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01/05/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT WS COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000,00 and Under REF' Services Inc. Contract 9 Effective Date: Expiration Date: Contract Purpose/Description: Repair or replace Playground Equipment on the Hies Beach Side 4uith origirral,equipment from manufacture that was damaged during,Hurricane lan Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Jahn Allen Parks & Beaches CONTRACT COSTS Total Dollar Value of Contract: $ 20a 8� 54 Current Year Portion: $ 20 '$Ufa 54 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the +fltS i cAi9f40il lNl tlY➢44aki9 Y ".il{1O'000,00 o I" ), Budgeted? Yes❑ No ❑ Grant: $19,760.52(90%FEMA 5%FDEM) County Match: $ 1040,03 Fund/Cost Center/Spend Category: 125-04 0116 SC 00OB2 GN-r22-0282 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Replacement of Playground Equipment Higgs Beach Side (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Digitally signed by John �,walewer Date In John Al l e Data:2023.12.28 Department Head Signature: 10:45:22-05'00' Nathalia M. Archer Digitally signed by Nathalia M.Archer County Attorney Signature. Date:2023.12.281140:25-05'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date 2023 12 28 13 49 31-05'00' Lynn Gonzalez Digitally signed hy`ynn Gonzalez Purchasing Signature: Date 2023 1228 1413 01-05'00' John Quinn Digitally signed by JehnOulnn OMB Signature: Date 2024 01 0314 53 40-05.00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 I IIIII� °W MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR HIGGS BEACH PARK BEACH SIDE PLAYGROUND HURRICANE IAN REPAIR BOARD OF COUNTY COMMISSIONERS 1 Mayor Holly Merrill Beacham, District 5 Mayor Pro ...i ern James K. Scholl, District Craig Cates, District 1 Michelle Lincoln, District 2 David Dice, District COUNTY ADMHSTRA FOR Roman Gastesi Clerk of the Circa t Court Director of Parks and Beaches Kevin Madok John Allen November 2023 PREPARED BY: Monroe County Parks and Beaches Department Paget of 53 Monroe County Parks and Beaches Date. 11/14/2023 Scope of Work Repair or replace Playground Equipment on the Higgs Beach Side with original equipment from manufacturer, See quote on Exhibit "B" Job ® Higgs Beach Park Beach Side Playground Hurricane Ian Repairs Job Location: Higgs Beach Park 1000 Atlantic Boulevard Key West, Florida 33040 tact® Parks & Beaches John Allen o'unty-,,�fl,,gpy. PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview a. This is a Hurricane Ian repair project which may be eligible for reimbursement by the Federal Emergency Management Agency (FEMA). Therefore, the scope of this project is limited to repair and replacement of hurricane-damaged Playground equipment, to pre-damage configuration and like-for-like materials, 2. Project Intent and Scope Scope of Work: The Contractor shall provide all labor and materials to repair existing Playground Equipment and install replacement Playground Equipment at Higgs Beach Park Beach Side (see Exhibit "B"). ® General Requirements A) The Contractor shall coordinate all activities with the Monroe County Director of Parks and Beaches, Contact John Allen 786-847-3358 Page 2 of 53 } The Contractor is required to provide protection for all existing surfaces including, but not limited to: Existing fencing that remains. Playground Surfaces, shelters and pavilions and any other Infrastructure. Vehicles and Personal Property. Landscaping. } The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. } The Contractor shall load, haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the Parks and Beaches Director for submission to FE A, If not included on the disposal ticket, the Contractor must also provide the name of the Deposit site, the ID Number of deposit site, an Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s) of the fill material utilized. The Contractor must also note if the fill was obtained from, a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug u . If the area is a circle,them the diameter and depth of the hole shall be provided, The County must also be notified if the hole is outside of the existing footprint, ether there was any vegetation removal and, if so, how it was placed back, } The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers, } The Contractor shall furnish all required work site safety equipment, } The Contractor shall furnish and maintain on-site material safety data sheets ( CD ) for all materials used in the construction, } Construction work times shall be limited to; :00 A.M.to 5:00 P.M. onda -Friday, 1 All materials must be approved by submittal prior to commencement of work. ) The Contractor needs to be aware of weather and location and plan accordingly, The Contractor needs to be aware of the facility, its residents® and staff with unusual schedules and plan accordingly, L) The Contractor shall provide a safety lift plan for any crane/hoist work. Page 3 of 53 If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment, The Contractor shall provide a schedule for all phases of the project, } The Contractor shall coordinate all activities with concurrent site work being performed, if any. Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident 00, 00 Bodily Injury Disease, policy limits 100, 00 Bodily Injury Disease, each employee General Liability 200, 0 per Parson 300, 00 per Occurrence 200,000 Property Damage or 300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or 300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County BoardCounty Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies, } The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor's License, Monroe County Business Tax Receipt, and City of Key West Tax receipt, if applicable, along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W9 Form, } INDEMNIFICATION, HOL LESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elects Page 4 of 53 and appointed officers and employees harmless from and against (I) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage,fine, penalty or business interruption, and (III) any costs or expenses that may be asserted against, Initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, ( ) any activity of the Contractor or any of Its employees, agents, contractors or other invitees during the term of this Agreement, ( ) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's 'fault in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than 1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph m herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the terry' of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from, any and all increased expenses resulting from such delay. Should any claims be asserted against the County y virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall held the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney°s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. ]Page 5 of 53 This indemnification shall survive the termination of this Contracts Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. } NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating o such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor, No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts fort is project. RETENTIONT) EMPLOYMENT OR TY OFFICERS EMPLOYEES. signing this proposal, the undersigned warrants thathe/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code o Ordinances or any County officer or employee in violation of Section -1 0, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability pursuant to Subsection 2®152(a), Monroe County Code of Ordinances and may also, in its discretion, deduct from the Agreement 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 pursuant to Subsection 2®1 2(b), Monroe County Code of Ordinances. } CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. } y signing this proposal, the undersigned certifies that the contractor complies fully with, and in accordance with the requirements of Section 287,087, Florida Statutes, as follows; im They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled Page 6 of 53 substance is prohibited in the workplace and specifythe actions that will be taken against employees for violations of such prohibition. iia Inform employees about the dangers of drug use in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. iiim Give each employee engaged in providing the commodities or contractual services that are under bid a copy oft e statement specified in subsection (i). iv. In the statement specified in subsection (i), notify the employees that, as a condition of workingon 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 o , or plea of guilty or nolo conten ere to, any violation of Chapter E (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, v. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation rora if such is available in the employee's community, for any employee who is so convicted. vi, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL 1) NondiscrimingligntggMlLgMnl2ynl2nlgnp2llgnily. The Contractor and County agree that there will be no discrimination against any arson, 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 agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 194 (PL 3®3 ) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 U C ss, 1 61-1 33, and 1 6 ®1 36), which prohibits discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1973, as amended (20 IJCC s, 794), which prohibits discrimination on the basis of disability; )The Age Discrimination Act of 1975, as amended (42 U C ss, 61 1- 6107)which prohibits discrimination on the basis of age; 5) The ®rug Abase Office and Treatment Act of 1972 (PL -2 5), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-61 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ssm 523 and 527 (42 U C ss, d -3 and 290ee®3), as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title Vill of the Civil Rights Act of 196 (42 11CC sm 3601 et seq.), as Page 7 of 53 amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 118 which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), Lee 2 C.F.R. Part 200, Appendix 11, T C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, Noe 8 of 53 t�- including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractors commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants foremployment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the roles, regulations, and relevant orders of the Secretary of Labor, ) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders, 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 1124 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1146 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by lave, 6) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24e 1965, so that such provisions will be binding upon each subcontractor or vendor, The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. II) Termination. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. Pauc 9 of 5 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty ( ) dayswritten notice of its intention to do so, C. Termination for Cause and Remedies; In the event of breach of any contract terms,the County retains the right to terminate this Agreement.The County may also terminate this agreement for cause with Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with five (5) calendar days' notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Contractor, County shall pay Contractor the sure due the Contractor under this agreement prior to termination, unless the cast of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance® located at Section 2-721 et aL of the Monroe County Code. D1 Termination for Convenience; The County may terminate this Agreement for convenience, at any time, upon thirty (3 ) days' notice to Contractor. If the County terminates this agreement with the Contractor, County shall pay Contractor the sure due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the Counts False Claims Ordinance® located at Article I , Section 2-721 et al, of the Monroe County Code, E. Scrutinized Companies; For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 237,135(5)e Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel® the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 237,13 ( )(a)p Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 267m135(4)e Florida Statutes, are met. III) Maintenance of Records. Page 10 of 53 The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generallyaccepted accounting principles consistently applied. ecords shall be retained fora period o seven (7) years from the termination of this Agreement or for a period of five ( ) years from the submission of the final expenditure report as per 2 CFR §200.334, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the terry' of the Agreement and for seven (7) years following the termination of this Agreement. Righti ® Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, a 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), back charge logs and supporting ocumentation9 general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as 68County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may inOwner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as"Records") shall be open to inspection and subject to audit and/or reproduction byOwner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. E21M2DL2LE2221jDM2jgeL County shall pay pursuant to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statute, upon receipt of a Proper Invoice from the Page 11 of 53 Contractor, Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act, The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerks Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerks disbursal of funds, The County is exempt from sales and use taxes, A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Access. The Contractor and County shall allow and permit reasonable access to, and inspection o , all documents, papers, letters, or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor and County in connection with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor, Public Records Compliance. The Contractor must comply withFlorida public records laws, including but not limited to Chapter 11 , Florida Statutes and Section 24 of Article I of the Constitution of Florida, The County and Contractor shall all. and permit reasonable access to, and inspection of, all documents, records, papers, letters or other 88public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance, The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County a enforce the terms of this provision in the form of a court proceeding and shall® as a prevailing party, be entitled to reimbursement of all attorney®s fees and casts associated with that proceeding. This provision shall survive any termination or expiration of the contract The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 11 .0701, Florida Statutes, 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 copy of the requested records or all.w the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 12 of 53 (3) Ensure that public records that are exempt or confidential and exefrom public records disclosure requirements are not disclosedexcept as authorized law for the durationthe contractterm and followingcompletion of the contract i the contractor s not transfer the records to the County. } Upon completion of the contract, transfer, at no cost, to the County all public records in possessionf the Contractor or keep and maintainis records that would e required by the County to perform the service. the Contractor transfers all is records to the County uponcompletion e contract, the Contractor shall stduplicate is records that are exemptor confidential exempt from public records disclosure requirements. If the Contractor e s and maintains is records upon completion of the contract, the Contractor shall meet all applicable requirements for retainingis rcrs, All records stored electronically must be providede County, upon request from the 's custodian of records, in a format that is compatible i e information technology systems of the County. ) A request to inspect or coy public records relating toe County contract must be made directly to the County, but if the County s not possess the requested records, the County shall immediately noti e Contractor of the request, and the Contractor must providethe records to the County allow the records o be inspected or copied i i reasonable time. f the Contractor does not comply withe Co 's request for records, the County shall enforce the public records contract provisio s in accordancei e contract, notwithstanding the C 's option and righto unilaterally cancel this contract upon violation this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid is records request within reasonable time may be subject to penalties under SectionFlorida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 19IDA STATUTES, CONTRACT, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTACT THE CUSTODIAN OF PUBLIC RE IRIAN BRADLEY AT PHONE NO. 305-292- GOV q p ® 9 MONROE COUNTY ATTORNEY'S KEY 9 SUITE S WEST, Beginning January in accordancei Section 448.095, i s Statutes, the Contractor n subcontractor s all register with and shall utilize the Page 13 of 53 Department of HomelandSecurity's -Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. lll) tice e uRire 2!2 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. bail upon verified receipt or upon the date of refusal or non-acceptance of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraphs Notice shall be sent to the following persons: For Contractor: Lathan Almon If�ep Deices, lnc. d... 165 W. Jessup Ave. Longwood, FL 32756 For Owner: Director of Parks and Beaches Assistant County Administrators P i62®56 Overseas� 1166 Simonton Street Ke La rr lo< Fl.... 33076 Pie est, Florida 33646 onrge Couunf ttorne�'s Ofuce 1 1 1 1 1 2th Street Suite408 Key est, Florida 33646 IX) Uncontrollable Circumstance. Any delay or failure of either Marty to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Marty°s fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war„ invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; ( ) government order or law in the geographic area of the Project.; (e) actions, Page 14of 5 embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine. } i icatin is �afes r isaree ants. 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 the parties. 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 remedy as may e provided by this Agreement or by Florida lave. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Sections 1, Nondiscrimination, or Section 11, concerning termination or cancellation. FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable„ as set forth in 2 C.F,R. §200.326 Contract provisions and Appendix 11 to C.F.R. Part 200, as amended, including but not limited to: } Clean Air al Water Pollution Control Act (33 U.S.C. 1251-138ZJ. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, ( 2 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1337) and will report violations to FF A and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act ( 2 U.S.C. §§7401-7 71q) and the Federal Water Pollution Control Act (33 U.S.C. §1251-1337), as amended, applies to Contracts and subgrants of amounts in excess of 150,000.00. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEIVIA. 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 FE A and the appropriate EPA Regional Office. }Contract Work Flours and Safety Standards Act L40 U.S.C. 3701-37 6). Where applicable, Page 15 of 53 which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.M3702 an 3704, as supplemented y Department of Labor regulations (29 CFR Pa 5). Under 40 U.S.C, §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty ( 0) hours, Work in excess of the standard ork week is permissible provided that the worker is compensated at a rate of not less than one and a half times the .sic rate of pay for all hours workedin excess of forty (40) hours in the work week. The requirements of 40 U.S.C, §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements, No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation, liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in Paragraph ( )(1) o this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid a es. 