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Item F06
F.6 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: F.6 Agenda Item Summary #10659 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523 N/A AGENDA ITEM WORDING: Approval to waive County Purchasing Policy and enter into an Agreement with RollKall Technologies, LLC, for Processing of Payment for Security Services for the Monroe County Sheriffs Department off-duty security details. This Agreement will allow the County to process invoices for those details at various county locations for several County departments. ITEM BACKGROUND: The Monroe County Sheriff's Department has moved the management of their off-duty security details to RollKall Technologies, LLC (RollKall). In order to continue use of the MCSO Deputies by various County departments, the County will need to also utilize the services of RollKall. This contract will allow County departments to process invoices for security detail services requested by those departments. Currently, the off-duty security details are utilized by Parks & Beaches Dept. and the Libraries. The current hourly rate for the deputies is $55.00 per hour as of October 1, 2022. There is an additional five percent (5%) paid which will be retained by RollKall for its consideration under this Agreement. The initial contract term commences retroactive to October 1, 2022, and terminates on September 30, 2025. The County has the option to renew the Agreement for up to two (2) additional two-year periods. The Sheriff's Department has been consulted during this process. Mike Rice provided an email explanation on the Department's new use of RollKall to manage its off-duty detail work and manage the payroll for such work. The scheduling of the Deputy Sheriffs during their off-duty hours and payment of those services will be further enhanced by utilizing the RollKall Payment System Platform, which will include providing any end-of-year 1099-K Forms. Any future adjustment in the hourly rate or the percentage charged to the County requires approval of the Sheriff's Office and the BOCC. Staff seeks approval to waive the purchasing policy provisions and enter into the attached Agreement with RollKall so staff may continue its long-standing use of the MCSO Deputies, in addition to streamlining the scheduling and payroll process. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: Packet Pg. 233 F.6 Agreement with RollKall Technologies, LLC for Payroll Services to process invoicing for security duty detail shift work by the MCSO security services at Parks and Beaches and Library sites. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-19-22 RollKall Payroll Services Agreement(Parks Beaches) (Corrected Final with attachments legal stamped)partially executed 10-7-22 2022 10 COI RollKall signed exp 6 12023 (Risk approved) Mike Rice Email on RollKall Agreement on off-duty Depty detail assignments FINANCIAL IMPACT: Effective Date: Retroactive to 10/1/2022 for contract term to commence Expiration Date: 9/30/2025 (unless additional options to renew are exercised) Total Dollar Value of Contract: $225,000 Total Cost to County: $225,000 Current Year Portion: $225,000 Budgeted: $225,000 Source of Funds: General Operating CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: None Insurance Required: Yes (Corrected COI approved by Risk is attached) Additional Details: This contract can be utilized by any county department desiring Sheriff's off-duty security details. The current Sheriffs hourly rate is $55.00 effective 10/01/2022, plus 5% to RollKall as per the Agreement. 10/01/22 147-20503 - UNINC PARKS & BEACHES $225,000.00 Sheriffs security details REVIEWED BY: Patricia Eables Completed 10/07/2022 6:05 PM John Allen Completed 10/11/2022 2:26 PM Risk Management Completed 10/11/2022 2:47 PM Purchasing Completed 11/01/2022 12:00 PM Budget and Finance Completed 11/01/2022 3:12 PM Packet Pg. 234 F.6 Joseph DiNovo Skipped 10/07/2022 6:00 PM Lindsey Ballard Completed 11/01/2022 3:24 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 235 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F AGREEMENT FOR THE PROCESSING OF PAYMENT FOR SECURITY SERVICES PERFORMED BY MONROE COUNTY DEPUTY SHERIFFS DURING OFF-DUTY DETAILS ON MONROE COUNTY PROPERTY cu This Agreement is made and entered into this 19th day of October, 2022, between CL MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, CL whose address is 1100 Simonton Street, Key West, Florida 33040, and RollKall Technologies, E LLC, a Delciwcire Limiled Lzcibilily Conij)w y, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 600 East 1,as Colinas Boulevard- Site 900, Irving, 'T'exas 75039-5631 WHEREAS, COUNTY has an ongoing need for the provision of security and law E enforcement services on COUNTY facilities and at public events on COUNTY property- and WHEREAS, the Monroe County Sheriff Office, among other law enforcement agencies and private security firms, has currently furnished to the COUNTY law enforcement officers, primarily Deputy Sheriffs ("Deputy Sheriffs"), to perform security and law enforcement service details for the COUNTY at its facilities and property during their off-duty hours; and WHEREAS, COUNTY currently pays the Deputy Sheriffs directly for the provision of these services- and 0 U WHEREAS, the scheduling of the Deputy Sheriffs during their off-duty hours would be U) enhanced and payment thereto for the services provided to the COUNTY would be expedited by the utilization of the RollK.all Payment System Platform; and U) WHEREAS, COUNTY desires to contract for the performance of the work or services described in the below Scope of Work- and WHEREAS, CONTRACTOR desires to and is able to perform the work or services E described in below Scope of Work; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the services, as described in the below Scope of Work for COUNTY1- NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 0- I a THE AGREEMENT The Agreement consists of this document and all insurance documentation required 6 hereunder, and attachments, if any. W N N 2. SCOPE OF WORK The RollK.all Platform Payment System ("RoIlK.all Platform") only enables connections between law enforcement agencies, off-duty officers, and persons seeking to obtain E 32524945v.1 Packet Pg. 236 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F security services from such officers, for the fulfillment of contract employment. COUNTY shall pay the Monroe County Sheriff Deputy directly for completed services through the RoIlKall Platform. Payments are processed through Stripe, a third-party certified Payment Card Industry Infori-nation (PCI) Service Provider, Level 1. Deputies will be issued a 1099- K. from CONTRACTOR for services provided to COUNTY. CL 3. PERSONNEL CL E Communication between the COUNTY Representative and the CONTRACTOR'S personnel is of paramount importance. Therefore, the CONTRACTOR must assure that at least one (1) of its personnel can communicate well in the English language with the U) COUNTY Representative. Any employee hired by the CONTRACTOR shall be the CONTRACTOR'S employee and in no way has any employment association with the E COUNTY. The CONTRACTOR shall ensure that its employees are trained in all appropriate safety regulations including, but not limited to, OSHA regulations, security protocols of the Monroe County Sheriff Office, the proper safeguarding of confidential personnel information of governmental safety officers exempt from public disclosure pursuant to Subsection 119.071(4),Florida Statutes and all other applicable local, State and Federal regulations. U_ 4. CONTRACT S I JM AND PAYMENTS TO CONTRACTOR 0 A. COUNTY'S performance and obligation to pay under this Agreement is contingent U upon an annual appropriation by the Monroe County Board of County Commissioners ("BOCC"). COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code. Payment will be made after delivery to and inspection by COUNTY of the information described U) in Subsection 4(D) of this Agreement and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to the Monroe County Sheriff Office accurate and E timely information regarding the services provided to the COUNTY by Deputies 2 no later than twenty (20) days after law enforcement off duty detail is performed with such supporting documentation acceptable to the Office of Monroe County U) Clerk and Comptroller ("Clerk"). Acceptability to the Clerk is based on generally accepted accounting principles and such laws,rules, and regulations as may govern the Clerk's disbursal of funds. Monroe County's Fiscal Year is October I"through September 3011i. All outstanding invoices must be submitted for payment within ten 10) days of the end of the Fiscal Year to avoid non-payment for those services. C The COUNTY shall pay the rate set by the Monroe County Sheriff's Office -6 (currently $55 per hour per Deputy requested for the off-duty detail, plus five W N percent(5%), which such 5% will be retained by CONTRACTOR in consideration of CONTRACTOR fulfilling its obligations of this Agreement, including COUNTY insurance requirements. Any adjustment to the hourly rate or the percentage charged to the COUNTY requires the approval of the Monroe County Sheriff Office and the Monroe County Board of County Commissioners. E 2 32524945v.1 Packet Pg. 237 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F Notwithstanding any other provision contained herein, should such ad' j ustrnent not be agreed to by the Office of Sheriff and the COUNTY, this agreement shall immediately ten-ninate. D CONTRACTOR shall submit to the Monroe County Sheriff Office accurate and timely information regarding the services provided to the COUNTY by an off-duty Deputy from which all invoices can be generated by the Monroe County Sheriff CL Office. Such infon-nation, at minimum, shall include: the name of the Monroe E County Deputy, the Date of the Detail, the Exact Hours of the Detail and the Total U) - Dollar Amount Requested. Such infon-nation shall be contemporaneously provided ra to the COUNTY for verification. U) E CONTRACTOR shall prepare all documentation required by this Agreement in E such a manner that it shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document 3: costs in a manner that is acceptable for reimbursement by government agencies. U_ F The services provided by this Agreement are limited to the payment for performance of security services to COUNTY by off-duty Monroe County Deputy Sheriffs. If scheduled services are not provided by an off-duty Deputy, COUNTY 0 will not pay the 5% service fee to CONTRACTOR for the scheduled service. U 5. TERM OF AGREEMENT This three (3) year Agreement shall commence retroactive to October 1, 2022, and ends upon September 30, 2025, unless ten-ninated earlier under either Subparagraph 4(C) or Paragraph 21 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) two-year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) E days prior to the end of the initial term. Unless the context clearly indicates otherwise, 2 references to the "terra" of this Agreement shall mean the initial terrn of three (3) years. The COUNTY is not required to state a reason if it elects not to renew. 