019=2020. ai MIGUEL GARCIA MAVERICK UNITED ELEVATOR LLC=, 10639"122 ST 10639.NW 922 ST - MEDLEY, FL .33178 MEDLEY, FL 33178,. ;:, CL Is hereby issued a Local Business Tax Receipt`f0 the Town of Medley, valrtl through September 30th of the tax year listed above`'for the occupation of MAINTENANCE OF ELEVATORS (0)FFICE) "Issuance of this Business Tax Receipt(BTR) is not a dievelopment or zornng approval; All activities and uses operated pursuant to this BTRshall comply with-,l Town of:Medley'Municipal Code, Miami-Dade County Uj Regulations and State Laws -'' _ I g7jY P RESTRICTIONS: PER DERM. DRY:,USE ONLY NO{CHEMICALDR HAZARDOUS MATERIAL STORAGE OR:HANDLING. NO OUTSIDE STORAGE:' NO'LI1%ING�ON'THE`�PREiUIISES TRACTORITRAILERS BACKED TO LOADING DOCK:MUST NOT,13LOCK RIGHT OF WAY N N This Local Business Tax Receipt must be exhibited conspicuously at your place of business. Packet Pg. 103 E.1.b • y 0 0 L. CL 001668 O Local Bus ":ass Tax R . . cep t Mlami-Dade Count}y�� h°- THIS It- OTA'BILL'pSptPoQ 6f Ftorid'a-' q%7722 CL BUSINESS NAMKOCATION MAVERICK UNITED ELEVATOR'LLC AeCEIPr.N°` 10639 NW 122ND ST RENEWAL EXPIRES MEDLEY FL 33'176 708721,9; SEPTEMBER,30 2620 Must,be displayed atplace of business rn 0 Pursuant to County.Code 0 Chapter aA-Art;9&10 0. OOWNER0� MAVERICK UNITED ELEVATOR LLC SEC.TYPE oFBUSINESS 196 GENERAL MECHANICAL.CONTRACTORPAYMENT RECEEVE° ELC614 Worker(s) q BY TAX COLLECTOR'$45.00 07/08/2019 els Local Business Tax Receipt confirms a CREDITCARD- 19_pga74Z P milt or a cmentcatfon of the holder s yyuallfications to do business. Holder.must aom 1 with Is \ or,nongovernmentr%Iraguletorylaws endrequiroMents wlii h elocal Business Tex.Thee Receipt is note license, 0 The RECEIPT N0,above must be displaye4pn all commercial vehicles_ Y 8opemmental 0 PPIV to the 6peinass. For more inform Miami-Dade Code Sec 8a- rn scion;visit v��,miamidaile a ZYB. 0 0 0 0 rn r 0 0 0 r tV tV r r 0 U rn Packet Pg. 104 E.1.b DATE(MNDDNYYY) �alkh.�R® CERTIFICATE OF LIABILITY INSURANCE 09/0412019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES y BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED r- REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must hive ADDITIONAL INSURED provisions or be endorsed. .5 If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ALAN EDWARDS StateFa)717 STATE FARM INSURANCE PHONE 954 434 8255— — FAX 954 434 2615 0) �M1 W.C.-Ao-E:ti:-_7,_.�-.__- - _ T:(A(G,No);_ -- _. E-MAIL -- - ------ - LL ALAN B.EDWARDS AGENCY E-MAI-APPRL s�ALAN@ALANEDWARDS,COM 4705 SW 148 AVE SUITE 103 INSURER FORDING COVERAGE I �NAIC B _m _...._.._.- _..... —_;_._...-.___._..._._.. DAVIE,FL 33330 INSURER A: State Farm Mutual Automobile Insurance Company i 251.78 aj INSURED INSURER 8: T4--` ------__-__.--_--------_._______-._ ____-_ 03 MAVERICK UNITED ELEVATOR LLC INSURER C 10639 NW 122ND ST INSURER D_ MEDLEY,FL 33178 INSURER E INSURER F: GOVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. S _.-_-.-,- ---- 43 IN ADDL,r$l18RI - - -� I POLICY EFF T-POLICY EXP LTR! TYPE OF INSURANCE 1 POLICY NUMBER MMIDDNYYY i MMIDDIYW T LIMITS _ COMMERCIAL GENERAL LIABILITYG i - EACH OCCURRENCE I S _ DANAGe TU FffWrE15- O IM CLAS-MADE 11 OCCUR MED EXP(Adne nerso�l _ S O PERSONAL 8 ADV INJURY i S___-__ I GEN'L AGGREGATE LIMIT APPLIES PER' CI I II GENERAL AGGREGATE S '� POLICY i� EC !LOC f I PRODUCTS COh PIOP AGG 1 S CI OTHER: i S AUTOMOBILE LIABILITY X i G26 3890-F27-59 13 Nissan .06/27/2019 1 12/27/2019 t.EO a8LNEDtSINGLE LIMIT i S G3 ANY AUTO 1 I BODILY INJURY(Per Pere n) S 1,0DD,D00 - OWNED ' SCHEDULED I f G26 3892-F27-59A 07 Toyota ; ;Y__.__ — .—__. A BODILY INJURY(Par as"-went): S 1 DOD 600 ti AUTOS ONLY AUTOS I i _ HIRED -' NON-OWNED I I G26 3893-F27-59A 05 Ford '---" "- -``" '� {{��,, 1 )PROPERTY DAMAGE $ 1 000 000- /_�I AUTOS ONLY AUTOS Or1L1' -,__-- f i s UMBRELLALtAB' -�OCCUR EACHOCCURRENGE 1 S___ EXCESSLIAB- CLAIIASMAOEi ! _ 1AGGREGATE____" I DED RETENTIONS ;� S WORKERS COMPENSATION i PER i OTH- �AND EMPLOYERS'LIABILITY y/N I I I �_ STpTUTE_J___�j ER 'ANY PROPRIETOR/PARTNERIEXECUTIVE ( j E.L.EACH ACCIDENT S i OFFICE:L'MEM,B°R EXCLUDED? 