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 territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic➢ including watchmen and guards, employed in violation of the clause set forth in Paragraph ( )(1) of this section, in the sum of 7 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5,5, (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime Page 16 of 53 contractor, or any other federally-assisted contract subject tot e Contract Work Hours and SafetyStandards Act, which is held the same prime contractor, such sums as may be determinedto be necessary o satisfy any liabilities of such contractor o subcontractor for unpaid wages and liquidatedes as provided in the clause set forth in Paragraph ( )(2) of 29 C.F.R. . . ) Subcontracts. The contractor or subcontractor shall insert in any subcontracts a clauses set forth in 29 C.F. 5.5, Paragraphs ( )( )through ( ), and also a clause re i i e subcontractors o include these clauses in any lower tier subcontracts. The prime contractor s all be responsible for compliance by any subcontractor loweror i r subcontractor wi e clauses set forth in 29 C.F.R. Paragraphs (1) through ( ). i is to vs i s e s Co tract r e s t. If the Federal award ets the definitiono "funding agreement" 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract wi a small business firm or nonprofitorganization regarding the substitution of parties, assignment or performance of experimental, develo a ta , or research o er that "funding agreement," e recipient or subrecipient must comply withe requirements 7 CFR Part1, "Rights vs dos Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued e awarding agency. } Debarmenta s s sio _(Executive ers 12549 and 126 _ contract award e a "covered transaction" (see 2 C ) must not be made to parties listed on the government-wide exclusions in the System r Award Management (S ), in accordance it the OMB guidelines at 2 C.F.R. a 180 at implement xec tivs Orders 12549 (3 C.F.C.F.R. Part 1986 Comp., p. ) a (3 C.F.R. a Co . 235), "Debarment a Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. a 3000 (Nonprocurement Debarmenta ssssio ), SAM Exclusionscotais the names of parties debarred, suspended, or otherwise excluded e cies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can e accessed a www.agM.gov. Contractor is required to verify that none of the contractor's principals (defined 2 C. 35) or its affiliates (defined at 2 C. §180.905) are excluded (defined at 2 C.F.R. 1 ) or disqualified (defined C.F.R.at 2 )a The Contractor must comply i 2 C.F.C.F.R. pt. 180, subpart C and 2 C.F.R. t. 3000, subpart C, and must include a requirement to comply withthese regulations in any lower tier covered transaction it enters into. This certification is a material representationof fact relied o y the County. If it is later determined that the contractor did not comply withC. , subpart C and 2 Ca . . 3000, subpart C, in addition to remedies available to Page 7 of 53 the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 160„ subpart C and 2 C.F.R. Pt, 3000„subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. } Byrd Anti-Lobbying Amend ent 31 U.S.C. 13 2 , Contractors that apply or bid for an award exceeding $100,000 must file the required certification, Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency„ a member of Congress, officer oremployee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C, §13 2. 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 the award exceeds $100,000, the attached certification must be signed and submitted by the Contractor to the County,. F) terials as set forth in 2 CR 200. 22. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act„ as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,. consistent with maintaining a satisfactory level of competitions where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10„000i procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot e acquired 1, Competitively within a timeframe providing for compliance with the contract performance schedule; 2e Meeting contract performance requirements; or 3, At a reasonable price. Information about this requirement, along with the list of EPA-designated items„ is available at EPA°s Comprehensive Procurement Guidelines website, hers&'Vr:µ grrrcur:..rri!grat... a 1p°I Page 18 of 53 The Contractor also agrees to comply withother liceble requirements of Section oliWaste Disposal Act. Prohibition certain a ec ica i video surveillance services o pguipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors i t or expend any federal funds to Procure or obtain; Extend or renewtract to procure o obtain; ter into a contract (or extend e a tract) to procure or obtain equipment services, or systems that uses coveredco icati s equipment r services as a substantial or essential component of any system, or as critical tec of s part of any system. As described in Public Law 115- 232, Section , covered telecommunications equipment is telecommunications equipment pro ce ei Technologies Company o ZTE Corporation (or any subsidiary or affiliate of such entities): (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other ti a security purposes, video surveillance and telecommunications equipment ce by tern Communications Corporation, angzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary affiliate of such entities). I°} Telecommunications or video surveillance services provided by such entities or using such equipment. II) Telecommunications or video surveillance equipment or services produced r provided by an entity t the Secretary of Defense, in consultation wit e Director of the NationalIteiace or to Director ofte Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled , or otherwise connected to, the government of a covered foreigncountry. Domestic refers ce for Procurements as set forth in 2 C.F.R. .322® The County and Contractor should, tote greatest extent practicable, provide a preference forte purchase, acquisition, or use of goods, products, or materials produced in the United States (including but nof limited to iron, aluminum, steel, cement, and other a fact re products). These requirements oft is section must be included in all subawards including contracts and purchase orders for work or products under federalaward. For purposes of this section: ( ) "Produced in the United States" means, for iron and steel products, that all manufacturing pocesses, from the initial eltin stage through the application of coatings, occurred in the United States. (2) "Manufactured pro ucts" means items and construction materials composed in whole or in parto ®ferrous metals such as aluminum; plastics and polymer-based prodcts such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber,- and lumber. Page 19 of 5 Davis-Bacon Act, as amended40 U.S.C. 3141--31481 When required Federal o e islaion, which includes emergency Maae t Preparedness Grant Program, HomelandSecurity t Program, Nonprofit Security rat Program, i a Security rat Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Fnon-Federal entities must comply withthe Davis-Bacon Act ( ®3 3 3 s supplemented by De e a r regulations ( CFR Part 5, "Labor Standa s Provisions Applicable to Contracts Covering Fe e I Financed and AssistedConstruction"). In accordance with the statute, contractors st be required o pay wages to laborers and mechanics at a rate of less than a prevailing wages specified in a wage determinatione by the Secretary of Labor. In addition, contractors must be required to pay wages of less than once a week. If applicable, the COUNTY mustlac a current prevailing wage determination issued the Department of Labor in each solicitation.The decision to award contract or subcontract s e conditioned upon the acceptance of the wage determination. The COUNTY must report suspected reported violations to to Federala i ec . When required ea program a is do , which includes emergency Management e are ss Grant Program, Homeland Security ra Program, Nonprofit Security rat Program, Tribal HomelandSecurity ra t Program, ec ri rat Program and Transit Security o a (i does not apply to other FEMA grant and cooperative agreement a s, including the Public Assistance Progra ), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply withthe Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part3, "Contractors and Subcontractors on Public Building or Public Work Financedi Whole or in PartLoans or Grants from the United States"). As required y the Act, each contractor or subrecipient is prohibited from inducing, any means, any person employed in the construction, completion, or repair of public work, to give up anya of the compensation to which he ors e is otherwise entitled. e COUNTY must reportsuspected or reported violations tot e Federal awarding agency. ( ) Contracts. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. 3145, and the requirements of 29 C.F. t. 3 as may be applicable, is are incorporated by reference into t is contract. ( ) Subcontracts. The contractor or subcontractor shall insert in any subcontracts e clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include ese clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Page 20 of 5 (3) Breach. A breachof the contract clauses above may be groundsr termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor st furnish each ee a statement with respecttote wages paid each of its employees engaged in work covered by the Copeland Anti- Kickback cDavis Bacon Actduring the preceding period. e o shall be delivered by the contractor or subcontractor, within seven s after e la payment date of the payroll period, to a representative f a Federal or State agency in charge at the site of the building or work. Other Federal Requirements } Americans it isa ilities Act o ( ), as amended. The Contractor will comply withall the requirements as imposed the ADA, the regulations of the Federalve e t issued thereunder, and the assurance by the Contractor pursuant thereto. isa va to ed Business EnteMdse IDBELPolicy and Obligation. It is the policy f the County that °s, as defined in C.F.R. a , as amended, shall ave the opportunity to participate in the performance of contracts financed in whole or in parti County s under this agreement. The DBE requirements of applicable e eral and state laws and regulations apply tot is Agreement. e County and its Contractor agree to ensure that 's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall toe all necessary and reasonable steps in accordance with C.F. 2 . 