0U) .2 6. LICENSES CONTRACTOR has, and shall maintain throughout the term of this Agreement, all 0 licenses, pen-nits or other authorizations necessary to fulfill its obligations under this Agreement. Proof of such licenses shall be submitted to the COUNTY upon execution of this Agreement and annually thereafter or upon any renewal. -6 W 7. All OF RECORDS CN CN 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 E Born the termination of this Agreement or five (5) years from the submission of the final 3 32524945v.1 Packet Pg. 238 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access X to such records of each other party to this Agreement for public records purposes during 21 the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid CL to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the CONTRACTOR, the CONTRACTOR CL shall repay the monies together with interest calculated pursuant to Section 55.03, Florida E Statutes, running from the date the monies were paid by the COUNTY. U) 8. RIGHT TO A LJDIT U) Availabilil (?f Records. The records of the parties to this Agreement relating to their E respective rights and obligations hereunder, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters 0 that may, in COUNTY'S or the County Clerk's reasonable judgment, have any bearing on U or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not U) limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts E through interviews and written confin-nations with employees, Subcontractors, suppliers, and Contractor's representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to U) conduct an audit of Records, assets, and activities relating to this Project. If any auditor 2 0 . employed by the Monroe County or County Clerk 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 calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 9. PUBLIC RECORDS COMPLIANCE -6 W N 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 subjectto the provisions of Chapter 119,Florida Statutes, E 4 32524945v.1 Packet Pg. 239 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F 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 in accordance with Section 2 1(C)hereof 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 CL enforce the terms of this provision in the form of a court proceeding and shall, if it is the prevailing party, be entitled to reimbursement of all attorney's fees and costs associated CL E with that proceeding. This provision shall survive any termination or expiration of the contract. U) The CONTRACTOR is encouraged to consult with its advisors about Florida Public U) Records Law in order to comply with this provision. E Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this 0 chapter or as otherwise provided by law. L) (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 U) 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 E that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining 0 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. -6 (5) A request to inspect or copy public records relating to a COUNTY contract must W be made directly to the COUNTY, but if the COUNTY does not possess the N requested records, the COUNTY shall immediately notify the CONTRACTOR of T- I the request, and the CONTRACTOR must provide the records to the COUNTY or Q T- allow the records to be inspected or copied within a reasonable time. E 5 32524945v.1 Packet Pg. 240 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F If the CONTRACTOR does not comply with the COUNTY'S request for records, the COUNTY shall enforce the public records contract provisions in accordance X with the contract, notwithstanding the COUNTY'S option and right to unilaterally 21 cancel this contract in accordance with Section 21(C) hereof 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 1 19.10, Florida CL E Statutes. U) - The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise ra dispose of any public records unless or otherwise provided in this provision or as U) otherwise provided by law. E IF THE CONTRACTOR HAS QUESTIONS REGARDINGTHE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, 'TO 'THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO 'THIS CONTRACT', CONTACT-THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT' PHONE4 305-292- 3470, BRAD L,EYBRIAN(a7 MONROECOUNTY.-F L,.GOV, MONROE COUNTY ATTORNEY'S OFFICE, I I I I 12TH STREET', SUITE 408, KEY WEST', FL, 33040. 10. HQIaD HAR D INS URANCE 0 U Notwithstanding any minimum insurance requirements prescribed elsewhere in this U) agreement, CONTRACTOR shall defend, indemnify, and hold the COUNTY and the COUNTY'S elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, U) 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, in each case solely to the extent arising by reason of, or in connection with, (A) the negligence E recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of 2 CONTRACTOR or any of its employees, agents, sub.-contractors, or other invitees, or(B) U) CONTRACTOR'S default in respect of any of the obligations that it undertakes under the 0 terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the negligent or more culpable acts or omissions of the COUNTY or any of its employees, agents, contractors, or invitees (other 0 than CONTRACTOR). IN NO EVENTSHALA, CONTRACTOR BE LIABLE UNDER THIS AGREEMENT-TO COUNTY OR ANY 'THIRD PARTY FOR CONSEQUENTIAL, INDIRECT', -6 INCIDENTAL, SPECIAL, EXI--'MPLARY, PUNITIVE OR ENHANCED DAMAGES, W L,OSTPROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT NOF, N REL,ATING TO, OR IN CONNECTION WITH ANY BREACH OF 'THIS T- AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE T- 4i FORESEEABL,E, (B) WHETHER OR NOT' ITWAS ADVISED OFTHE POSSIBI1,ITY E 6 32524945v.1 Packet Pg. 241 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F OF SUCH DAMAGES AND (C) 'THE 1,EGAI, OR EQUITABLE 'THEORY (CONTRACT, TORT' CAR OTHERWISE) UPON WHICHTHE CLAIM IS BASED. X 0 21 IN NO EVENTSHALJ, CONTRACTOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO 'THIS AGREEMENT, WHETHER ARISING OUT' OF OR RELATED TO BREACH OF C ONTRACT, TORT (INC LUDING NEGLIGI--,NCE) OR CL :a OTHERWISE, EXCEEDTHE TOTAL, OF THE AMOUNT'S PAID OR PAYABLE 'T'O 0 CL CONTRACTOR OR $1 MILLION, WHICHEVER IS GREATER. E U) Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section U) will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. E In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 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 0 this Agreement. U 11. INSLJRANCE CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. E Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: .2 A. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSLJRANCE. Where applicable, coverage to apply for all employees at the minimum statutory limit 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. -6 W B COMPREHENSIVE ALJTOMOBILE VEHICLE LIABILITY INSLJRANCE. N Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300 000.00 per occurrence,combined single limit for Bodily Injury Liability and Property Damage I.Jability. 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 0.00.00 per person, 7 32524945v.1 Packet Pg. 242 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F $300 0.00.00 per occurrence, and $200 0.00.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. X 0 21 C COMMERCIAL GENERAL LIABILITY. Commercial General I. Lability Insurance, including Personal Injury I.Jability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products E and Completed Operations, Independent Contractors; Broad Form Property Damage and a Limited Contractual Liability Endorsement $1,000,000 per occurrence and $10,000,000 umbrella coverage for Bodily Injury Liability and Property Damage Lability. Coverage shall be no less extensive that that set forth in CONTRACTOR'S "Special Form" General Liability Coverage. E An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. U_ D FESSIONAL LIABILITY INSURANCE OR ENGINEER'S ERRORS AND OMISSIONS INSURANCE of$1,000,000 per claim and$1,000,000 annual 0 aggregate. U E CYBER LIABILITY INSURANCE to include the following coverages: Data Breach,Network Security Lability,Internet Media,Network Extortion,Regulatory Proceedings, PCI Fine and Cost. The minimum limits acceptable is: $1,000,000 U) CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a E 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 U) 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. 0 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above. The COUNTY will not pay for increased limits of insurance for subcontractors. -6 W As a pre-requisite of the work and services governed, or the goods supplied under N this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at its/his/her own expense, insurance as specified V_ herein. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR.Alternatively,the E 8 32524945v.1 Packet Pg. 243 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F CONTRACTOR may require all Subcontractors to obtain insurance consistent with the provisions of this Agreement. X 0 21 The CONTRACTOR will not be permitted to commence work governed by this Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CL CONTRACTOR to provide satisfactory evidence of the required insurance, shall E not extend deadlines specified in this Agreement. U) The CONTRACTOR shall maintain the required insurance throughout the entire U) term of this Agreement and renewal term(s), if any. Failure to comply with this provision may result in the immediate suspension of all work until the required E insurance has been reinstated or replaced. The CONTRACTOR will be held responsible for all deductibles and self-insured retentions that may be contained in the CONTRACTOR'S Insurance policies. The CONTRACTOR shall provide to the COUNTY, as satisfactory evidence of the required insurance, either: 0 Certificate of Insurance. 0 0 A Certified Copy of the Actual Insurance Policy U The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies, including all amendments, endorsements, exclusions or changes to the policy, required by this contract All insurance policies must specify that they are not subject to cancellation, non.- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed U) under this Agreement or imposed by law. 0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, IT'S EMPL,OYEES AND OFFICIALS SHALA, BE NAMED AS CERTIFICATE HOL,DER AND ADDITIONAL, INSUREDS WITH RESPECT' TO CONTRACTOR'S LIABI1,ITIES HEREUNDER ON ALL, POLICIES EXCEPT' WORKER'S COMPENSATION AND PROFESSIONAL, LIABII,I'T'Y INSURANCE OR ENGINEER'S ERRORS AND OMISSIONS INSURANCE. -6W CN CN 12. NON-WAIVER OF IMMUNITY T- Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability 9 32524945v.1 Packet Pg. 244 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F insurance pool coverage shall not be deemed 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. 13. INDEPENDENT CONTRACTOR CL :a At all times and for all purposes under this Agreement, CONTRACTOR is an independent 0 CL contractor and not an employee of the Board of County Commissioners of Monroe County. E 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 Monroe County. U) 14. NONDIS(.:;RIMINATIOL1 1JAL EMPLOYMENT OPPORTUNITY E CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PI, 88-352) which prohibits discrimination on the basis of race, color or national origin- 2) Title IX of the Education 0 Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686), which prohibits U discrimination on the basis of sex- 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps- 4)'The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age- 5) 'The Drug Abuse Office and 'T'reati-nent Act of 1972 U) (PI, 92-255), as amended, relating to nondiscrimination on the basis of drug abuse- 6) 'The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PI,91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism- 7) 'The Public Health Service Act of 1912, ss. 523 and 527 (42 USC E ss. 690dd.-3 and 290ee.