'NIA( i {,{_-___.___._�____-_.�T...-__-.�- .-. f(Mandatory In NH) i I i I E.L.DISEASE--EA LNT _- If yes.descnne tinder -- .DESCRIPTION OF OPERATIONS nalcw E.L.DISEASE-POLICY LIMIT;S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured-Monroe County BOCC 1100 Simonton Street Key West,Florida 33040 B pl O�'Eb N GEMENI E DAT WAIVER— S 1 'w a cv CERTIFICATE HOLDER CANCELLATION CD cV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1= 1 100 Simonton Street Key West.Florida 33040 AUTHORIZED REPRESENTATIVE Alan Edwards O 1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD IrM1496 132849.12 03-16-2016 Packet Pg. 105 E.1.b MAVER-5 OP IDS SAL CERTIFICATE OF LIABILITY INSURANCE DATE(MMI'DOIYYYY) 05/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES C BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. > IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on CL this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 954-776-2222 I CONTACT Nicholas A.Leto to Brown&Brown of Florida,Inc. PHONE 954-776-2222 _ !FAX 954-776-4446 LL 1201 W Cypress Creek Rd#130 ;lac,No,EYp: __(ac_H�: _ P.O.Box 5727 'E-MAIL Ft Lauderdale,FL 33310-5727 i Nicholas A.Leto __ INSURER(Si AFFORDING COVERAGE_.-. NA1C d INsuRERa_Burlington Insurance Company+ 23620cu y INSURED Maverick United Elevator LLC I INSURERS:Carolina Casualty Ins.Co.+— _I10— 2 Attn:David Alvarez I wsuRERq:Progressive Express Ins.Co.+ `110193 10639 NW 122nd Street — Medley,FL 33178 INSURER D — INSURERE: FL _ — —.— INSURER F: I (, COVERAGE$ CERTIFICATE N BER- REVISION NU BE : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT INITH RESPECT TO WHICH THIS > CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN NIAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI !ADDUSUBi POLICY EFF ; POLICYEXP LIMITS TYPE OF INSURANCE POLICY NUMBER t A j X COMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCE ?.5 1,000,000 CLAINISAIADE X,OCCUR Y �940BW51267 0412012019104120/2020•DAMAGE TOAENTEO �� 100,000 O �P�iErdtSES1E(La�w[L9D;�L ;E:, 1_Me0 ExP(A.ny one Persons _i 1,000 -- 1,000,000 PERSONAL 3 ADV INJURY 0 C— I (_GENeRA'_AGGREGATE 5 _ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: ! i 2,000 000 L. PRQ- PgO0UCT5-COhIP/OP AGG S ' POLICY i JE..T 1 LOC I .Ir S t8 OTHER: i CO&Ai3INED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea.acddCeU`____.---5--- ------ _ I ANY Alfi O �( LU BODILY INJURY Per�rscnl f S_ ._ OWNED SCHEDULED ' AUTOS ONLY AUTOS s BODILY INJURY(Per accidant�! HIRoO ONTO ONL-Q'NNE' i 1--(ROPERTY pP.tdAGE N AIMS ONLY __AUr � 1 � I Per acc�dentl �S is S 2000,000 A X UMBRELLA LIAR X;OCCUR EACH OCCURRENCE , EXCESS UAB CLAIMS-NIADE' +HFF0009286 i 04/20(2019 04/20/2020! ; 2,000,000 _ AGGRE:�ASE_�5 ! DED I RETENTION i i I , iI . PER I I_OTH- B WORKERS COMPENSATION _-5T&IUI_ _E_ --- 1,,000,,0AND EMPLOYERS'LIABILITY YfNi IBNUWC0116886 2019105/11/2 201iL-EACH ACCIDENT ANY A 'EXECUTNE iNfA 10000000 1OFFICER,'MEMSEREXCLUDED9 0 (Mandatory in NH) -' I i E.L.�ISEASE�Er1 EMPLOYEEI S I(`J05,describe underi I 'E.L.DISEAS -POL CY MIT - 1,000,000 DESCRIPTION OF OPERATIONS below I 1 I DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORO 101,Additional Remarks Schedule.may be attached it more space is required) Monroe Cunty BOCC is an additional insured with respect to General Liability and Auto Liability if required by written contract. A E By V 6ENic)VI � WAVER N/A - °� I CD CERTIFICATE HOLDER CANCELLATION tV MONROE1 CD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN r Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE r%` v 1 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 106