2 ( s set forth below), applicable a e a and state laws and regulations to ensure at es have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered rsua t tot is Agreement. C.F.R. 200.321 CONTRACTING AMINORITY a BUSINESSI AND ABOR SURPLUSAREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F, a §200.321, e CONTRACTOR shall toe the following affirmative steps to assure that minority businesses, o e °s business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: I. Placing qualifiedsmall and minoritybusinesses and women's Page 21 of 5 business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and en's business enterprises are solicited whenever they are potential sources; iiia Dividing total requirements, when econo ically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and en's business enterprises; ivm Establishing deliveryschedules, where therewire eat er its, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, a� ro�riate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi, Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) throe (5) o this section. L-_Verif S stem. 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 -Verifysystem 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. epartment of Homeland ecuri 's E-Verifysystem to verify the work authorization status of all new employees hired by the subcontractor during the Contract terra, 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. Additional a it e Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DH ) and the Federal Emergency anagement Agency®s (FE A) access to records, accounts, documents, information, facilities and staff. Contractors muse (1) Cooperate with any compliance review or complaint investigation conducted by DH ; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DFISregulations and other applicable laws or program guidance; Noe 22 of 53 and ( ) Submit timely„ complete, and accurate reports to the appropriate DH officials and maintain appropriate backup documentation to support the reports, } DFi eala Logo and Flags; Contractor shall not use the Department of Homeland Security seal(s)g logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval, The Contractor shall include this provision in any subcontracts, C Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor, } ComgGance ith Federal La Requlationss and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contracts The contractor will comply will all applicable Federal Law, regulations, executive orders, FEMA policies, procedures, and directives, } o O ligation by 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, } Pro rare Fraud and False or Fraudulent tatements or Related Acts, The contractor acknowledges that 31 U.S.C. Chap, 38 (Administrative Remedies for False Claims and Statements) applies to the Contractors actions pertaining to this contract, The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts„ and/or any other remedy, Florida Department of Emergencya a e en a it es } The Contractor is bound by the terms and conditions of the Federally-Funded ua and and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web a e; trt:t: ://www.r°rir.rriTro �„r°ouunt ..fl.r°rrv/II I°,... �~7 Monroe Q),urit y t.ttll't'/t°itd.ntm. The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. Page 23 of 53 PROPOSALFORM PROPOSALTO: Monroe County ProjectManagement 1100 Simonton S ®, Room 2-216 Key West, FIL 33040 PROPOSALFROM: REP is s® I c® 165 W. Jessup, Ave. Lon o9 L 7 ®4146 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: REPAIRSHIGGS BEACH PARK BEACH SIDE PLAYGROUND and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized i self with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies thathe/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and thathe/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could e reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Ten (1 ) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed or Purchase Order, which commencement of performance may include applying for a permit if one is required for the Project. If a permit is required for the Project, Contractor agrees to commence further performance of its work within Ten (10) calendar days of issuance of the permit. The undersigned shall accomplish Substantial Completion of the Project within Sixty ( ) calendar days, The undersigned shall accomplish Final Completion of the Project within Sixty (60) days, thereafter, unless an extension of time is granted by the County Pane of 53 The Base Proposal shall be furnI shed below in words and numbers. If there is an Inconsistency between the two, the Proposal in words shall control. ollars. (Total Base Proposal-words) Doll ars. (Total Base Proposal — numbers) l acknowledge Alternates as follows: N/A I acknowledge receipt of Addenda No.(s) or None No.—Dated No. Dated Page 25 of 53 In addition, Proposer states that he/she has provided or will provide the County, along with this Proposal, a certified copy of Contractor's License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements fort i project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: mo nroegggnty.civic us.com/Bids.as x?CatlD=18; AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Contractor: IRep Services, Inc. Mailing Address: 165 W.Jessup Ave. Longwood,FL 32750 Phone Number: 407-853-3561 E.1.N.: 59-2978507 Email: contracts@repservices,corn Date: 12/13/23 Signed: Nathan Almon President Name Title Contractor's Witness signature: �(r6 k,A Witness name: Dennis Roberts Date; 12/13/23 The County accepts the above proposal: MONROE COUNTY, FLORIDA .............. Date- 01/05/2024 . . B County Administrator or Designee APPROVED AS TO FORM&LEGAL WIFFWIENCT M , ow Att.—y'.Offl— Noe 26 of 53 N N t th&Ua MeWes Archer A.. t..t r County Attamey NON-COLLUSION AFFIDAVIT' 1,IMathan Mmon of the city of I ongwood according to law on my oath, and under penalty of perjury, depose and say that: a. I am IPresudernt ................................_. of the firm of Rep SeMces, IInc. the bidder making the Proposal for the project described in the Request for Proposals for: Ffiggs Beach Park Beach Sode Mayground Flurricane Van Repair and that I executed the said proposal with full authority to do so-, 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-, and 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 person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and e. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. f 12/13M ...................................... (Signature of Proposer) (Date) STATE OF�A GRIDA 1.............................................................................................................................................................................- C01 INTY OF-SEMNOUE ............................................................................................................................................................................................................................ Subscribed and sworn to (or affirmed)before nine, by rneans of I.E.] physical presence or El onfine notarization, on [)ecernber 13, 2023 (date) by ............................ Nathain................ m A� on (name of affiant). Fe:/:Sl:i:C:is:l:)e:r:s::o::Ly—oAvn kn 'to—:ni or has ................................... prodUced .................................... (type of identification) as identification. NOTARY P1 JBLIC My commission expires:AprH 19, 2024 (SEA.1.,) I ,W NoWry Pubhc SwW of Rcvda Dennm sieve.Robefis Jr my comftnvw GG 979615 Expoes 0402*024 == Page 27 of 53 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER INANCE NO. 010-199 lid NROE COUNTY,FLORIDA DA ETHICS CLAUSE -Rep Services, Vnc" "" (Company) warrants that he/she/it has not employed, retained or otherwise had act on has/her/ its behalf any fo er County officer or employee in violation of Section 2 of Ordinance No. 01 0- ➢990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990" For breach or violation of this provision the County may, in its discretion, tenninate 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, gift,or consideration paid to the fo er County officer or employee". (Signature) Date: December 13, 202: STATE OF',- F11 ORUEA COUNTY OF:SEMIII GI.....E Subscribed and sworn to Carr affirmed) before me, by means of physical presence air 0 online naurne notarization,ap"fiau�t �e��me/She is ersnnai..�...__..iana��vn ta:.� n��e as has produce(] ,, �date� ➢ay...u��au��u�u�run p y p" deuced as identification. (Type of identification) NOTARY PIJBLIC My commission expires:AprH 1 „ 202 (SEAL.,) nna Steve Robeirls Jr as 0411012024 Page 28 of 53 Certification Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, _IN than la� o n certifies, by submission of this document, that neither it n r its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Rep Services, Ina. l::3 Nathan n Alt ....... ._ ...... ....... .._..... .....-- -................................................................__ ...... ugri6t ur F ulpl rnt's Nam Nathan Almon President ............................. ........................................ ._...................................._..... _..._.........._........................................................................_._........................................._........................._._........................................................ Name and TMe DMsoon Contract INurrnb r 135 J ssuup Ave ....................... ..............................®___............................. ............................................................................................................................................................................................................................................. Street Addiress F::II::I:M A Pi oject INn.un°nb r 1::::: .i.�. . dr I II..... 32806 ................................._...................... � City, State, Znp t 2/t 3/2023 __......................................._...... Irate Page 29 of 53 DRUG.-FREE ]E KPI,AC " Al➢ The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: Rep Services, 6nc. _______ ----- (Name of Business) ➢o Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of dram;abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drain counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon n employees for dram abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bad a copy of the statement specified ed 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 sunder Enid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or r olo contenders to, any violation of Chapter 893 (FloridaStatutes) or of any controlled substance law of the United States or any state, for a visa➢at➢aeon occurring in the workplace no later than five (.5)days after such conviction. S. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program of such is available in the employee's community, for any employee who is sir convicted. 6. Make a good faith effort to continue to maintain a drum-free workplace through implementation of this section. As the person authorized to sign the statement, l certify that tln*s firm co nupalaes fully with the above requirements. __ -- Pro user's Signature p Dece n be_13,2023 _.� ________ ______ date STATE OF: FLOIRIDA COUNTY OF: SEMINOLE ---------- Subscribed and sworn to (cur affirmed)before me, by means of Fz1 physical presence or 0 online notarization, on December 13, 2023 _ (date) by Nathan Almon--_-----------—_ (name of affaaunt)4 produced--------------_.____________ (type if identafcata ua ctkv � _____________ Ted------l2 Y ----- ➢�;_______ OTA (SEAL.) My Commission n Expires: pM 2 , 2024______�. @ u° s Steve Rooms Jr Ply C®eaona GG 97 15 Q � ��4 r�r��rxaza page 30 of 53 PUBLIC "A person or affiliate who has been placedconvicted vendor list following victio for publice i crime may not submit a bid, proposal, or replyc o provide any goods or services to a public entity, may not submit s bid, proposal, or replycontract with s publice i fort e construction or repair of a public building or public work, may not submit t s on leases of real property to a public entity, a t be awarded or perform work as a contractor, supplier, subcontractor, r consultant under a contract with any public entity, transact business with any publice tit excess of the threshold amount provided in Section287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (3 s from e date of beinglace the convicted vendor list." I have readthe above and state that neither Nathan on (Respondent's e) nor any Affiliate has been lace the convicted vendor list within the last thirty-six (3 ) months. (�®ignture} Date: December 13, 2023 STATE CE4 FLORIDA COUNTY OF: SEMINOLE Subscribed and sworn to (or affirmed) before me, by means of 0� physical presence or 0 online notarization, on the 13th day of December 2023 date , b Nathan Almon _ (name of affiant . He/ he is personally irnov✓o o me r has produce _ �� type � o ento ocatoon) as Hentification. NOTARY PUBLIC (SEAS.,) My Commissioin Expires: April 19, 202 _ fy PuWw State d 1;.05Dennis sieve Roeis it My ccyraseeva� GG 979549 ExPres 0411912024 Page 31 of 53 VENDOR ER IFICE TION REGARDING SCRUTINIZED COMICE I Ii-i "r Project Descriiption(s) ,nq„9,s �eaoh P arr If each Side IF:'Vay round IFtu�rrioane Ilarn repair Respondent Vendor Na e° , ��Se bees, Ilnc. Vendor FEUN. 59-2978507 Vendor's Authorized Representative Name and Title: Nathan Aprnon, PresUdent Address: 1,65.. ................. City: long±cod State: FL Zip: 32750 Phone Nu mber407....853-3561 Email Address; oontraots repservices.com Section 257.135, 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 it, at the time of contracting or renevrai„ the company is on the Scrutinized Companies that Boycott RsraeU List" created pursuant to Section 215,4725„ Fioriida Statutes, or is engaged in a Boycott of Usraei. Section 237.135, Ronda Statutes, also prohibits a company from bidding on, submptting a proposal for, or entering into or renewing a contract for good or services of$1,000"000 or more, that are on either the Scrutinized Companies with Activities in Sudan Ust or the Scrutinized Companies with Activities in the Aran Petroieu.am Energy Sector ll...ists 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, U hereby certify that the company identified above fin the Section entitled "Respondent Vendor Dame" is not listed on the Scrutinized Companies that Boycott israO U_ist or engaged in a boycott of israO and for Projects of$1,000,000 or irrnore is not listed on either the Scrutinized Companies with Activities in Sudan U_ist, the Scrutinized Companpes with Activities in the Aran FletroVeum Energy Sector ll...'ist, or engaged in business operations in Cuba or Syria. p understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification irnay subject company to ciO penalties, attorney°s fees, and/or costs, p 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 piaced on the Scrutinized Companies that Boycott israep List or engaged in a boycott of israO or piaced on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Comrnpan'ies with Activities in the Aran Petropeuum Energy Sector p...ist or been engaged in buus0ess operations in Cuba or Syria. Certified By: Nathan AUrrnorn _ who is authorized to sign on behalf of the above referenced compa,iy, r� Authorized Signature:.................................._..................._ Print Name:Nathan Ai mom ................................... .f"itpe:President Note: The(List are avaiiablle at the follow mg Department of Management Services Site: +/ usin p s r Il era i ns/stair pniuuma Vat up 2l�Laaun.tci. uu"ntana.in olliiaoi.n/coax i lc su�u ne i n11:t n.tlna rtu ra.w.u p fia ilda.r cx u�atll.e,,. nded 6sca.iirania"nrataiii.y...c or i.11iiaiunts...vendor iilsts Page 32 of 53 1 P lle l lC � � a,,, C a �"a m PART 1 C�ERTIFIC�'ATIO REGARDING ARDI G LOBBYING n o00o wn wn. nn.oi oo...I. ........mnn o...I. (�"oa lie s"ubrtnitted with each bid or offer exceeding 100,000) Certification for Contracts,ntraets, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief,that: I. No Federal apnpbrcbp Haated funds have been paid or wwriH be paid, by or on pbehalfoftlne Undersigned, to any person, for inffl uenn6 ng;or attennprtinngp to pnnt'lcaennc°e an officer or er npnpo:byee of an agency,an Meniber of Congress,Tess, an officer or enapnlonyee of Congress, or aanw ennapbl.onyee of a Mennnber of Congress in connection with the awarding of any Federal contract. the ronaakinngp of any Feoterap grant, the nnnakinng a Caney Federal goanna, the entering; into of any cooperative ag;reennneant, and the extension, c;o ntinnanat:i.obna, renewal. annnerndnnnenat, or nnnoaclificaticbnn cap"any Federal contract, pp:naannt, loan. on cooperative a greennnennn. tt'aany Funds other than Fedennaap aapp pop panned funds I-lave been paid can will be paid to any person Conn° innlUenneinng, or a att:errnp•.ntirngg to influence an officer or er npalo:byee of' any agency, a Member of Congress, ann officer icer or enunpnlonyee end"C'onnagpress, or an ennnp.aloyee of Ceannlnen p C"cnun ae�s�s ineca¢nnnec.°tp connection ✓ptpn this Federal contract. aaa�unt. p naw can cooperative aag�,n een..a..nenat, t:lne aanao�ersig n:necl slnaall eo�nanpblete and submit Standard Fornnn_p..,p L.,, "Diselobscare Forrnn to Report: Lobbying."bbying;." in accordance with its instructions. 3. 'FhL undersigned shaaH rectcnin-e that the Ilanguaag;e of this c,ertpfieaatpenn be ia_neki ed in the award dMnnnne nts Ccbr all snnbawwaarcls at all tiers (innelcudhi g subcontracts, snnbgrants, and eonnntraets Under grants, loans. and cooperative as reeranennts) and that all saabrec;ipniesnts shall certify and disclose accordingly. This certification is as nnaaterial representation OCCaet napansna Wlaic h reliance was placed M-1 enn this transaction was nn.aaade or entered into. Submission ofthis certification is a p:wrerecpnniSite for making or entering, into this transaction innapecbsed by section 1352. title 31, U.S. Code. Any person who fails to Cope the recpa.nired certification shall be Scal:bgeet to a civil penalty of not less than $10,000 and not more than$100,000 for each s'Lnel'11 Cailaure. The Contractor,[R .p.....Sewices,..._prt , certifies or affirms the truthfulness and aeeanracy. _. of each statement of its certification and disclosure, if any. In addition,the Contractor Understands and a'.,rees that the provisions of 31 U.S.C. Chap. lia , Administrative remedies for False C.;lairns and taterne.:c.s,,a.pbpsl.y to this certification and disclosure, if any. P/ ...........; .................................................................................................................................................. Signature o f C onntu•ac;tor's AlAthorized Official amine anal Title of Contractor's AuthorizedCSC eial .................................................1"date................................. ]Page 33 of 3 DT.r9','L0S17RL OF L OBBYLNG AC I Stitus of Federal Action: I. Report Ty_pc Ha,coc"Ina b. grnt b sp�.-.nil awayd b Mueluj�dwele C., COD V a2mu lent r, pwil-anwa, 'FGT lWorW Chnap.On'.h-, Inar-pffampe Year_ qulmrar .......................... If ]1D&C kraal:nrKe date of Wi mporx 4 Name 2adAddrpss ofReparfing Entity 5- TY Rpperfing Emdtv is No.4 is Subawaridef, Exter N xme and,Address of Primp,,.