Loading...
5th Amendment 08/21/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 30, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: C7 5th Amendment to Agreement with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment Services contract for the last renewal of five renewal options, apply a CPI-U increase of 3.4%, and update other contract provisions. The new monthly payment amount is $1,586.66. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIFTH AMENDMENT TO AGREEMENT FOR CHEMICAL WATER TREATMENT AND TESTING SERVICES MONROE COUNTY, FLORIDA This Agreement is made and entered into this 21 st day of August, 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE WATER TECHNOLOGY, CORP. ("CONTRACTOR"), a Florida corporation, whose new principal address now is 13090 NW 43 Ave., Bay A, Opa-Locka, Florida 33054, but whose mailing address for purposes of this Agreement is 5846 S. Flamingo Road, No. 259, Cooper City, Florida 33330. WHEREAS, the parties hereto did on September 16, 2015, enter into an agreement for Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original Agreement"); and WHEREAS, on August 19, 2020, the Board of County Commissioners ("BOCC") approved the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional one-year renewals and update certain contract provisions; and WHEREAS, on August 18, 2021, the BOCC approved the Second Amendment to Agreement to renew the Original Agreement for the second of five (5) optional one-year renewals, provided a CPI-U adjustment, and updated certain contract provisions; and WHEREAS, on August 17, 2022, the BOCC approved the Third Amendment to Agreement to renew the Original Agreement for the third of five (5) optional one-year renewals, provided a CPI- I adjustment, and updated other contract provisions; and WHEREAS, on July 19, 2023, the BOCC approved the Fourth Amendment to Agreement to renew the Original Agreement for the fourth of five (5) optional one-year renewals, provided a CPI-I adjustment, and thereby updated other contract provisions related to that adjustment; and WHEREAS, the parties desire to renew the Original Agreement, as amended, for the last one-year optional renewal period, to provide for an annual CPI-U adjustment, update the Contractor's address, and update and/or add certain other County or Federal provisions to bring them current; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement, as amended, and enter into this Fifth Amendment to Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 6, Term of Agreement, of the Original Agreement as amended, the County exercises the option to renew the Original Agreement for the fifth of the five (5) one-year terms. The renewal term of the Original Agreement shall 1 commence on September 11, 2024, and ends upon September 10, 2025, unless terminated earlier under Paragraph 20 of this Agreement. 2. In accordance with Paragraph 6, Term of Agreement, of the Original Agreement as amended, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. The CPI-U on December 31, 2023, was 3.4%. 3. In accordance with Paragraph 4 A., Additional Services, of the Original Agreement as amended, , Additional Services for normal working hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays, shall increase from $34.66 per hour to $35.84 per hour for a technician, and shall increase from $46.22 per hour to $47.79 per hour for a technician and helper. 4. In accordance with Paragraph 4 B., Additional Services, of the Original Agreement as amended, Additional Services for emergency service calls (above four per year) after the hours stated above, including holidays, shall increase from $46.22 per hour to $47.79 per hour for a technician, and shall increase from $57.77 per hour to $59.73 per hour for a technician and helper. 5. In accordance with Paragraph 5 D., Payments to Contractor, of the Original Agreement, as amended, the monthly fee for the listed buildings shall be increased pursuant to the CPI-U increase of 3.4%, and thus Paragraph 5 D. is amended as follows: 5. D. The following buildings require monthly water treatment services. Murray E. Nelson Government Center 102050 Overseas Highway, Key Largo, FL $ 209.09 per month Monroe County Medical Examiner- Crawl Key 56639 Overseas Highway, Marathon, FL $ 47.79 per month Harvey Government Center 1200 Truman Ave., Key West, FL $ 47.79 per month Dept. of Juvenile Justice Building 5503 College Rd., Key West, FL $ 47.79 per month Monroe County Sheriff Administration Building 5525 College Rd., Key West, FL $ 209.09 per month Monroe County Detention Center on Stock Island 5501 College Rd., Key West, FL $ 657.13 per month Jackson Square Complex 500 Whitehead St., Key West, FL $ 328.56 per month 2 Gato Building 1100 Simonton Street, Key West, FL $ 39.42 per month Total per Month$ 1,586.66 The total monthly service amount of the contract shall be One Thousand Five Hundred Eighty-six and 66/100 ($1,586.66) Dollars for an annual contract amount of Nineteen Thousand, Thirty-nine and 92/100 $19,039.92) Dollars. Total compensation to CONTRACTOR for Additional Services and Repairs under this Agreement shall not exceed Twenty-five Thousand and 00/100 ($25,000.00) Dollars per year unless pre- approved emergency work requiring additional funds is implemented. 