-3), as amended,relating to confidentiality of alcohol and drug abuse 2 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as < amended, relating to nondiscrimination in the sale, rental or financing of housing- 9) 'The U) Americans with Disabilities Act of 1990(42 USC s. 12 101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability-1 10) onr®e County Code Chapter 14, Article 11, which prohibits discrimination on the basis ®Trace, color, sex, 0 religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; I I) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. -6 During the performance of this Agreement,the CONTRACTOR,in accordance with E'(11,1CII W E'ni,I)Io�ymenl 01)1)orl7 nity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 tromp., N N p. 339),as amended by Executive Order 11375,Amending Execulive Order 11246 Relating to Equal EniI)Io�ymenl 01)1)orlunity, 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 11, ¶ C, agrees as follows: 10 < 32524945v.1 Packet Pg. 245 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising" E layoff or termination- rates of pay or other forms of compensation- and U) selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants U) for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. E (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. U_ (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee 0 or applicant has inquired about, discussed, or disclosed the compensation of U the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other U) 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. U) (4) The CONTRACTOR will send to each labor union or representative of 0 workers with which it has a collective bargaining agreement or other 2.1 contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR'S commitments 6 under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The CONTRACTOR will comply with all provisions of Executive Order 0 11246 of September 24, 1965, and of the rules, regulations, and relevant W N orders of the Secretary of Labor. N (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 11 32524945v.1 Packet Pg. 246 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted U) construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions U) may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the E Secretary of Labor, or as otherwise provided by law. (8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of U- Executive Order 11246 of September 24, 1965, so that such provisions will 2 be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the 0 U administering agency may direct as a means of enforcing such provisions, U) including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such U) litigation to protect the interests of the United States. 15. ASS IGNMENT/S LJBCON TIER ACT E 0 CONTRACTOR shall not assign or subcontract its obligations under this Agreement to 2 0 others, except in writing and with the prior written approval of the Board of County < U) Commissioners of Monroe County, which approval shall be subject to such conditions and 0 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, 0 L- such approval shall in no manner or event be deemed to impose any additional obligation uIron the Board. (L 16. COMPLIANCE WITH LAW AND LICENSE RL UIREMENTS -6 W CN In providing all services/goods pursuant to this Agreement, CONTRACTOR shall abide C14 by all laws of the F 0) Federal and State government, ordinances, rules, and regulations T- pertaining to, or regulating the provisions of, such services, including those now in effect T- 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, E 12 < 32524945v.1 Packet Pg. 247 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the COUNTY to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. IS( La AND CONFLICT OF INTEREST CL CL CONTRACTOR represents that it, its directors, principals and employees, presently have E no interest and shall acquire no interest, either direct or indirect, which would conflict in U) any manner with the performance of services required by this contract, as provided in Section 112311, et. seq., Florida Statutes. U) COUNTY agrees that officers and employees of the COUNTY recognize and will be E required to comply with the standards of conduct for public officers and employees as delineated in Section 112313, 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. U_ No Solicitation/Payment. COUNTY and CONTRACTOR warrant that, in respect to themselves, they have neither employed nor retained any company or person, other than bona fide employees working solely for them, to solicit or secure this Agreement and that 0 they have not paid or agreed to pay any person, company, corporation, individual, or firm, L) other than a bona fide employee working solely for them, any fee, commission, percentage, U) 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 U) discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT E 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 .2 that would impair its ability to fulfill the terms of this contract. 19 0. NOTICE REQLIRL= All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sentby United States Mail,certified,return receipt -6 requested, postage pre.-paid, or by courier with proof of delivery. The place of giving N Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non.-acceptance of delivery. Notice shall be sent to the E following persons: 13 < 32524945v.1 Packet Pg. 248 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F FOR COUNTY: FOR CONTRACTOR: Monroe County RoIlK.all 'T'echnologies, LLC Manager, Monroe County Public Library Attn: ---------------------------------------- 700 Fleming Street 600 East Las Colinas Boulevard CL Key West, FL, 33040 Site 900 Irving, 'Texas 75039-5633 CL E Monroe County Director of Parks & Beaches 102050 Overseas Highway U) Key Largo, Florida 33047 E And Monroe County Attorney 111 12 th Street, Site 408 Key West, FL 33040 20. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR 0 L) shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'STax 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. 21. TERMINATION E A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the 0 other party sixty (60) days' written notice of its intention to do so. If the COUNTY terminates this Agreement with the CONTRACTOR pursuantto this Section 21(B), COUNTY shall pay CONTRACTOR all amounts due the CONTRACTOR arising under this Agreement prior to termination. 0 W N C Termination for Cause and Remedies: In the event of breach of any contract terms by a party, the other party retains the right to terminate this Agreement in T- accordance with this Section 21(C). In the event of such termination, prior to T- termination, the non-breaching shall provide the breaching party with five (5) calendar days' notice and provide the breaching party with an opportunity to cure E 14 < 32524945v.1 Packet Pg. 249 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F 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- however, the COUNTY reserves the right to assert and seek an offset for damages caused by the CL breach. The maximum amount due to CONTRACTOR shall not in any event exceed the agreed amounts in this Agreement. In addition, the COUNTY reserves CL E 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 U) -ra of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. U) D Termination for Convenience: The COUNTY may terminate this Agreement for E convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall Tray CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. E For Contracts of any amount, if the COUNTY determines that the CONTRACTOR has submitted a false certification under Section 287.135(5), Florida Statutes, or 0 U 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 (I terminating the Agreement after it has given the CONTRACTOR 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 U) the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F For Contracts of $1,000,000 or more, if the COUNTY determines that the CONTRACTOR submitted a false certification under Section 287.135(5), Florida E Statutes, or if the CONTRACTOR has been placed on the Scrutinized Companies 2 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(I) terminating the Agreement after it 2.1 has given the CONTRACTOR written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 6 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING V E N I J�EA N D�IN R E T E RPT A T LLAW This Agreement shall be governed by and construed in accordance with the laws of the N N State of Florida applicable to Agreements made and to be performed entirely in the State. T- In the event that any cause of action or administrative proceeding is instituted for the T- 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 E 15 < 32524945v.1 Packet Pg. 250 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F Monroe County, Florida. The Parties waive their rights to trial by jury. This agreement shall not be subject to arbitration. X 0 21 23. MED[ATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations CL of the terms or a 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 E proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement U) shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. U) 24. SEVERABILITY E 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 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 COUNTY and CONTRACTOR agree to 0 reform the Agreement to replace any stricken provision with a valid provision that comes U as close as possible to the intent of the stricken provision. 25. ATTORNEYS FEES AND COSTS U) 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 E the non-prevailing party, at all levels of the court system, including in appellate 2 proceedings. U) 0 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS .2 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 0 the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or -6 remedy as may be provided by this Agreement or by Florida law. This Agreement is not W subject to arbitration. This provision does not negate or waive the provisions of Paragraph N 14 or Paragraph 21 concerning termination or cancellation. T- T- E 16 < 32524945v.1 Packet Pg. 251 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F 27. COOPERATION X In the event any administrative or legal proceeding is instituted against either party relating 0 21 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, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CL CONTRACTOR specifically agree that no party to this Agreement shall be required to E enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT U) The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to E the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 29. 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 required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely 0 voluntarily, and with advice of counsel. U 30. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, U) seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect this Agreement will be provided to each party. E 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and U) rules and pensions and relief, disability, workers' compensation, and other benefits which 0 .2 apply to the activity of officers, agents, or employees of any public agents or employees of 2.1 the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the 0- performance of such functions and duties of such officers, agents,volunteers,or employees outside the territorial limits of the COUNTY. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES/NON-DEIaEGATION OF -6 W CONSTITUTIONAL OR STATUTORY DUTIES. CN CN T- This Agreement is not intended to, nor shall it be construed as, relieving any participating Q entity from any obligation or responsibility imposed upon the entity by law except to the T- extent of actual and timely performance thereof by any participating entity, in which case 4i the performance may be offered in satisfaction of the obligation or responsibility. Further, E 17 < 32524945v.1 Packet Pg. 252 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional ®r statutory duties of the COUNTY, except t®the extent permitted by the Florida constitution, state statute, and case law. 33. NON-REIJANCE BY NON-PARTIES N® pers®n ®r entity shall be entitled t® rely upon the terms, ®r any of them, of this CL Agreement t® enforce ®r attempt t® enforce any third-party claim ®r entitlement t® ®r E benefit of any service ®r program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR ®r any agent, officer, ®r employee of either shall have the authority t® inform, counsel, ®r otherwise indicate that any particular individual ®r group of individuals, entity ®r entities, have entitlements ®r benefits under this Agreement separate and apart, inferior to, ®r superior t® E the community in general ®r for the purposes contemplated in this Agreement. 34. ATTESTATIONS CONTRACTOR agrees t® execute such documents as the COUNTY may reasonably require, t® the extent reasonably necessary t® carry out the provisions of this Agreement and give effect t® the transactions contemplated hereby, including, but not limited to, a Public Entity Crime Statement,an Ethics Statement,Non.-Collusion Statement,and a Drug.- Free Workplace Statement(Attachment A). 