-, "bMp El 1:1aVaam Bar ffkao'AM CLOnfreS b.;mixt,e kwWO rion2l Dis ovm no�nal D Congrm .ftict-Lflw d;. FMeril Departmemt..4genry: T, Federil Frap-am Na-m-Deuripfion CIDA-Number,if applicable Awnd Amowt ffkmm-m. 10, ik. N2me.and Address of Lobbv Enfirr b, In&,nAvjlsFer`cm udB.-Sen-ices tmdudm---- (T.f xd,!%,I&dl4 av n.amilo first]LIMik"W" addT i.i if thEdem as No I Oa) 03.--x rame,Bust Uame,%fil" MeCnMAIV) :111. Amount dR.T.nment(ch"k aH dtat 21TI��) 11 rvj*ofpsympai(check that zp ) Mqaknar ................................................................El arv-�ml M plar N-i 1) or..,�.-nmc 12, roppof psymeal(rhkk All thxt L COMMIUD'ot a- d, amnnye.ra lb uaAmd, mKilo'v narm'.e. e ddiwed ............I ara- ................................................................... f otiar,gpedf�............................................ 1.4, B�inel'Des.ci'ipdou%fSerTictkPerf arm edsrt-o'be pedDT'Y.R.ed2idD3te(,)ofServki�mc�uding oflfirfr(�).a*loyee(s),ar mEmber()o=Wlet for Rrrmeaf Udicatiql.in Item IL (artach Coc'&mafrim Sbeet4i)ifmece&iw-� 15, candflawwo Rkpa(s)Aft'sched- yeso 'No is, emprx:%#, ^ Tah-,I U,15 il: "Wcncn[312 1,111 E vic"'ary C4,kkb3-M! xaanxa-0m;phy-ad bya�wa Car -Alan.111n'Mr-aLica ................... PmtNMle Nathan Alnion p=n=x*11 U.S C 135::" Th-u vn'U bp ........................................................................................................................ spar M re"DIM;ScEll-Im'--ofivad�z 1w lVaLlEIG FOX phim uxqamn-m Any parum h..Elr iw rlp xwpind Rt Pliresdent ......................................................................................................................... ......... ....... ............ Farr.:' T,"re Onlv: ��Mdad Rum-I LL .................. ............................................................................................................................. 2-6c, PA!t V ICU HY I Y Page 34 of 53 DISCLOSURE OF 1,0BBYING ACTIVITIES This disclosure form shell be completed by the reporting entity,wnrbenher suubawnraarbee or prime Federal recipient,at die initiation nr receipt of covered Federal action of a material chat uge to pprevonras ffffttng pursuant to title 31 Lf.S.C..w.ctpsnu u 1352 " ige fghrug opffa form is reapthred ffor such payment or agreement to make prayrnent to lobbying elrutlty for tn&ffuuencirrg or attempting to influence an d'mk eem our employee of any agency,a Mennubaeu anp"Csaorgress an officer am employee dab"Congress of aura eraupployee of as Member of Congress liun connection nnection with au a;ovined Federal action Attach as continuation sheet for additional onral intdrrrr(Vation if the space on the ffannnin Its nrnade'puAate t;drlmnlphoe all uter'llns that apply'for both the initial f-�lnng andff IYnatell'rat change Irep .)it Rekeu`to the implementing B0.rT?nce p7Akh'PIished bl the Office of M a&Va gpirnent tu'd Budget far add litgona l unffanrnnaturn. l ldemu¢u6 the type of covered Federal action for which(lobbying activity as and/or has been secured to influence,the ouscapnuc of coveueal Febeoat action 3 pollentuffy the pclenttffy the status efthe covered(Federal actocrn 3 pdpemgupy tie appropriate cl ass rpucaturamu of this reprc»rt fffftlrns is a follow-up report caused flay a rmaternap change to the umnff',rrrmrahon pireviousIlygrellooried,enter linen year and quarter era which the charge occurred Enter the elate of the last, prevumsty.saaprrauguedp report ply'this(reporting entity ffor this covered Federal aaeflaatlrn 4 Enter the full narne,address,a:q state and zolp code muff"the reporting eontndy ffuncpusdbe('orugressjionall l)ms raet rf(.iapvwrm Check the appropriate classification of the reporting entity. that designates if it ius or expects to be sa prime or suubavoird reculpnerut pa6euntuffy the tuem of the swubammnrdlee,e g,the first saabaward6ee of die prrnunne us the first tram Suubawwaards and ude but are hot lamnutedl tdr snbcosntuacts.suapro&„rants and contract awrrards aundper grants 3 If the darganuzataonn fipung the report in ptern g checks"Sal:uawvardee"thew entea throe ff'ffulll un«arine,address,city,.state and anpn canape of the pprane D°eeteral recapmwent trncluicie C:orngu'essacorual D3 strict,uff lsnsawwn to Enter die narrre of the Federal agency umaldnng the award air loan cdrurrnnnutmment Include at lcast apmae drr rmmzaSndnn Level belduwa aageuncy uaaumie,uff''knianwarrn For esamrupplle.Department a f'FraunsponaRumaun,United States Coast Guard 7 Enter the h'e9erat program name or bescrppntnann ffcau tlne covered Fedflemah action(item p). tffk:no)wwn,emuter the ffuuH C aatallog,Gaff Teafferaa p.Do:orunestffe dksslstance(C°FffDA)nuurnrbeT p'br grants,ca dslpanrative agreeorieo'ats,loaaaras aunop liras cdormuuanutmne,nts. 8 l nter the gins st alpllproupnrffate Fedpertat lidlenti fypung una:nrraber avauOablle for the Federal action identification in iitemr l(e.g., Re.Cpnest Guar Pioppoasat(IRFP)nu amber,Irivitatudromt for Bib(tFpff)nuuuunber,grant anunonuuunceinnemnt nuunnuher,the contract giant. or loan award number,She aprpalicatpnru/purongsosal contrail nuuunnl:rer assigned by the Federal agency). Include prefixes, e g, "RFP-DE.M..00l " 9 For a csuwelrecff Federal action where there has becuu an award or loran cdalmi m inierut by the Federal agency,enter the Federal inn pwuant off tine aew"ao u8ftaaaim ccunanrnitnmeruts ffdnr the paw ummo aruntffty 6d08mnttff"lab porn utenr ap sror a. 10 (a)Entea tine full rnamune,adpdfloe%s,city,state and zip code opff'the lobbying entity engaged by the ueganrtling entff¢y paffentpppeb in litern 4 to tlrndllauenced:t the covered Feofferat actpdnn. (b)Entell`S➢nun te.rll nannies of tine:individual(s)performing services and nmla:hrrke ffuull address gf akutteron prcnnn 10(a) Enter Last 1Namrue,First Narne and Middle pmugffall(Ml). l p Enter the amount of caarunipairsatncnmo paid or reasonably expected to be paid by the reprnrtnng entity(mein 4)to tine lobbying. entity(ptenn lC). prua8licaate wwbetkner tkne payment has been maadffe(actual)or will be made ppplarunedtp Check aall boxes that apngpt,y. If this is a material charge report,enter tlhae cumnuulatnve a!m ouurit o f roy^rnnernt nnad e or planned to be made. t2 Check the appropriate,boas. ('heck all boxes that apply. ll'lpaya'anont us annaolc ollnrapuugh an pun-tolmuol cointrttruuttarm,slporcupy the natnre anal value of She non-lu nd:p Ipaynment l3 Check:She aapropsropnrnate box Check all boxes that apply if'other,sppecnff;y ruataure W I'mduvre:le a specific arid: detanled9 descrnppbon offthe selrvuces that tine lobtryo has Iperfornwrl or wwnlll be expected to pertknrr'n and the dpatepsp off"an%servnces renapereb. tncpadpe apt preparatory and Maned actrvuty not Faust tuunne spperut run actwual casntact with Federal antBuckdo ldpentdffy tire Federal officer(s)oo emrnpployee(s)contacted or the officer(s) eminlrolopyear4spsum G errnprd^r(s'y of Congress that were cog tactedt l:.y C hec*wvha her or uraat a corntuonuurghomn slhgeet(s)us aHached l6 the ceini`ymmg official shalt sign and date the fformun,parent Ihuus(her namrne titles and telelphanne nauutnba*u' IPuatrpuc rep ortnung buurdeun ffuar thus cdphlectnoprm nff"nunffoirrrmatndpun ors estrnrated9 to averap a 37 anunnurtes pier respaaaonse,nncluudhng Snrne ffour reviewing instruction,searching existing data 13dDRAmces,gathering and Imna intamnting the data needed,and copiloting and ter w%"ng the coHecgiom of IInt4:Dmtnatndpr'll. Send connnnents regarding tire burden estimate on'8arny other aspect of this collection o Illmffd'Dlrrnnatlidplm. including suggestions ff4pr` reducing this burden,to the Office of Manlinagenwint and ll'udlget,Paperwork Reduction p'tn'dbpeet (0348-0046),Waushingldpmu,pD C° 241503 SF-p.,LL-punstruuc uoins (Rev 06-04- 9NE Np.DpI rk Page 35 of 53 v i on Owned usi Business Declaration Rep �U Ub.r rAces ... ,. na sub-contractor engaged by Monroe County during tine completion of work associated with the below indicated project (Check cruse) is a minority business enterprise, as defined in section 288.703, Florida Statutes or ----is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. RS° 288.703(3) "Minority business enterprise" reams any small business concern as defied in subsection (6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-prercent-owned by minority persons who are members of an insular group that is o a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an aannderre resentation of commercial enterprises ender the roup's control, and whose management and daily operations are controlled by such persons. A minority business enterprise rnnay primarily involve the practice ofa profession. Ownership by a minority person does not include ownership which is the result of transfer from a rnonnminority person to a minority person within a related immediate family group if the combined total net asset value of alp members of such family group exceeds l million.For purposes of this subsection,the term"related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse use of such parent residing in tine sane house or living unit. RS 288.703(6)-",Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time ennnpnloyees and that,together with its affiliates, has a net worth of not more than 5 million or any firma based in this state which has a Small Business Administration 8(a) certification. As applicable to sale proprietorships, tine 5 million net worth requirement shall include both personal and business investments. w ant �a m a ,uM u°I R& 2 703 for more inf prmaflcr�, ( pr�ndn�c0 ry u.ni�-6��gigignt4 Monroe County _____ M_______a__ _________ _______________..______. S n gnlatanre Signature Print Name, Nathan AVrnrcrrn Printed Name; _. .... President Title) OMB Department: Verified via: Vuuif'.��m, rn u�i.��:punn.., n.u,n^+�11o�uu�lnn.o �ouvu oiiu�•+o,�tyu��,,l:n Address 165 w Jessup Avon DEM Contract- Z 3369 City,State/Zipaall_ongwood, FIL 32750 Date.Decernbe I3, 2a23 FEMA P qjc ctNgrq!acr: Page 36 of 53 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules,which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (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 Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. 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: Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies 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 under this contract or imposed by law. Page 37 of 53 The Monroe County Boardof County Commissioners, its employees and officials, at 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insure " on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writingon e County prepared form entitled s aive Insurance it s" and approved o roe County Risk Management Department. Page 38 of 5 PR POD INSURANCE INDEMNIFICATION STA REQUIREMENTSINSURANCE Workers' Compensation Statutory Limits Employers® Liability 100,000 Bodily Injury by Accident $500,000 BodilyInjury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $200,000 per Person; $300,000 per Occurrence 00,000 Property Damage or 300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence 20 ,000 Property Damage or 300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies, INDEMNIFICATION, L L Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes o action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees® agents, contractors or other invitees during the term of this Agreement, ( ) the negligence or recklessness® intentional wrongful misconduct® errors or other wrongful act or omission of Contractor or any of its employees® agents, sub-contractors or other invitees, or(C) Contractors default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or Page 39 of 53 any of Its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of time contract and not I se than 1 million per occurrence pursuant to Section 7 5.66, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph .3.Q. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costa or expenses relate to events or circumstances that occur during time term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this gree m rnt. In time event that the completion of time project (to include the work of others) Is delayed or suspended as a result of the Contractor's failure to purchase or maintain time required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, time Contractor agrees and warrants that time Contractor shall hold time County harmless arid shall indemnify It from all losses occurring thereby and shall further defend any claim or action on time Couunty"s behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this greeme nt. This indemnification shall survive the termination of this Contract, Nothing contained in this paragraph Is intended to nor shall It constitute a waiver of the sovereign immunity of the United States or the County. PROPOSER'S STATEMENT l understand time insurance that will be mandatory If awarded the contract and will comply in full with all of time requirements herein, I fully accept the indemnification and hold hairmless and duty to defend as sat out in this proposal. PROPOSER Signaft.ire Page 40 of 53 lNSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named aL)ove. The following deductibles apply to the correspondirig polky. POUCY DEDUCI lBLES UCH-3J47620 0 ...... ....... ............ ................................... MKLV31::IBCDO2856 ere 2'WECIAV0794 ..................................... ....................................... 11 iabifity policies are Occurrence Dalms Made . ............... ...................................... Nexander Rnancafl I-.V 0 .......... linsurance Agency &gnature Tip Paae 41 of'53 �D MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS A It i ,,,requested that the insurance requirements, as specified in the County's Schedule of /' Insu"tonce Requirements, be waived or modified on the following contract, ' ContrarNendor: P, Projector Service: Contractor/tlend ._...... ..�...._ or ^ dress Rhone .o ......................................... General Scope of WorPc: ,,, �. ............... „ Reason for Waiver or Modification: wr" , k h„ 4q P r' Policies Waiver or Modification gill apply to: ,/ ........... ---- ignature of ContractorNendor: --------------------------------------------- Date: A roved Not Approved ,`, �.Rik Management Si ture: ' Date: County Admin0rator appeal: Approved.",--- Not Approved: _______ Date: d� Board 9f County Commissioners appeal::" Ap�doved: Not Approved, Meeting Date: ._________ , ,P Pa(e 42 of 3"wWP REPSERV-01 JVANN ,acofro„ CERTIFICATE OF LIABILITY INSURANCE D 1TE 1/16/20YYYY) �---"'' 1/16/ 23 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 NAME: Alexander Insurance Agency PHONE FAX 641 South Orlando Avenue,Suite 206 (A/C,No,Ext): (407)629-4825 (A/c,No):(407)629-5407 Maitland,FL 32761 E-MAIL info@alexfinancial.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Insurance Co of SE 38261 INSURED INSURER B:Sentinel Ins. Co., LTD 11000 Rep Services,Inc. INSURERC:Evanston Insurance Company 35378 166 W.Jessup Avenue INSURER D:Travelers Indemnity Co of Amer 25666 Longwood„FL 32760 INSURER E: Ohio Casualty Company 24074 INSURER F: Lloyd's of London COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 21SBMBK3366 8/1/2023 8/1/2024 DAMAGE TO RENTED 500,000 X X PREMISES Ea occurrence $ X Business Owners MED EXP(Any one pe son $ 10,000 X Prod u ctsCom pleted PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ] JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: OCCurrenc $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X 21UECHV0794 8/1/2023 8/1/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X X MKLV3EUL102914 8/1/2023 8/1/2024 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN UB3J747620 8/1/2023 8/1/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OF EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Inland Marine BM060331810 8/1/2023 8/1/2024 Job Limit 250,000 F Errors&Omissions ANE1939938.23 8/1/2023 8/1/2024 Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as an additional insured with respects to the general liability and auto liability when required by written contract.Umbrella is follow form. IBM% T 12. 23 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "A" REQUEST FOR SERVICES FOR GCS BEACH PARK BEACHSIDE PLAYGROUND PAI S Location Map V 1� Al i »��l i Al, All F iUW ` Kay, ,no0021m III ��mu w � w i a Project Location 24.5474125-N, 81.7866803 Page 43of 53 EXHIBIT " " REQUEST FOR SERVICES FOR GCS BEACH PARK BEACHPLAYGROUND PA Page 44 of 53 CGC1508223 FEIN 59-2978507 Page 1 of 2 REP SERVICES, INC. E.-irnaill POs and contracts to Please mail checks to- Palff Rep Services,Inc. foonp,,7 Experts at May & Outdoor Spaces 0[11 Se eArrwpafwi a Maj%mond:EquPpPimns a SafrfM,Sur irk,10 Vwde '165 W,Jessup Ave. �N ED R ."S" pao Longwood,FL.32750-4146 Proposed Monroe County Ship TBD at a later date Bill Monroe County To:: Marathon Goverrirrient Center 'To° To. Maraffion Government Center 2798 Overseas Hwy Ste 400 2798 Overseas Hwy Ste 400 Marathon,FL 33050-4277 Marathon,FL 33050-4277 Attin: John Aiien Attn: Attn:John Aiien Project No: 19630 Project Name:: Monroe County Clarence Higgs Beach Project Contact: John Aiien Proposal No: 19630.06 Proposal Name4 Clarence Higgs Beach Playground Project Location: 1000Atlanfic Blvd Proposal Expires: 11/27/2023 Key West,FL 33040 Proposal Date4 10/16/2023 Project County:Monroe For Questions Contact: Carrie Humbert 9 407-853-3570 carvie@repservices.cou-n Opt/Rev. C/3 12/20/23-WB Vendor: Landscape Structures Proj Drawings: 591430 Class Part No Oty Description Unit Price Net Price Ext Price Kids In Motion IP135535B-.001 1 EA Whimsy Rider Sea Horse DB 1,832.00 1,832.00 1,832,00 lP152179A-001 1 EA Saddle Spinner DB 16"Height 1,370.00 1,370.00 1,370.00 Parts 101219 8 IEA Touch-Up Paint(4.5 Oz Can),Specify Color 19.97 19.97 159,76 132634 4 EA (2)SST Double Cievis,vAth Bolts 78.00 78.00 312.00 147472 1 EA HDW PPG 2-LEG BELT SWING 49,78 49.78 49.78 177447 1 EA Installation Instructions Single Post Swing 0,00 000 000 177498 1 EA BEAM 135i IND 2-LEG SWING 905.00 90&00 905.00 WARRANTY 1 EA Parts provided by LSD under warranty,listed on OA 0.00 0.00 0.00 PARTS P8165-01,05.Valued at$8,283.81 Original job#U75822&U77317 SvAngs IP174018A-001 2EA Belt Seat ProGuard Chains for 8'Beam Height 165.00 165.00 330.00 IP176038A-001 2EA Full Bucket Seat ProGuard Chains for 8'Beam Height 46800 468.00 936.00 Product Subtotal: $5,894.54 Freight:Prepaid Ship Method, Best Way FOB:Destination Weight.225 lbs Freight Charge $90600 Landscape Structures Total: $6,80&54 Installation By RSI InstaIler.The scope includes the following,as required. 591431 Reim Qty Description INS-I-Sl 1 LT Installation of repiacernent:parts that L5I sent under warranty(listed on acknowledgement P0008165-01-05)and swing parts along with new Saddle Spinner and Butterfly DigiRider.This also includes removal of existing Saddle Spinner and Turtle Spring Rider. Includes MINOR touch up painting. PSI instaiier Total: $14,00000 General Terms of Sale and Proposal Summary Net 30 Product: $5,894.54 Installation: $14,000M Freight: $906.00 Proposal Total: $20,80M4 INotes This proposal is for pats,freight and Installation only.Original job##U7731 7 LSD request 1 1 70496-01-01 installatiow Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area,above or below the surface If unforeseen conditions arise, the instailation charges will change to reflect additional costs associated with dealing with those circumstances.Examples of this include but are not ImiRed to: site not ready upon Installer's arrival,underground utilities,or difficulties with footers due to coral rock or ground water in the holes. The undersigned warrants that he/she is an authorized representative of Monroe County rioted and has the requisite authority to bind Monroe County an&or pdricipal Accepted By: EXHIBIT " " REQUEST FOR SERVICES FOR BEACHHIGGS A TENNIS TS FENCE REPAIRS Avis® con Act®Prevailing Wage Determination Issued by the Department of Labor "General Decision Number : FL20230022 10/33/2023 Superseded General Decision Number : FL20220022 State: Florida Constrimstion Type : Building County: Monroe County in Flori,da . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act or(; generally required to pay at least the applicable minimum wage rate required under Executive Order 34026 or Executive Order 1:3658 . Please note that these Executive Orders apply to covered contracts entered into by the Eeck?ral gover'nment t.hat are subject to the Davis-Bacon Act itself, Wt do W: apply to contracts subject only to the DaMY-Bacon RelatETJ Acts, including those set forth at 29 CI�RR 5 . ] (a) (2) - (60) JIf the contract is entered p . Executive Ordex 34026 linto on or after January 30, generally applies to the 12022, or the contract is contract . Irenewed or extended (e. g. , an The contractor must pay JopLion is exercised) on or y all covered workers at JaEter January 30, 2022 : least $36. 20 per hour (or the applicable wage rate listed on We wage determination, if it is higher) Eor all hours spent perf'orming an the cointiract in 2() 3. JIf the contract was awarded onj . ExecutHe Order 13658 Jor between January 1, 2015 and ! generally applies to the lianuary 29, 2022, and the contiact . 1contract is not renewed or The contractor must pay all lextended on or alter January covered workers at least 13 0, 2 022 $12 . 35 per hour (or the applicable wage rate liste& on this wage deleririnatjon, � lE it is higher) for all hours spent performing on that contract in 2023 . F%ge 47 or 53 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is COVElled by one of th(zo Executive Orders and a classification considered necessary Eol performance of work on the contract (Jo(--,s not af.)pear or thAs wage determination, the cont.iractor rnust. st au.l-1 subimit a conformance request . Additional informaLion on contractor requireinenLs aricl workeir protections under Lhe Executive Orders is available at http: //www. dol .gov/whd/govcontracts. Modification Number PubUcation Date 0 01 /06/2023 1 03 /13/2023 2 01 /20/2023 3 07/07/2023 4 09/22/2023 5 09/29/2023 6 10/13/2023 f:J,E(',0349-4)03 09/01 /2021 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 E Rot G10487- 023 OW01 /2023 Rates Fringes OPERATOR: Crane AJJ Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90 All Cranes Over 300 Ton, 3u3.ndnt::u to; '1'ower, Luffing Boom Cranes ,, --, . . . . . . . . . . . . 40 . 40 14 . 90 Cranes 130- 300 Ton . . . . . . . . . . 39. 38 14 . 90 Cranes 76 ton to 129 Ton . . . . $ 37 . 57 14 . 90 o. IRON0272-004 10/01/2'023 Rates Fringes 1RONWORKES, SIVIRTFURP& 100 11ge 48 of 53 PA.E:ENV0.E65 ....0EE4 06/01/EE02:E.. Rates Fringes PAINTER: Brush Only. .. . . . . . . 2 0 . 2.E., 32 . 38 EGakt w!3 E".:1" V nges Ea°;E E 11 a„E:N K E_A EpA R F E .V. E'E°:',N' (IFJ.le Qaap.Leas Fringes n?Ees o:HEE.A.I:"E^!ElETa L WORKER u,Eaia:;G:;. installation) . . . a . . . . . $ 2EE . 1EE 14 . 68 ENI1.171a2009 05aN 05/22/20EE9 Rates Fringes CEMENT MASON/CN)NCREE"FE dT INE SIIEniAR. . . $ -2 . 45 0 00 FENCE ERECTOR« . . . . w. . . . . . . . . . . m $ 9 . 94 0 . 00 E.oNtBONNE°'uR: G;r;rain�maaan or Genera.I . . , . . $ 8 w 62 0 . 00 LABORER: Pa.pralasE!er. . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: ENaar:MEa,'ha.ae/Excaav atr::wr. . . . . $ 16 . Wl, 0 . 00 0PEENA970lfr a 1?aa v eir., (ENspha V t a:Egrega(.dV:ea and 9 U 58 0 . 00 OPE,ECNE°:II:"G'R: Pump. . . . . . . . . . . . . . . . . .•ro 31 . 00 .� � 0 . 00 PAINTER: Ro L Ler and Sla )r,>i r. . . . . . . $ 11 . 23 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . rvb 32 . 27 3 . 33 Fly 49 of 5 ROOFER: Built Up, Cornposit_i.on, flot 'Iar iand Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Exc,,ludes HVAC Duct 14 . 41 3 . 61 TRUCK DRIVER, Incl.u(Ies, Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ............ WELDERS - lReceive rate prescribed fo.r craft p,)erforminq operation to whj (:,,h weldirtq is in(-,J (-Iexfl:a1 . kk Workers in this clas sod cam tion may be entitled to a higher minimum wage under Executive Order 34026 ($36. 20) or 13658 ($12 . 3 up) . Please see the Note at the top at the wage determination Ear more information . Note : Executive Order (EO) 33706, EstablIshing Raid Sick I,eave for Federal Contractors applies to all contract,s sub Jec to the Davis-Bacon Act Eor which the contract is awarded (and any solicitation was issued) on or after January 3 , 2017 . I this contract is covered by the EO, the contracto-r- iiust 1provide empLoyees w4h 3 hour of paid sick leave :Eor 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 heaMin-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill. , in-jured, or Il-iias other health -related needs, including preventive +�:are; or fo1':::" re,asons resulting Er ado m, or to assist a family member (or person who is like family to the employee) who is at victim of , domestic,, violence, sexual assault, or stalkjn(4 . Addi.Liona � nnforinatioin on contractor requirements and worker protections under the EO is available at https: //www. dol . gov/agencies`/w�)�i`/a�jo\ierniirneniit-(µoylL-racts . Unlisted classitlicaLldrum needed for work not, included within the scope of the classIELcations listed may be added after award only as proAded in the labor standards contract clauses (29CFR 5. 5 (a) ( 1) (ii ) ) . ........................................ F%ge 50 of 53 The body of each wage determination lists the classification and wage rates that have been Eound to be prevailing for the cited type (s) of construction in the area covE!':red I)y I:he wage deteimination. The classifications are listed. in all,)habetical order of ""identifieis"" that indicate whel:her the particul&r rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a un.ion average rate (weighted union average rate) . Union Rats, Identifi.ers A four letter classification abbieviatJoin iclentif .er enclosed in dotted lines beginning wLth characters other than ""SU"" or MAVG"" denDteS that the union classification and rate were prevailing for that classification in the survey. Example: P1..pUM0390-005 07/01/2014 . PIMM is an abbreviation identifier of the union which prevailed in the survey fox this classificatiDn, which in thLs example wou.'l(I be t Iumbers. 0198 indicates the local union number or district council numIre.ir where applicable, L . e. , Plumbers Local (M98 . The next nuinber, 005 in the example, is an internaL numbe.y used lama processing the wage determination. 07/01/2014 is the effe(�.I_jve date of the most current negotiated rate, which in this examlr_D', is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate IdJentifiers Classifications Asted under the ""SU"" identMer LndicaLe that no one rate prevailed Eor this classification in the survey am-A the published rate A derived by computing as weighVyeast averaqge� rate based on all the rates reported in the survey for that classification . As this weighted average rate Acludes all. rates reported in the survey, it may include both union and:J non-union rates . Example: SULA2012-007 5/33/2014 . SU indicates the rates are survey rates based on as weighted average calcuiation ol rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey an Mich these classificaLLons and rates are M�',ed . The tiext nuri'iber, 007 in the example, is an internal number us(�ud. in pi odu(:'J.nq the wage determination. 5/33/2014 indLcates tAie survey ;om.lrietiorl date [or the classificaLions and rates under that L(Jer.Lifier. Page 51 of 53 Survey wage rates are not updated and rEMain in effect until a new survey is conducted. Union Average Rate Identifiers Classi Eication (s) listed under the UAVC; ideriti fj Ell indi cate that no single majovity rate pr( vailed for those classifications; however, 300% of the data reported for the classifications was union data . EXAMP�[,E: 01\VG--()H- 00l0 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next nurrilrer, 0010 ln the example, is an internal number used Jn produci.ng the mige determination. 08/29/2014 indicates the su."rvey coinp.letiinn date for the classifications and rates under that idenLiEier. A UAVG rate will be updated oine as year, usua] 1.y in January of each year, to reElect a weLghted average of the current negotiated/CBA rate of the union locals fron YAM t1m rate is based. ---------------------------------------- ......................................................... .......... WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in U h e mat,ter? This can be : an existing published vogge detemArnation a survey underlying a wage a Wage and Hour DivisLon letter setl.Jng a pos] t, uc)n on as w,i()e c`IetcrmjnaLaoin maLter as conEormance (additional classjElcaG':ion and rate ) ruling On survey related matters, initial corrtact:,, including t e(Juests fo I. suii manna ries of surveys, should be with the Wage and Hour National OfElce because National office has responsibility for the Davis-Bacon survey program. If tJie respc)riise from tirjs initial contact is not satisfactory, then the process descrLbeld in 2 . ) and 3 . ) should be fol] o any cd. try iLh regard to any other matter not yet rir�)e f<)r t�he for ii1a] process described here, initial corfl.acli: shouhl be w�ith the Branc h oE Con st ruction Wa ge Determinations . Write Lo: F%ge 52 of 53 Branch of Construction Wage Detery.ruJnatjons WagE� arid Hour Div jsi (:)n U. S. Depar..,t:IME�11.t of.. Lab(�)r 200 Constitution Avenue, N.W. Washingtor., D(, 20210 2 . ) If the answer to the questLor; In 3 . ) is yes, then an, interested party (those at fected. by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 3 . 8 and 29 CE'R. Part '7) . Write to. Wage and Hour A(Jmiriistrator U. S., Der�)artnnenut: of Lak)or 200 Constitution Avenue, N. W. Washington, F)C 20210 The request should be accompanied by a full statement oE the interested party' s position an(l by any informal: ion (wage payment data, pzoject description, area pract.i (,-"e material , etc. ) that Me requestor considers releVant tO the KSIM . 3 . ) If the decision of the Administiator"S nOt NVOlable, an interested party may appeal directly to the Administrative Review Board ( formerly the Wage Appeals Board) . Write to: AdmJnistraLive Review Board U. S. [)er artmerit of Labor 200 Constitution Avenue, N.W. Washin.gLon, 2021J) 4 . ) All decisions by the Administrative Review Board are Mal . END OF M,,lERXL DE( ] S'[()N" F%ge 53 of 53