6. Paragraph 10, Hold Harmless, Insurance, Indemnification, Defense, and Insurance, of the Original Agreement, as amended, is hereby amended to delete the first four (4) paragraphs of Paragraph 10 as set forth in the First Amendment to the Agreement and replace those paragraphs only in its entirety with the following paragraphs: 10. HOLD HARMLESS, INSURANCE, INDEMNIFICATION, DEFENSE AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement 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 12 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 term 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 by 3 virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. All remaining provisions and paragraphs of Paragraph 10 remain the same. 7. Paragraph 13, Nondiscrimination/Equal Employment Opportunity, of the Original Agreement, as amended is hereby amended to delete on the first paragraph of Paragraph 13, as set forth in the Second Amendment, and replace it in its entirety with the following paragraph: 13. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any parry, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits 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 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. 4 All remaining provisions and paragraphs of Paragraph 13 remain the same. 8. Paragraph 18, Notice Requirement, of the Original Agreement, as amended, is hereby deleted and the following paragraph is replaced in its entirety as Paragraph 18: 18. NOTICE REQUIREMENT All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written correspondence required or permitted under the Agreement shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Advance Water Technology Corp. Facilities Maintenance Dept. 5846 South Flamingo Road 123 Overseas Highway-Rockland Key No. 259 Key West, FL 33040 Cooper City, FL 33330 And County Attorney P. O. Box 1026 Key West, FL 33041 9. Paragraph 44.2, Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148, of the Original Agreement, as amended in the First Amendment, is hereby revised only to replace Exhibit "A" to the Amendment with the current Davis-Bacon Wage Determination Statement dated July 12, 2024, attached hereto and made a part hereof. All other provisions of Paragraph 44.2 remain the same. 10. Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 2 CFR §200.322, in the Second Amendment, is hereby revised to only correct the legal citation in the title of that paragraph which should now read as "Compliance with Procurement of Recovered Materials as set forth in 2 CFR §200.323". All other provisions of Paragraph 44.7 remain the same. 11. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 49, as it was inadvertently deleted and replaced in its entirety with another paragraph in the Second Amendment, and Paragraph 49 shall read as follows: 49. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to 5 likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 12. An additional County form, Affidavit for Attesting to Noncoercive Conduct for Labor or Services,pursuant to new legislation is attached hereto and required for execution. 13. Except as set forth in Paragraphs 1 through 11 of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 6 wry,+ jc WI *HEREOF,theha seal,the day and year first TNESS INHERE parties have.hereunto set their nds and above. ' '{ Y1}+''yi,� •c�v' ti\ a'j. .. .. .. .. ' .. fie" 1 .sM''''4 .J/,1-61 1 2,''G-I i E( ,7 .. / G" .w,�., � �m� � � � . .BOARD OF• �COUNTY COMMISSIONERS fI �� Irr� ',,A TT .,'�4�i(EVIN 1ViADOK,CLERK a MO' �` %'w��, s�RIDA - t�Y kkaa3�'�lt� •� o ke, eputy Clerk Mayor ei 2,1 2.07.11 111 �.� By fitness Signature Signa e of person authorized to legally bind corporation litchi"; C2-o12'14S qx. • 0, 0 &0,10.100 , WiZSSSlL ess Printed Name Print Name and Title • L. . ant 0 /G,Soh/ Witness Printed Name MONROE COUNTY ATTORNEY OFROE /NSTO M. PATRICIA EAGLES _�_... x r RATS aF EXHIBIT "A" DAVIS-BACON WAGE DETERMINATION STATEMENT g 8/5/24,4:35 PM SAM.gov "General Decision Number: FL2O24OO22 07/12/2024 Superseded General Decision Number: FL2O23OO22 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $12.90 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 https://sam.gov/wage-determination/FL20240022/3 1/6 8/5/24,4:35 PM SAM.gov 2 03/15/2024 3 07/12/2024 ELEC0349-003 09/01/2023 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 39.81 14.62 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . .$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, 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 ---------------------------------------------------------------- IRON0272-004 10/01/2023 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 27.75 15.27 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- * SFFL0821-001 07/01/2024 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . . . . . . . . . . . . . . . . .$ 33.03 23.11 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation). . . . . . . . . . . . . . . . . . . .$ 29.10 14.68 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 ** 5.07 CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 ** 0.00 https://sam.gov/wage-determination/FL20240022/3 2/6 8/5/24,4:35 PM SAM.gov OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 9.58 ** 0.00 OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage https://sam.gov/wage-determination/FL20240022/3 3/6 8/5/24,4:35 PM SAM.gov determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG" ' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. State Adopted Rate Identifiers https://sam.gov/wage-determination/FL20240022/3 4/6 8/5/24,4:35 PM SAM.gov Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R 01.