0 U 35. NO PERSONAL LIABILITY U) N®covenant®r agreement contained herein shall be deemed t®be a covenant®r agreement of any member, officer, agent, ®r employee of COUNTY ®r CONTRACTOR in his ®r her individual capacity, and n® member, officer, agent, ®r employee of COUNTY ®r CONTRACTOR shall be liable personally ®n this Agreement®r be subject to any personal liability ®r accountability by reason of the execution of this Agreement. E 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be U) regarded as an original, all of which taken together shall constitute one and the same 0 instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 0 37. 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 -6 W and will not be used in the interpretation ®f any provision ®f this Agreement. N 38. PUBLIC ENTITY CRIME STATEMENT "A person ®r affiliate who has been placed ®n the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, ®r reply ®n a contract E 18 < 32524945v.1 Packet Pg. 253 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public X work,may not submit bids on leases of real property to a public entity,may not be awarded 21 or perform work as a contractor, 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 287.0 17, Florida Statutes, for CATEGORY TWO for a period of thirty.- six (36)months from the date of being placed on the convicted E vendor list." U) 39. MUTUAL REVIEW U) 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 E authorship. 40. 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 will be terminated upon CONTRACTOR'S receipt of written notice thereof from COUNTY, and the COUNTY will have no further obligation under the terms of this 0 Agreement to the CONTRACTOR beyond that already incurred by the termination date. U 41. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall U) not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 42. CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be U) required to comply with the standards of conduct for public officers and employees as 0 delineated in Section 112313, 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. 43. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES -6 W CN N CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 0 10.-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 0201990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and 19 < 32524945v.1 Packet Pg. 254 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F 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. 44. AGREEMENTS WITH SLJBCON TRACT ORS CL :a In the event that the CONTRACTOR subcontracts any or all of its obligations under this Agreement to any third party, the CONTRACTOR specifically agrees to identify the E COUNTY as an additional insured on all insurance policies required hereunder. In addition, the CONTRACTOR specifically agrees that all agreements or contracts of any nature with its subcontractors shall require such subcontractors to name the COUNTY as U) an additional insured. E 45. E-VERIFY SYSTEM cis Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E.-Verify system to verify the work authorization of all new employees hired by the 0 subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating ) that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. U) 46. FEDERAL CONTRACLRL�911REMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 CTR. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended, including but not limited to: 46.1. Davis-Bacon Act as amended 0 U.S.C. 3141-3148J. U) .2 When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non.-Federal entities must comply with the Davis.-Bacon Act (40 U SC §§3 141-3 144, and §§3 146-3 148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally -6 Financed and Assisted Construction"). In accordance with the statute, contractors must be N required to pay wages to laborers and mechanics at a rate not less than the prevailing wages T- I specified in a wage determination made by the Secretary of Labor. In addition, contractors Q T- 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 E solicitation, a copy of which will be attached hereto as Attachment B and made a part 20 < 32524945v.1 Packet Pg. 255 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage deten-nination. The COUNTY must report all suspected or reported X 0 violations to the Federal awarding agency. 21 When required by Federal program legislation, which includes Emergency Management CL Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant 'a Program, Tribal Homeland Security Grant Program, Port Security Grant Program and 0 CL Transit Security Grant Program (it does not apply to other FEMA grant and cooperative E agreement programs, including the Public Assistance Program), the contractors, in U) contracts for construction or repair work above $2,000 in situations where the Davis.-Bacon also applies,must also comply with the Copeland"anti.-Kickback"act(40 U.S.C. § 3145), U) as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans E or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. U_ (1) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. 0 L) (2) Subcontracts. The contractor shall insert in any subcontracts related to this Agreement 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 U) prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for E 0 termination of the contract, and for debarment as a contractor and 2 subcontractor as provided in 29 CTR. § 5.12. U) Additionally, in accordance with the regulation, each contractor and subcontractor must .2 furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti.-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. -6 W 46.2. Contract Work Hours and Safety Standards Act (40 U.SC §§3701.-3708). Where C14 C14 1 applicable, which includes all FEMA grant and cooperative agreement programs, all 0) contracts awarded by the COUNTY in excess of$100,000 that involve the employment of It- mechanics or laborers must comply with 40 U.SC§§ 3702 and 3704, as supplemented by 4, a Department of Labor regulations (29 CFR Part 5). Under 40 U.SC §3702 of the Act, each 0 E 21 < 32524945v.1 Packet Pg. 256 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F contractor must compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U SC 3704 are applicable to construction work and provide that no laborer or mechanic mustbe required to work in surroundings or under working conditions, which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. U) (1) Overlime requirement�. No contractor or subcontractor contracting for any E part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violcilion; licibililyfbr unl)cfid wages; liquidwed dcimages. In the event of 0 any violation of the clause set forth in paragraph (b)(I) of 29 CTR. §5.5, U the Contractor and any subcontractor responsible therefor shall be liable for U) the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for U) liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(I) of 29 CTR. §5.5, in the sum of $27 for each calendar day on which such E individual was required or permitted to work in excess of the standard 2 workweek of forty hours without payment of the overtime wages required U) by the clause set forth in paragraph (b)(I) of this section. 20 2.1 (3) Wilhholdingfi)r unl)aid wages and liquidaleddamages. The Federal agency shall upon its own action or upon written request of an authorized 0 representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject 0 to the Contract Work Hours and Safety Standards Act, which is held by the W N same prime contractor, such sums as may be determined to be necessary to N satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. E 22 < 32524945v.1 Packet Pg. 257 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F (4) Subconlrac& The contractor or subcontractor shall insert in any subcontracts related to this Agreement the clauses set forth in 29 CTR. §5.5, paragraphs (b)(1) through (4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I through (4) of this section. E 46.3. If the Federal award meets U) the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit U) organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the E recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 46.4. Clean Air Act ter Pollution Control act Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U S.C. §§7401.-7671q) and the Federal Water Pollution Control Act, as 0 L) amended (33 U S.C. §§125 1.- 1387) and will report violations to FEMA/Federal Agency U) and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U S.C. §§7401.- 7671q.) and the Federal Water Pollution Control Act (33 U S.C. §§125 1-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each U) subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/F Eederal Agency and the appropriate EPA 0 Regional Office. 2 46.5. Debarment an A contract under a "covered transaction" (see 2 CTR. §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management(SA ), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 0 C.F.R. part 1986 Comp., P. 189) and 12689 (3 C.F.R. part 1989 Comp., P. 235), "Deban-nent and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SA M Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as -6 parties declared ineligible under statutory or regulatory authority other than Executive N Order 12549. SAM exclusions can be accessed at www,sam,ggy. CONTRACTOR is T- required to verify that none of the CONTRACTOR'S principals (defined at 2 CTR. Q §180.935) or its affiliates (defined at 2 CTR. §180.905) are excluded (defined at 2 CTR. T- §180.940) or disqualified (defined at 2 CTR. §180.935). The CONTRACTOR must 4i comply with 2 CTR. pt. 180, subpart C and 2 CTR. pt. 3000, subpart C, and must include E 23 < 32524945v.1 Packet Pg. 258 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the CONTRACTOR did not comply with 2 CTR. pt. 180, subpart C and 2 CTR. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 CTR. pt. 180, subpart C and 2 CTR. pt. 3000, subpart C while this E offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its U) lower tier covered transactions. U) 46.6. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the E tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC § 1352. Each tier must also disclose any lobbying with non.- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000.00, the required certification must be signed and submitted by the CONTRACTOR to the COUNTY. 0 U 7 46.7. Co Hance with Prou crement of Recovere s as d Material set forth in 2 (-F.R. 1 M L-0 203.322. 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 U) Protection Agency (EPA) at 40 CTR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000- procuring solid waste E management services in a manner that maximizes energy and resource recovery- and 2 establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA.- .2 designated items unless the product cannot be acquired ----- 0 (1) Competitively within a timeframe providing for compliance with the contract performance schedule-, (2) Meeting contract performance requirements- or 0 W N (3) At a reasonable price. T- Information about this requirement, along with the list of EPA.-designated items, is T_ available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive.-procurement.-guideline.-cpg.-program. The E 24 < 32524945v.1 Packet Pg. 259 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. X 0) 21 46.8. Prohibition on Certain Telecommunications and Video Surveillance Services or L�guipment as set forth in 2 C.F.R._§.200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1)Procure or obtain- (2) Extend or renew a contract to procure or obtain- or (3) Enter into a contract I CL (or extend or renew a contract) to procure or obtain equipment, services, or systems that E uses covered telecommunications equipment or services as a substantial or essential U) component of any system, or as critical technology as part of any system. As described in Public Law 115232, section 889, covered telecommunications equipment is U) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). E (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or DahuaTechnology Company (or any subsidiary or affiliate of such entities). (i i) Tel ecommun i cations or video surveillance services provided by such 0 entities or using such equipment. U (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal U) Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. E 46.9. Domestic Preference for Procurements as set forth in 2 f,. . 200.322. The LINTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced U) in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal 0 award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in -6 the United States. "Manufactured products" means items and construction materials W N composed in whole or in part of non.-ferrous metals such as aluminum- plastics and polymer.-based products such as polyvinyl chloride pipe- aggregates such as concrete- glass, including optical fiber- and lumber. E 25 < 32524945v.1 Packet Pg. 260 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F 46.10. Americans with Disabilities Act of 1922,jas�ame�n.ded �AQA Ada 'The CONTRACTOR will comply with all the requirements as imposed by the AD A, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 46.11. Disadvantaged Business Lnterprise Polic and DBE Obligation. It is the policy of the.....Jl ........ CL 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 CL COUNTY funds under this Agreement. The DBE requirements of applicable federal and E state laws and regulations apply to this agreement. 'The COUNTY and its CONTRACTOR U) agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and U) reasonable steps in accordance with 2 CTR. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the E opportunity to compete for and perform contracts. 'The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 CTR. § 200.321 CONTRACTING WITH SMALL AND MINORI'TY BUSINESSES, WOMI--,N'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 CTR. §200.321, the 0 CONTRACTOR shall take the following affirmative steps to assure that minority L) businesses, women's business enterprises, and labor surplus area firms are used U) whenever .ossible. B. Affirmative steps must include: U) (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists-, E (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources- U) (3) Dividing total requirements, when econo!nj a� y fea �k��e, into smaller tasks 0 or quantities to pen-nit maximum participation by small and minority businesses, and women's business enterprises-, 0 (4) Establishing delivery schedules, where the which encourage participation by small and minority businesses, and women's business enterprises; -6 W (5) Using the services and assistance, as�a.ro�riate, of such organizations as N N the Small Business Administration and the Minority Business Development T- agency of the Department of Commerce. T- (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (I) through (5) of this section. E 26 < 32524945v.1 Packet Pg. 261 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F OTHER FEDERAL ANW UIREMENTS (as applicable) X 46.12. Access to Records. CONTRACTOR and its successors, transferees, assignees, and contractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and CL staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS- (2) Give DHS access to and the right to E examine and copy records, accounts, and other documents and sources of information U) related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws U) or program guidance; (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. E 46.13. II S Seal L000 and Flaus. CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The CONTRACTOR shall include this provision in any subcontracts. U_ 46.14. Chances 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 0 Agreement and be reasonable for the completion of performance hereunder. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 46.15. Co liance with Federal Law Reaulation.san.d.F�.xecutive.Orders. This is an I M U) L-0 acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The CONTRACTOR will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. E 46.16. No Obligationby Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non.-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 0U) .2 2.1 46.17. Proaram Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for 0 False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 46.18. If this Agreement is funded by the Florida Department of Emergency Management -6 (FDEM), the CONTRACTOR will be bound by the terms and conditions ®f any applicable W Federal ly.-F un ded Sub.-Award and Grant Agreement between the COUNTY and the N Florida Division of Emergency Management(Division). T- T- 46.19. If applicable, the CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work E under this Agreement, to the extent allowed and required by law. 27 < 32524945v.1 Packet Pg. 262 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F 46.20 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 X CONTRACTOR during the term of the Contract and shall expressly require any 21 subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E.-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term CL E 47. LJNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be U) 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 E have been foreseen by such Party or, if it could have been foreseen, was unavoidable, including: (a) acts of God- (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency - (c)war, invasion,hostilities(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work as required hereunder;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by CONTRACTOR under this Section. 0 CONTRACTOR shall give COUNTY written notice within 7 days of any event or L) circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this U) Agreement. The COUNTY will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost Amendment for such reasonable time as the COUNTY'S Representative may determine. E 48. ENTIRE 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 0 and signed by both parties before it becomes effective. 49. FINAL LJNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier -6W agreements or understandings, whetherwritten or oral This Agreement cannot be modified N N or replaced except by another written agreement, signed by the parties hereto. E 28 < 32524945v.1 Packet Pg. 263 DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above in one (I) counterpart, each of which shall, X without proof or accounting for other counterparts, be deemed an original contract. CL :a (SEAL) BOARD OF COUNTY COMMISSIONERS 0 CL OF MONROE COUNTY, FLORIDA E U) Attest: KEVIN MADOK., CLERK. U) By: By:........................................................................... ........................................................................... As Deputy Clerk Mayor E Date: ------------------------------------------------------------------------- MONAC�E COUNTY ATTORNEV'S OFM E P EDASTOf 081A PA11;0A FABLES AS&STA T C, Y ATTORNEY =2 0 U Witnesses for CONTRACTOR: CONTRACTOR: ROLT,K A FFTIPCI-INOLOGIES, LLC U) -119 bUA, P6&, 1- By: --------------------------------------------- M CL guluf Vxs�t" ----------------------------------------------- Signature of persons authorized to legally Signature bind CONTRACTOR E 101412022 1 9:20 AM PD-Albert vasquez Ben Poch President ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- U) Print Name Print Name and Title 0 .2 600 Las colinaS Blvd. E #900 Address: Signature Irving, TX 75039 0 -------------------------------------------------------------------------------------- CL 101412022 1 9:21 AM FID-kachael Landman 318--218--6888 M -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- �e Date Print Name Telephone Number 6 W CN CN 101412022 1 9:08 AM PDT -------------------------------------------------------------------------------------- Date 29 < 32524945v.1 Packet Pg. 264 DocuSign Envelope ID: 172C8O78-9CE1428A+AF57-8g41B7F2E57F CL ATTACHMENTS (n CL CN CN CL Packet Pg. 265 � � F.6.a c� CL CL U) a 0 E u ATTACHMENT A E U) 0 n CL CN CN 0) E Packet Pg. 266 F.6.a as PUBLIC ENTITY CRIME STATEMENT X "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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on CL leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity,and may not transact C business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) as nor any Affiliate has been placed on the convicted vendor list within the last 36 months. F a LI ( at r Date: a� a� 0 STATE OF: as COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or❑ online � notarization, on ao` by �� 1_ �--\ �C� m (name of affiant). He/She is personally known to me or has produced (type of identification) a as identification. U) as as * Michelle My co9+b% Expires NOTAR LC 2026 Notary 10 12011226 fVly Commission Expires: as Z e e (D E Packet Pg. 267 F.6.a c� X 0 NON-COLLUSION AFFIDAVIT 21 1, 1 of the city of according to law on my oath,and under penalty of perjury, depose and11111114M uuppuW uu say thatcu a. I am oc FWAMCCof the firm of the bidder making the 76 Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; E b. the prices in this bid 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 bidder or with any competitor; C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other c0 person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the tr4th a to nts contained in this affidavit in awarding contracts for said proj U) (Signat E Date: STATE OF: KaS U) L la5 COUNTY OF: � Subscribed and sworn to (or affirmed) before me, by means of p'physical presence or ❑ online notarization, on _l l�� _(date) by t �t L (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. 6 CNI �_ NOTARY P O�Rll Jenni Michelle RazoMy Commission Expires i Ls +s�51202s My Commission Expires: Notary lD 12011226 E U Packet Pg. 268 F.6.a LOBBYING AND CONFLICT OF INTEREST CLAUSE X 21 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE°COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that helit has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any E 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 Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, r consideration paid to the former County officer or employee." c� (S�g r U Bate: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of Iir'physical presence or 0 online notarization, on LaicC� _ - E (date) by- A (name of affiant). He/She is � personally known to me or has produced (type of identification) as identification. 0 " Jenni Michelle Razo My Commission Expires r + 915/2026 NOTARY PUBLIC Notary ID 12011226 I N My Commission Expires: ) osl c� Packet Pg. 269 F.6.a DRUG-FREE WORKPLACE FORM X 0 The undersigned vendor in accordance with Florida.SXatute 287.087 hereby certifies that: 21 (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possesgibh,`or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken .against errtploycees for violations of such U) prohibitign, 76 2. Inform*employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug.counseling, rehabilitation, and employee assistance programs, and jhe,penalties that may be imposed upon employees for drug abuse violations. a 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5) days,after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance 0 or rehabilitation program if such is available in the employee's community, or any U employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that is fir compl' with the above requirements. $g re)o, Date: U) a� STATE OF: e x-6-� COUNTY OF: 0 Subscribed and sworn to or affirmed) before me, by means of 0-physical presence or ❑ online notarization, on C (date) b C' (name of affiant). He/She is personall known to 6 me or has produce 6fDi9R, (type of identification) as N identification. N NOTARY PUBLI Jenni Michelle Razo I * My Co 9 5/20on 26Expires My Commission Expires: T ' Notary ID 12011226 1 Packet Pg. 270 F.6.a c� VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): _ Respondent Vendor Name: t, LLC Vendor FEIN: —^ w_ _... CL c3 Vendor's Authorized Representative Name and Title: mp fire Address: 6700 U) City: State: Zip: Phone Number: t Email Address: c� 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 76 prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for E goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with 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. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified o U 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 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 U) subject company to civil penalties,attomey'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. �s Certified By: 'Q , who is authorized to sign on behalf of the above r e mpany. �? Authorized Signature: _ Print Name: Title: t OWC 0- Note: The List are available at the following Department of Management Services Site: http://www.dins.t-nyflorida.coin/busine' s o •rations/State furc asr d endor information/convicted�s a o e __rscrir i ator co I�lai ts vendor lists- ............. w N N f a� cs Packet Pg. 271 F.6.a APPENDIX A, 44 C.F.R. PART 18-- CERTIFICATION REGARDING LOBBYING, (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements 21 The undersigned certifies, to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 0 U 3. The undersigned shall require that the language of this certification be U) 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 U) representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting 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, TFOW OLOMYrti ie 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 edi for Fats ims and Statements, apply to this certification and disclosure, if ny. Sig r Contractor's A horized Official W VP Qc: Name and Title of Contractor's Authorized Official Dat c� Packet Pg. 272 DISCLOSURE OF LOBBYLNG ACTRITIES I Type of Federal Actionr tit of Federal Action,, 3, Report Type- 0 a COMMIT a ffel dpplX au =a, Mitial 21 b Law b unteal award b mienal change C cooperatme agreement C P051-awnd CL d, loan For XhteripJ Change Only: e. loan guarantee year qmrtp-r f to date of last rEpon CL E 4. Name and Address of Reporting Entity S. If Reporting Entity in No,4 is Sabaw2rdee, Eater Name and Address of Prime: U) EJ pn= FISubawardee Tiff if known U) convos§0231 Dishick if known co"ressionil Diiswct'if known 6. Federal DeprimendAgeacy: 7, Federal PnWa m Namtrlkwrioon: CTDA N=ber,if applicable 8. Federal Action Namber,if known: 9. Award Amount if imown: U- 10, a. Nam and Address of Lobby Entity b. ItidividuahPtziormiag Services (intruding (if indmd".Ini AnWo.first Waxte-MD addreis if&ffmW from No. 10a) 0 Onst nwne,fixst unw,Ml) ) U) (axach cantm,"fin Shw(s)if Recesum M U) 11- Amount of Psymat(check all that apply) 13. T%*0fP*Me8t(check all that apply) actW [Dplaniied a retainer (L H b. retainerone-time fee 12. Form of Paymot(check All that apply): to conimi4ion a. cash d. contingent fee b. in-kit4 Wxfq: nature____ e deferred value f. off,Spec* U) U Brief Description of Services Performed or to be pei*rm@4xndD2*s)of service,inchitting 0 ollic"),omployee(s�or member(s)contacted,for Pxvmsd Indicated in Rem 11: 2.1 0- (attachContmuabon Sheet(s)if nece&mxy) 16, Coutincation Sbeet(s)attaclied: Yes No CL TW*31 U,&C.SKtiam W2. This i5sclomm of kbb3jug -6 sin we was plmd by do ow aliasshamhis ux-Awtim W vans M&&WG1W"iW* This 4bsCk"=vi%r*qzdMd Print W&Me: CN purz=to 31 V S.C.1352, This infiormysms%6B be C14 tWomid to Cuiposs samiu=31]y and wM be available EM ydb1chupecrim, Any pwto=u%o fads tofbdw=qn&%& Title 6vJD=*"be=Ibjoct to a ch-B paithy ofact loss tm SMODD and=muse than 1100.000 far ack such tdhm Tebephame No Auft6ZMd for Local Pipodwhoc Saindad Form-LLL E Federal Use Og Li, 2-6c PART 2cPacket Pg. 273 � F.6.a INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES 0 This disclosure form shall be completed by the reporting entity.whether subawardee or prime Federal recipient.at the initiation or receipt of 21 covered Federal action ora 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 oremployee of Congress or an employee of a Member of Congress in connection withacovered CL 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 CL Budget for additional in formation. E re 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 a information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last. previously submitted report by this reporting entity for this covered Federal action 4. Enter the fail name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the re appropriate classification of the reporting entity that designates if it is orexpects lobe a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardeeof the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. *' 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address.city,state and zip code of the prime Federal recipient. Include Congressional District,ifknown. 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. Forexample.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 hill Catalog of j Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g.. Request for 0 Proposal(RFP)number.Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number. U the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.. "RFP-DE-90-001." U) 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 commitmments for the primeentity identified in item 4 or 5. re 10. (a)Enter the full name.address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced thecovered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last en 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 thecumulativeamount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the en date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal 2 officials. Iden lify the Federal officer(s)ore niployce(s)con iacted or the of ficer(s)employee(s)or Member(s) ofCongressthat were contacted. to 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. CL Public reporting burden for this collection of information isestimated 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 collectionof re information. Send commen is regarding the burden esl i male or any other aspect of this col leciion of in formaiion. including suggestions for reducing this burden.to the Office of Management and Budget.Paperwork Reduction Project 6 c^a (0348-0046).Washington,D.C.20503. SF-LLL-Instruct ions Rev.06.04, C11 90,,ENDIFu 2-6d PART 21COUNTY c� re Packet Pg. 274 CL CL E U) U) a 0 E .a u ATTACHMENT B U) 0 .2 0 CL -6 w CN CN 0) Packet Pg. 275 VV22,2:45 PM SAM.gov "REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 21 Wage Determination No. : 2015-4583 Daniel W. Simms Division of Revision No. : 21 m Director Wage Determinations Date Of Last Revision: 06/27/2022 CL CL Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order U) 14026 or Executive Order 136S8. m JIf the contract is entered into on or lWith certain exceptions Executive Order )after January 30 2022 or the 114026 applies to the contract. contract is renewed or extended (e.g. IThe contractor must pay all covered workers Ian option is exercised) on or after lat least $15.00 per hour (or the applicable 13anuary 30 2022: Iwage rate listed on this wage determination] m I lif it is higher) for all hours spent 1performing on the contract in 2022. 1 m IIf the contract is entered into on or )With certain exceptions Executive Order )after January 30 2022 or the I136S8 applies to the contract. 12022 and the contract is not renewed IThe contractor must pay all covered workers for extended on or after January 30 lat least $11.25 per hour (or the applicable 12022: Iwage rate listed on this wage determination) 0 U lif it is higher) for all hours spent I (performing on the contract in 2022. I U' c� m The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders m is available at https://www.dol.gov/agencies/whd/government-contracts. State: Florida Area: Florida County of Monroe **Fringe Benefits Required Follow the Occupational Listing** 2 OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 16.16 01012 - Accounting Clerk II 18.14 CL 01013 - Accounting Clerk III 20.29 01020 - Administrative Assistant 22.7S 01035 - Court Reporter 19.64 6 01041 - Customer Service Representative I 14.83*** W 01042 - Customer Service Representative II 16.19 N 01043 - Customer Service Representative III 18.17 ' 01051 - Data Entry Operator I 14.30*** 01052 - Data Entry Operator II 1S.60 01060 - Dispatcher Motor Vehicle 17.80 01070 - Document Preparation Clerk 15.65 01090 - Duplicating Machine Operator 15.65 01111 - General Clerk I 14.24*** m 01112 - General Clerk II 15.S4 01113 - General Clerk III 17.44 https://sam.govtwage-determination/2015-4583/21 I Packet Pg. 276 8+°112,2-45 PM SAPAgov 01120 - Housing Referral Assistant 21.90 01141 - Messenger Courier 14.04*** 01191 - Order Clerk 1 16.02 01192 - Order Clerk II 17.48 01261 - Personnel Assistant (Employment) I 17.56 01262 - Personnel Assistant (Employment) II 19.64 01263 - Personnel Assistant (Employment) III 21.90 01270 - Production Control Clerk 23.97 01290 - Rental Clerk 17.54 01300 - Scheduler Maintenance 17.56 01311 - Secretary I 17.56 CL 01312 - Secretary II 19.64 01313 - Secretary III 21.90 CL 01320 - Service Order Dispatcher 15.91 01410 - Supply Technician 23.21 U) 01420 - Survey Worker 19.23 01460 - Switchboard Operator/Receptionist 14.88*** 01531 - Travel Clerk I 13.34*** U) 01532 - Travel Clerk II 14.15*** 01533 - Travel Clerk III 14.84*** 01611 - Word Processor I 15.00 01612 - Word Processor II 16.84 01613 - Word Processor III 18.83 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 18.49 05010 - Automotive Electrician 18.32 05040 - Automotive Glass Installer 27.14 05070 - Automotive Worker 17.14 05110 - Mobile Equipment Servicer 14.58*** c� 05130 - Motor Equipment Metal Mechanic 19.57 05160 - Motor Equipment Metal Worker 17.14 t0 05190 - Motor Vehicle Mechanic 19.57 05220 - Motor Vehicle Mechanic Helper 13.27*** 05250 - Motor Vehicle Upholstery Worker 15.89 c� 05280 - Motor Vehicle Wrecker 17.14 05310 - Painter Automotive 18.32 05340 - Radiator Repair Specialist 17.14 U) 05370 - Tire Repairer 14.58*** 05400 - Transmission Repair Specialist 19.57 CL 07000 - Food Preparation And Service Occupations 07010 - Baker 14.27*** 07041 - Cook I 12.87*** 07042 - Cook II 15.14 07070 - Dishwasher 11.89*** 07130 - Food Service Worker 13.52*** 07210 - Meat Cutter 20.06 2 07260 - Waiter/Waitress 11.40*** 09000 - Furniture Maintenance And Repair Occupations LO 09010 - Electrostatic Spray Painter 21.53 09040 - Furniture Handler 12.53*** 09080 - Furniture Refinisher 21.53CL 09090 - Furniture Refinisher Helper 15.60 09110 - Furniture Repairer Minor 18.67 09130 - Upholsterer 21.53 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 14.05*** � 11060 - Elevator Operator 13.33*** 11090 - Gardener 21.26 11122 - Housekeeping Aide 13.33*** 11150 - Janitor 13.33*** 11210 - Laborer Grounds Maintenance 15.54 E 11240 - Maid or Houseman 13.33*** 11260 - Pruner 13.59*** 11270 - Tractor Operator 19.37 11330 - Trail Maintenance Worker 15.54 https:llsam.govtwage-deterFnination/2015-4583f21 Packet Pg. 277 811f22,2:45 PN1 SAM gov 11360 - Window Cleaner 15.25 12000 -- Health Occupations 12010 - Ambulance Driver 19.38 12011 - Breath Alcohol Technician 20.18 12012 - Certified Occupational Therapist Assistant 33.19 12015 - Certified Physical Therapist Assistant 34.23 12020 - Dental Assistant 21.42 12025 - Dental Hygienist 39.12 21 12030 - EKG Technician 30.59 12035 - Electroneurodiagnostic Technologist 30.59 CL 12040 - Emergency Medical Technician 19.38 12071 - Licensed Practical Nurse I 18.04 0 12072 - Licensed Practical Nurse II 20.18 12073 - Licensed Practical Nurse III 22.50 m 12100 - Medical Assistant 17.19 m 12130 - Medical Laboratory Technician 26.20 12160 - Medical Record Clerk 16.28 .2 12190 - Medical Record Technician 19.56 m 12195 - Medical Transcriptionist 18.04 12210 - Nuclear Medicine Technologist 44.36 12221 - Nursing Assistant I 12.73*** 12222 - Nursing Assistant II 14.30*** 12223 - Nursing Assistant III 15.61 12224 - Nursing Assistant IV 17.52 12235 - Optical Dispenser 20.18 12236 - Optical Technician 18.04 12250 - Pharmacy Technician 17.48 12280 - Phlebotomist 17.48 12305 - Radiologic Technologist 30.59 12311 - Registered Nurse I 26.32 12312 - Registered Nurse II 29.92 U 12313 - Registered Nurse II Specialist 29.92 12314 - Registered Nurse III 36.61 12315 - Registered Nurse III Anesthetist 36.61 12316 - Registered Nurse IV 43.39 12317 - Scheduler (Drug and Alcohol Testing) 25.01 m 12320 - Substance Abuse Treatment Counselor 23.73 13000 - Information And Arts Occupations m 13011 - Exhibits Specialist I 21.04 , 13012 - Exhibits Specialist II 26.07 13013 - Exhibits Specialist III 31.89 13041 - Illustrator I 21.04 13042 - Illustrator II 26.07 13043 - Illustrator III 31.89 m 13047 - Librarian 31.86 c� 13050 Library Aide/Clerk 16.76 13054 - Library Information Technology Systems 26.99 Administrator 13058 Library Technician 18.87 13061 - Media Specialist I 18.81 m 13062 - Media Specialist II 21.04 CL 13063 - Media Specialist III 23.46 13071 - Photographer I 18.56 �- 13072 - Photographer II 20.76 0 13073 - Photographer III 25.72 N 13074 - Photographer IV 31.46 , 13075 - Photographer V 38.06 13090 - Technical Order Library Clerk 21.04 13110 - Video Teleconference Technician 22.48 14000 - Information Technology Occupations 14041 - Computer Operator I 18.05 14042 - Computer Operator II 20.20 14043 - Computer Operator III 22.52 14044 - Computer Operator IV 25.03 14045 - Computer Operator V 27.71 https•ifsam,govfwage-detennination/2015-4583f21 Packet Pg. 278 SP, 22,2.45 FPS SAPi.Sav F.6.a 14071 ,,, Computer Programmer I (See 1) 22..94 14072 momputer Programmer II (see 1) 14073 Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 18.05 21 14160 - Personal Computer Support Technician 25.03 14170 - System Support Specialist 27.71 15000 - Instructional Occupations CL 15010 - Aircrew Training Devices Instructor (Non-Rated) 31.69 15020 - Aircrew Training Devices Instructor (Rated) 38.33 CL 15030 - Air Crew Training Devices Instructor (Pilot) 45.96 15050 - Computer Based Training Specialist / Instructor 31.69 U) 15060 - Educational Technologist 26.06 15070 - Flight Instructor (Pilot) 45.96 15080 - Graphic Artist 25.96 15085 - Maintenance Test Pilot Fixed let/Prop 45.96 15086 - Maintenance Test Pilot Rotary Wing 45.96 15088 - Non-Maintenance Test/Co-Pilot 45.96 15090 - Technical Instructor 21.38 m 15095 - Technical Instructor/Course Developer 26.16 m 15110 - Test Proctor 17.26 15120 - Tutor 17.26 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 11.83*** 16030 - Counter Attendant 11.83*** 16040 - Dry Cleaner 14.44*** 16070 - Finisher Flatwork Machine 11.83*** 16090 - Presser Hand 11.83*** o 16110 - Presser Machine Drycleaning 11.83*** t3 16130 - Presser Machine Shirts 11.83*** 16160 - Presser Machine Wearing Apparel Laundry 11.83*** 16190 - Sewing Machine Operator 15.14 16220 - Tailor 15.84 16250 - Washer Machine 12.78*** m 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 21.53 19040 - Tool And Die Maker 27.14 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 21.68 21030 - Material Coordinator 23.01 �y 21040 - Material Expediter 23.01 21050 - Material Handling Laborer 15.27 21071 - Order Filler 15.57 �? 21080 - Production Line Worker (Food Processing) 21.68 21110 - Shipping Packer 17.80 21130 - Shipping/Receiving Clerk 17.80 21140 - Store Worker I 11.17*** 21150 - Stock Clerk 16.68 CLm 21210 - Tools And Parts Attendant 21.68 21410 - Warehouse Specialist 21.68 23000 - Mechanics And Maintenance And Repair Occupations 6 23010 - Aerospace Structural Welder 32.46 W 23019 - Aircraft Logs and Records Technician 24.83 C1,4 23021 - Aircraft Mechanic I 30.58 ' 23022 - Aircraft Mechanic II 32.46 23023 - Aircraft Mechanic III 34.24 23040 - Aircraft Mechanic Helper 20.75 23050 - Aircraft Painter 28.63 E 23060 - Aircraft Servicer 24.83 c� 23070 - Aircraft Survival Flight Equipment Technician 28.63 m 23080 - Aircraft Worker 26.79 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.79 https://sam.govtwage-determinaflon/2015-4583/21 Packet Pg. 279 E11f22,2:a45 PM SAM.gov I 23092 Aircrew Life Support Equipment (ALSE) Mechanic 39 SS II 23110 - Appliance Mechanic 21.53 23120 - Bicycle Repairer 17.13 U 23125 - table Splicer 30.18 23130 - Carpenter Maintenance 22.51 23140 - Carpet Layer 20.14 21 23160 - Electrician Maintenance 23.86 23181 - Electronics Technician Maintenance I 21.43 m CL 23182 - Electronics Technician Maintenance II 23.32 23183 - Electronics Technician Maintenance III 25.75 CL 23260 - Fabric Worker 18.67 23290 - Fire Alarm System Mechanic 23.14 23310 - Fire Extinguisher Repairer 17.13 U) 23311 - Fuel Distribution System Mechanic 23.73 cm 23312 - Fuel Distribution System Operator 17.69 2 23370 - General Maintenance Worker 17.92 23380 - Ground Support Equipment Mechanic 30.58 23381 - Ground Support Equipment Servicer 24.83 23382 - Ground Support Equipment Worker 26.79 23391 - Gunsmith I 17.13 23392 - Gunsmith II 20.14 23393 - Gunsmith III 23.00 23410 - Heating Ventilation And Air-Conditioning 22.13 Mechanic 23411 - Heating Ventilation And Air Contidioning 23.49 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 22.42 23440 - Heavy Equipment Operator 18.20 0 23460 - Instrument Mechanic 23.00 U 23465 - Laboratory/Shelter Mechanic 21.53 23470 - Laborer 15.27 23510 - Locksmith 21.53 23530 - Machinery Maintenance Mechanic 26.45 23550 - Machinist Maintenance 23.00 23580 - Maintenance Trades Helper 15.35 23591 - Metrology Technician I 23.00 m 23592 - Metrology Technician II 24.41 , 23593 - Metrology Technician III 25.75 23640 - Millwright 23.00 23710 - Office Appliance Repairer 21.53 23760 - Painter Maintenance 18.06 23790 - Pipefitter Maintenance 22.22 U) 23810 - Plumber Maintenance 21.15 0 23820 - Pneudraulic Systems Mechanic 23.00 23850 - Rigger 23.00 23870 - Scale Mechanic 20.14 23890 - Sheet-Metal Worker Maintenance 21.57 23910 - Small Engine Mechanic 19.06 23931 - Telecommunications Mechanic I 32.12 23932 - Telecommunications Mechanic II 34.09 m 23950 - Telephone Lineman 22.23 23960 - Welder Combination Maintenance 22.26 23965 - Well Driller 23.00 N 23970 - Woodcraft Worker 23.00 , 23980 - Woodworker 17.13 24000 - Personal Needs Occupations 24550 - Case Manager 18.28 24570 - Child Care Attendant 11.22*** 24580 - Child Care Center Clerk 15.33 24610 - Chore Aide 11.75*** 24620 - Family Readiness And Support Services 18.28 Coordinator 24630 - Homemaker 18.28 httos:l/sam.00vtwane-determination/2015-4583121 I Packet Pg. 280 8/1122,2:45 PM SAM.gov F.6.a 25009 - Punt And System Operations Occupations 25010 - Boiler Tender 23.94 25040 - Sewage Plant Operator 23.53 25070 - Stationary Engineer 23.94 25190 - Ventilation Equipment Tender 16.99 25210 - Water Treatment Plant Operator 23.53 27000 - Protective Service Occupations 27004 - Alarm Monitor 20.47 21 27007 - Baggage Inspector 15.26 27008 - Corrections Officer 25.15 27010 - Court Security Officer 28.50 27030 - Detection Dog Handler 18.11 27040 - Detention Officer 25.15 CL 27070 - Firefighter 26.09 27101 - Guard I 15.26 U) 27102 - Guard II 18.11 m 27131 - Police Officer I 30.90 27132 - Police Officer II 34.34 U) 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 15.48 28042 - Carnival Equipment Repairer 17.00 28043 - Carnival Worker 10.90*** 28210 - Gate Attendant/Gate Tender 16.29 m 28310 Lifeguard 14.84*** 28350 - Park Attendant (Aide) 18.23 28510 - Recreation Aide/Health Facility Attendant 13.30*** 28515 - Recreation Specialist 22.58 28630 - Sports Official 14.51*** 28690 - Swimming Pool Operator 21.75 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 25.04 U t3 29020 - Hatch Tender 25.04 29030 Line Handler 25.04 29041 - Stevedore I 22.95 29042 - Stevedore II 27.14 30000 - Technical Occupations 30010 - Air Traffic Control Specialist Center (HFO) (see 2) 43.96 U) 30011 - Air Traffic Control Specialist Station (HFO) (see 2) 30.31 30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 33.38 30021 - Archeological Technician I 19.44 30022 - Archeological Technician II 21.75 30023 - Archeological Technician III 26.93 30030 - Cartographic Technician 26.93 30040 - Civil Engineering Technician 25.84 30051 - Cryogenic Technician I 29.84 30052 - Cryogenic Technician II 32.95 30061 - Drafter/CAD Operator I 2.1 19.44 30062 - Drafter/CAD Operator II 21.75 30063 - Drafter/CAD Operator III 24.25 0 30064 - Drafter/CAD Operator IV 29.84 30081 - Engineering Technician I 17.93 CL 30082 - Engineering Technician II 21.92 30083 - Engineering Technician III 24.53 30084 - Engineering Technician IV 27.90 6 30085 - Engineering Technician V 34.13 W 30086 - Engineering Technician VI 41.29 N 30090 - Environmental Technician 26.42 ' 30095 - Evidence Control Specialist 26.93 30210 - Laboratory Technician 24.25 30221 - Latent Fingerprint Technician I 29.84 30222 - Latent Fingerprint Technician II 32.95 30240 - Mathematical Technician 26.93 c� 30361 - Paralegal/Legal Assistant I 20.18 m 30362 - Paralegal/Legal Assistant II 25.00 30363 - Paralegal/Legal Assistant III 30.57 httas://sam.00vfwaae-determination/20154583/21 Packet Pg. 281 8,1c2,2�45 F;m S*mgom 30364 As,3ista7t IV 36^99 �---------� 30375 - Petroleum Supply Specialist 32.95 30390 Photo-Qptics Technic'-an 25.86 30395 Radiatici C'ontrol Technician 32.95 30461 ' Technical writer I 26'93 30462 - Technical Writer II 32,95 � 30463 ' Technical Writer 111 39,87 w 30491 - Unexploded Ordnance (UXO) Technician I 27,94 21 30492 - Unexploded Ordnance (UXO) Technician 11 ]].80 30493 - Unexploded Ordnance (UXO) Technician 111 40.51CL � 30494 - Unexploded (QXO) Safety Escort 27'94 30495 - Unexploded (UXO) Sweep Personnel 27.94 CL 30501 - Weather Forecaster I 29.84 30502 - Weather Forecaster II 36.30 30620 - Weather Observer Combined Upper Air Or (see 2) 24.25 m Surface Programs � 30621 - Weather Observer Senior (see 2) 26,93 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 33.80 31020 - Bus Aide 12.80*** 31030 - Bus Driver 19.08 31043 - Driver Courier 15'95 1� 31260 - Parking and Lot Attendant 11.19*** 31290 - Shuttle Bus Driver 17,51 — 31310 - Taxi Driver 14.67*** 31361 - Truchdriwer Light 17.51 J� u_ 31362 - Truchdriwer Medium 19,08 31363 - Truchdriwer Heavy 19.96 31364 - TruchdriwerTractor-Trailer 19'96 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 16'48 U� 99030 - Cashier 11.74*** 99050 - Desk Clerk 13.58*** 99095 - Embalmer 27.94 99130 - Flight Follower 27.94 � 99251 - Laboratory Animal Caretaker % 16,05 99252 - Laboratory Animal Caretaker 11 17,61 99260 - Marketing Analyst 27.84 99310 - Mortician 27'94 99410 - Pest Controller 19,24 99510 - Photofinishing Worker 14,68*** 99710 - Recycling Laborer 20'78 99711 - Recycling Specialist 25,89 n� � 99730 - Refuse Collector 18'16 99810 - Sales Clerk 13'62*** 99820 - School Crossing Guard 15'29 99830 - Survey Party Chief 21.02 � 99831 - Surveying Aide 11.45*** 99832 - Surveying Technician 18.76 99840 - Vending Machine Attendant 18'48 � 99841 - Vending Machine Repairer 23'86 99842 - Vending Machine Repairer Helper 10.40 � ***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15'00 per hour) or 13658 ($11.25 per hour)' Please see the Note at the top of the wage determination for more information' Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands. ' huno://svm".cpv^waoe+detem"inamun/2015-4583121 Packet Pg. 282 �.1/22 245Pw SA}iCry �ute: Executive Ord�2r (EO) 13-3-106 �_s-tabIis�ing -id Sick Leave 41nr Federal �---------J Contractors applies 'zn olI contracts subject to the Service Contract Act for mhich che contract is auardud (and any solicitation xas -'ssued) on or after January I 2017. If this contract is covered by the EO the contractor must provide employees with z hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care: to 0 assist a family member (or person who is like family to the employee) who is ill 21 injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family � to the employee) who is the victim of domestic violence sexual assault or CL stalking. Additional information on contractor requirements and worker protections under the EO is available at uww,dol.gov/whd/govcontracts. CL ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: m HEALTH & WELFARE: $4.80 per hour up to 40 hours per week or $192,00 per week or $832,00 per month HEALTH & WELFARE EO 13706: $4.41 per hour up to 40 hours per week or $176'40 per week or $764.40 per month* *This rate is to be used only when compensating employees for performance on an SCA' ~ covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal � Contractors. A contractor may not receive credit toward its S[A obligations for any paid sick leave provided pursuant to EO 13706. � � VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; ] weeks after S years 4weehs after 15 years and S weeks after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in " the performance of similar work at the same Federal facility. (Reg. 29 [FR 4.17]) �~ HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Juneteenth � National Independence Day Independence Day Labor Day Columbus Day Veterans' mm Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated � to the employees involved') (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1} COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive administrative or professional capacity as defined in 29 C.F.R. part 541. (See 41 C.F.R. 6701(]}). Because most Computer � Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or mw at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.[. 213(a)(1) and 39 U.S.C. 313(a)(17) this wage determination may not include wage rates for all occupations within those job families. In such instances a conformance will be necessary if there are nonexempt employees in these job families working on the contract. Job titles vary widely and change quickly in the computer industry and are not = determinative of whether an employee is an exempt computer professional. To be rw � exempt computer employees who satisfy the compensation requirements must also have a primary duty that consists of: � (1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications; (2) The design development documentation analysis creation testing or < modification of computer systems or programs including prototypes based on and mtDo:floom,nu°Nvan*detmmommWon/20154583M Packet Pg. 283 311122,2,45 P Nt SAIVI,gom related to or s/steo design specifications; ~---------~ (3) The ��si1go documentation testing creation or modification of conputer programs related to machine operatirg systems; or (4) A combination of the aforementioned duties the performance of which X requires the same level of skills. (29 C.F.R. S41.400). w 21 Any computer employee who meets the applicable compensation requirements and the ' above duties test qualifies as an exempt computer professional under both section CL � 13(a)/1\ and section 13(a)(I7) of the Fair Labor Standards Act' (Field Assistance Bulletin No, 2006-3 (Dec' 14 2006)). Accordingly this wage determination will not CL apply to any exempt computer employee regardless of which of these two exemptions is utilized. m 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNUAY PAY: If you 0 work at night as part of a regular tour of duty you will earn a night differential = and receive an additional 10% of basic pay for any hours worked between Gpm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i'e' occasional work on Sunday outside the normal tour of duty is considered 1� overtime work)' ** HAZARDOUS PAY DIFFERENTIAL u_ An @ percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening blending dying mixing and pressing of sensitive ordnance explosives U� and pyrotechnic compositions such as lead azide black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization modification renovation demolition and maintenance operations on sensitive ordnance explosives and incendiary materials. All operations involving re-grading = and cleaning of artillery ranges. A percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or(or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All n� � operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay. � ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract — (either by the terms of the Government contract by the employer by the state or local law etc') the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an W employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the x� following standards as compliance: � The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms' In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining +~ agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning hmpm:8oam.00w^wanm-dewa"ninamon/20154583121 Packet Pg. 284 2/122.2-45P1i [�Nigmv a:d mairtenaoce a rate of �5.55 per meek (or $.67 cects per di}}. -zwever in L----__---J those instances uhere the Uniforms form1shed are made of ""wish zmd wear"" erI a y be routi n e 1 y wached an dci-_d y±tb other perao-aI -srmerts ocd 6m nmt require any special treatment such as dry cIeaning, daily uasbing or commerclal laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs, � 21 ~* SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the CL ""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1) dated September 2015 unless otherwise indicated, CL ** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard an Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage � determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted � classifications and the classifications listed in the wage determination (See 29 [FR 4,6(6)(2)(i)), Such conforming procedures shall be initiated by the contractor � prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4,6(6)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure 0 to pay such unlisted employees the compensation agreed upon by the interested �~ parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract, (See 29 CFR 4.6(6)(2)(v)), When multiple wage determinations are � included in a contract a separate SF-1444 should be prepared for each wage mm determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award the contractor prepares a written report listing in order < the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the � authorized representative of the employees involved or where there is no authorized u� representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. CL 3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent -6 information including the position of the contractor and the employees to the U.S. W Department of Labor Wage and Hour Division for review (See 29 CFR 4.6�6�(2�(ii��, �� , � 4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. < �sch ��ectmd w���'��ee �hall �s �crn�s�e� b? -^z con�rsc�z` �i�h o xrit�e� c�-Y �---------~ of s �h �t sbaIl h� pzs�md zs a Par� ofdm�ermi �� �G�m -nformatCimn rariuired by the Re-glulations oust be submitted on SF-1444 o, bond pmper. When preparing a conformance request the ""Service Contract Act Directory of 0 Occupations"" should be used to compare job definitions to ensure that duties 21 requested are not performed by a classification already listed in the wage ' determination. Remember it is not the job title but the required tasks that CL � determine whether a class is included in an established wage determination. Conformances may not be used to artificially split combine or subdivide CL classifications listed in the wage determination (See 39 CFR4.152(c)(1)\'^ T- � T- humm:/Ioamuov^mana-dmtemminaoon/2015~458301 Packet Pg. 286 CL CL E U) U) a 0 E .a u U) CL E U) 0 .2 en 0 CL -6 w CN CN 0) Packet Pg. 287 F.6.b AC"R" CERTIFICATE OF LIABILITY INSURANCE FE I( DAT10/1O/ZO22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nikki McKelvey NAME: Threlkeld&Company Insurance p/CONNo Ext: (903)581-0077 a/c,No): (903)306-0652 515 WSW Loop 323 E-MAIL nmckelvey@threlkeld.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tyler TX 75701 INSURERA: Allied World Surplus Lines Ins.Co. 24319 INSURED INSURER B: Mercury County Mutual Insurance Company 29394 6 RollKall Technologies,LLC. INSURER C: Texas Mututal Insurance Company U) 600 Las Colinas Blvd INSURER D: Trisura Specialty Insurance Company C5 Ste 900 INSURER E: Berkley Insurance Company Irving TX 75039 INSURER F: Argonaut Ins.Co. COVERAGES CERTIFICATE NUMBER: 22/23Auto w/WC REVISION NUMBER: 0 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL bUt3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 O DAMAGE TO CLAIMS-MADE OCCUR PREMISES SES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 A 5200-4107-00 09/01/2022 09/01/2023 11000,000 PERSONAL&ADV INJURY $ MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000POLICY PRO ❑ CL LOC PRODUCTS-COMP/OPAGG $ 3,000,000: Errors&Omissions $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED rx SCHEDULED BA420000020741 09/23/2022 09/23/2023 BODILY INJURY(Per accide nt) $ CNAUTOS ONLY AUTOS CD X HIRED NON-OWNED PROPERTYDAMAGE $ CN AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 CL A EXCESS LAB HCLAIMS-MADE 5201-1783-00 09/01/2022 09/01/2023 AGGREGATE $ 10,000,000 DED RETENTION $ $ �/ _ WORKERS COMPENSATION /� STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N , , n� C ANY PROPRIETOR/PARTNER/EXECUTIVE N/A 0002079181 06/13/2022 06/13/2023 E.L.EACH ACCIDENT $ 1000000 �. OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Cyber Liability D ATB-6612495-02 09/01/2022 09/01/2023 Aggregate $1,000,000 Deductible $10,000 U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The general liability,automobile and umbrella policies include a blanket automatic additional insured endorsement provision that provides additional insured N status to the certificate holder only when there is a written contract between the insured and the certificate holder that requires such status. CN CN The general liability,automobile,workers compensation and umbrella policies include a blanket automatic waiver of subrogation endorsement that provides , this feature only when there is a written contract between the named insured and the certificate holder that requires it. E C5 CERTIFICATE HOLDER CANCELLATION APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCCE ACCORDANCE WITH THE POLICY PROVISIONS. DATE 10/11/2022 1100 Simonton Street WAIVER N/A YES AUTHORIZED REPRESENTATIVE Key West FL 33040 .—.ae ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 288 F.6.b Additional Named Insureds Other Named Insureds Athos Group, LLC Limited Liability Company, Additional Named Insured E L59 U) 0 .2 O CL CL CL M -119 881 M t'J t'J CL x L59 n� U tY t'J t'J E U OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC Packet Pg. 289 F.6.b AGENCY CUSTOMER ID: LOC#: '`"' " l?" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Threlkeld&Company Insurance RollKall Technologies,LLC. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes Crime Coverage Carrier(E):Berkley Insurance Company O_ Policy#:BCCR-45004935-20 Effective Date:9/1/2022 to 9/1/2023 Employee Theft:$1,000,000 LO Forgery or Alteration:$1,000,000 Computer&Funds Transfer Fraud:$1,000,000 Money Orders and Counterfeit Money:$50,000 Corporation Deception Fraud:$50,000 CL Deductible:$10,000 Other States Workers'Compensation Carrier(F):Argonaut Ins.Co. 6 Policy#WC 928878776574 Effective Date:06/13/2022 to 06/13/2023 E.L.Each Accident:$1,000,000 E.L.Disease-EA Employ:$1,000,000 E.L.Disease-Policy Limit:$1,000,000 O L- CL CL M -119 i?3 CN CN CL x �9 O C) tY CN CN E C5 ACORD 101 (2008/01) © 2008ACORD CORPORATIO The ACORD name and logo are registered marks of ACORD Packet Pg. 290 F.6.c From: Mike Rice To: Eables-Patricia Cc: Allen-John; Henry Thomas; DiNova Joseph Subject: RE: CAUTION: External Email-Subj: RE: RollKall Agreement Date: Friday,October 14,2022 4:28:58 PM E CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. 0 2 Patricia, MCSO contracted with RollKall to provide software to manage our off duty details and handle the accounts receivable/payables. Based on our contract with ROIIKaII, they will be invoicing for the details and paying the deputies who work them. The hourly rate is set by the Sheriff, RollKall has no input into that. Please let me know if you require further information on this matter. W Mike U' From: Eables-Patricia [mailto:Eables-Patricia@MonroeCounty-FL.Gov] E' U) Sent: Friday, October 14, 2022 12:38 PM To: Mike Rice <MRice@keysso.net> Cc: Allen-John <Allen-John@MonroeCounty-FL.Gov>; Henry-Thomas<Henry- Thomas@MonroeCounty-FL.Gov>; DiNovo-Joseph <DiNovo-Joseph@MonroeCounty-FL.Gov> CL Subject: CAUTION: External Email -Subj: RE: RollKall Agreement Mike, 0 a We briefly spoke recently about the RollKall Agreement that is being processed for payment of the o deputy detail work. As you know,Joe DiNovo had been handling this matter, but Joe has been on vacation. I stepped in then and tried to get it finished and onto the October BOCC agenda. Anyway, we ran into an issue when the item got to OMB for their approval as they are requesting some additional information. I tried to call you just now, but your voicemail was full. Can you please give �- me a call so I can discuss what I need and you can then direct me to the best person within the Sheriff's Office if you are not the proper party as to the documentation we need. You can reach me o either on my cell (786-847-3526) or my direct line at 3477. Thanks and I look forward to speaking 0 with you. E Patricia Eables c� Assistant County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 (305)292-3470(Phone) (305)292-3516(Fax) Email:ea,bl,es,-,patriciaCc�monroecounty fl,,,gov IIIIIIIIIIIIIIII Packet Pg. 291