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 https://sam.gov/wage-determination/FL20240022/3 5/6 8/5/24,4:35 PM SAM.gov 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" https://sam.gov/wage-determination/FL20240022/3 6/6 ADDITIONAL COUNTY FORM 15 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVrCES Entity/Vendor Name: Advance Water Technology Corp Vendor FEIN., ---41 21 13877 Vendor's Authorized Represeritative. Pete Robinson President Address: 13090 NW 43r,d Ave. Bay A (Name and Title) City: --9PA0-Cka - State.. FL Zip 33054 Phone Number: 754-666-3611 Emnil Address� .:�sur�port gd-vancewatertechfi.com As a nongovernmental entity executing, renemring, or extending a contract with a gover,rim,ent entity, Vendor is required to, provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section '787,06, Florida Statutes, As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to rise physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by axig? person when labor or services are pledged, as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or senrice are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, 'withholding, or possessing any actual or purported passport, visa, or other imy.nigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring arty person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 803.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Venctor, I certify under penalties of perjury that Vendor does not ruse coercion for labor or services in, accordance with Section 787.06, Additionally, Vendor has reviewed Section 787,06, Florida Statutes, and agrees to abide by same. tclertifled By: Peter Robinson who is sign on behalf-it c abov��ferenced company, :1 authorized to s! ralf L'of5, Authorized Signature: W Print Name,, '1--�j,L-rr'- Title; 16 ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYW) 1 08/06/2024 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 Jaime A Diaz NAME: Diaz Insurance Agency, INC a//°NN Ext: (239)765-6571 A/� No): (239)765-5214 100 Island Cottage WayE-MAIL @ ADDRESS: diazinsurance//��l1comcast.net #20OF INSURER(S)AFFORDING COVERAGE NAIC# St.Augustine FL 32080 INSURER A: Colony Ins co 39993 INSURED INSURER B: PROGRESSIVE 10193 ADVANCE WATER TECHNOLOGY INSURER C: Colony Ins co 39993 13090 NW 43 AVE#1 A INSURER D INSURER E OPA LOCKA FL 33054 INSURER F: 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 ADDTYPE OF INSURANCE INSp WVpSUBR POLICY NUMBER POLICY EFF POLICY EXP LTR MM DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 F\/1 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 10,000 A x PACEP4286844 11/26/2023 11/26/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO- POLICY�X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ B AUT OWNOS ONLY AUTOS ED SCHEDULED 05720206 04/11/2024 04/11/2025 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident H �/ $ UMBRELLA LABX OCCUR EACH OCCURRENCE $ 2,000,000 C X EXCESS LAB CLAIMS-MADE EXC4286845 11/26/2023 11/26/2024 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is named additional insured on all general liability and automobile policies.water treatment including treatment of cooling towers,condensers,chilled water system. ) 2017 CHEVROLET EXPRESS G2500 VIN:XXXXXXXXXXXXX1369 all 8.6.24 CERTIFICATE HOLDER CANCELLATION WAMM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners(BOCC) 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 78/6/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 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: GIGA Solutions, Inc. PHONE FAX 101 Plaza Real South A/C No Ext: 888-581-0807 A/c,No):954-252-4426 E-MSte 201 ADDRESS: certs@gigasolves.com Boca Raton FL 33432 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: State National Insurance Company, Inc 12831 INSURED INSURER B Florida Resource Management LLC L/C/F Advanced Water Technology, Corp INSURERC: 343 Interstate Blvd. INSURERD: Sarasota FL 34240 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:380029356 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ APPROVED BY RISK MANAGEMENT Ea accident ANY AUTO ✓" BODILY INJURY(Per person) $ BY , OWNED SCHEDULED „ BODILY INJURY(Per accident) $AUTOS ONLY AUTOS DATE 8/6i2024 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY WAIVER N/A YES Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION AMX-1 84-0001-001 1/1/2024 1/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Coverage only applies to active employee(s)of Florida Resource Management&Subsidiaries that are leased to the following Advanced Water Technology, Corp ,eff 1/1/2024 Coverage only applies to injuries incurred by Florida Resource Management&Subsidiaries active employee(s),while working in FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client company or any other entity.A list of the active employee(s)leased to the Client company can be obtained by faxing a request to(941)343-6118 or by calling(941)343-6160. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners (BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD