HomeMy WebLinkAboutItem C01 CI
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
August 20, 2025
Agenda Item Number: C 1
2023-4202
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo
N/A
AGENDA ITEM WORDING: Approval of the First Amendment to the Agreement with Ro11Ka11
Technologies, LLC for Payroll Services related to invoicing for Monroe County Sheriffs Office
(MCSO) off-duty security detail work, exercising the first of two (2) options for additional two-year
renewal periods, to begin on September 30, 2025, and end on September 30, 2027. The First
Amendment reflects MCSO's hourly rate increase request from $55.00 to its current hourly rate of
$65.00, effective October 1, 2025.
ITEM BACKGROUND:
Monroe County Sheriff's Office (MCSO) and the County use Ro11Ka11 Technologies, LLC (Ro11Ka11)
payment system platform to manage invoicing for off-duty MCSO deputies for security services at its
parks and libraries. The current agreement with Ro11Ka11 terminates on September 30, 2025. To
continue this agreement, the County needs to exercise the first of two (2) options for additional two-year
renewal periods, to begin on September 30, 2025, and end on September 30, 2027.
On October 1, 2022, when the original agreement was executed, the hourly rate for deputies was
$55.00. The proposed amendment reflects an increase in MCSO's hourly rate to its current hourly rate
of$65.00, effective October 1, 2025. Paragraph 4(C) of the Original Agreement provides that the
contract will terminate if MCSO and the County do not agree on the adjusted hourly rate. And
Paragraph 5 states that the Agreement's renewal is subject to terms and conditions mutually agreeable to
the parties, exercisable upon written notice given at least thirty(30) days prior to the end of the initial
term.
This contract can be utilized by any county department desiring Sheriff s off-duty security details.
PREVIOUS RELEVANT BOCC ACTION:
On November 15, 2022, the BOCC approved an Agreement with RollKall Technologies, LLC, for
22
Processing of Payment for Security Services for the Monroe County Sheriffs Department off-duty
security details. This Agreement allows the County to process invoices for those details at various
county locations for several County departments.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
First Amendment to the Agreement with Ro11Kall Technologies, LLC for Payroll Services related to
invoicing for Monroe County Sheriff's Office (MCSO) off-duty security detail work, extends the term
for the first of two (2) additional two-year renewal periods, to begin on September 30, 2025, and end on
September 30, 2027.
First Amendment also increases MCSO's hourly rate from $55.00 to its current hourly rate of$65.00,
effective October 1, 2025.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
8-20-25 1 st Amendment RollKall Payroll Services Agree ent.pdf
Mike Rice Email on RollKall Agreement 10-14-22.pdf
COI PVC exp 6.13.26.pdf
2025 07 COI RollKall Tech. exp 7.13.26 signed_Redacted.pdf
10-01-22_Original_Agreement_Redacted.pdf
FINANCIAL IMPACT:
Effective Date: September 30, 2025
Expiration Date: September 30, 2027
Total Dollar Value of Contract: $173,000.00 annually.
Total Cost to County:
Current Year Portion: $125,312.84
Budgeted: Yes
Source of Funds: General Operating
CPI: N/A
Indirect Costs: N/A
Ongoing Costs Not Included in above dollar amounts:
23
Revenue Producing: No
If yes, amount:
Grant: N/A County Match: N/A
Insurance Required: Yes
Additional Details: This contract can be utilized by any county department desiring Sheriff's off-duty
security details. The current Sheriff's hourly rate is $65.00 effective 10/01/2025,plus 5% to RollKall as
per the Agreement.
24
FIRST AMENDMENT FOR THE PROCESSING OF PAYMENT FOR
SECURITY SERVICES
PERFORMED BY MONROE COUNTY DEPUTY SHERIFFS DURING
OFF-DUTY DETAILS ON MONROE COUNTY PROPERTY
This Agreement is made and entered into this 20 day of, August, between MONROE
COUNTY, FLORIDA ("COUNTY'), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, and RoIlKall Technologies, LLC, a
Delaware Limited Liability Company, authorized to do business in the State of Florida,
("CONTRACTOW), whose , is RollKall Technologies LLC., 909 Lake Carolyn Pkwy,Suite 1500
Irving,TX 75039.
WHEREAS, On October 19, 2022 the BOCC entered into an Agreement with Roll fall
Technologies, LLC, for Processing of Payment for Security Services for the Monroe County
Sheriffs Department off duty security details. This Agreement allows the County to process
invoices for those details at various county locations for several County departments.
WHEREAS, the Original Agreement term was for a three-year period and currently
terminates on September 30, 2025. Paragraph 5 of the Original Agreement provides for up to an
additional two (2) two-year periods for renewal; and
WHEREAS, the Parties desire to extend the term of this agreement for the first of two (2)
additional two-year periods with this term to commence on September 30, 2025, and terminate on
September 19,2027; and
WHEREAS, Paragraph 4(C) of the Original Agreement specifies the hourly rate for
Mon-roe County Sheriff's Department off-duty security details as $55.00 per hour, and the Monroe
County Sheriff's Department has requested an increase to $65-00 per hour, effective October 1,
2025;and
WHEREAS,the parties have found the Original Agreement to be mutually beneficial; and
WHEREAS,the parties find that it would be mutually beneficial to amend the Agreement
with this First Amendment;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein,it is agreed as follows:
Section 1. In accordance with Paragraph 5 of the Original Agreement, the County exercises its
option to renew the agreement for the first of two (2) optional two-year periods. This renewal shall
commence on September 30, 2025, and ends upon September 30, 2027, unless terminated earlier
under Paragraph 21 of the Original Agreement.
Section 2. In accordance with Paragraph 4(C) of the Original Agreement the Monroe County
Sheriffs Department exercises its option to increase the hourly rate for off-duty security detail
from$55 per hour to $65 per hour effective October 1,2025
25
Section 3. Except as set forth in Sections 1 and 2 above,all other provisions of°the Agreement,
as amended, shall remain in full force and effect.
IN"'FITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first
above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
13y: By:As Deputy Cleric Mayor
Date:
Witnesses for CONTRACTOR: CONTRACTOR: RollKaliTechnologies, LLC,
Signature Signature of person authorized to
legally bind the Corporation
bate:l 70, 025, Date: S1. 0" . .
Print Name
Address: e "� , "
Signature
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21
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Date Telephone Number
AMAWY
APP"OMAS MFOAM
VAN:
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6/25/2025
26
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From: Mike Rice
To: Eables-Patricia
Cc: Allen-John; Henry Thomas; DiNova Joseph
Subject: RE: CAUTION: External Email-Subj: RE: RollKall Agreement
Date: Friday,October 14,2022 4:28:58 PM
CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting.
Patricia,
MCSO contracted with RollKall to provide software to manage our off duty details and handle the
accounts receivable/payables. Based on our contract with ROIIKaII, they will be invoicing for the
details and paying the deputies who work them. The hourly rate is set by the Sheriff, RollKall has no
input into that. Please let me know if you require further information on this matter.
Mike
From: Eables-Patricia [mailto:Eables-Patricia@MonroeCounty-FL.Gov]
Sent: Friday, October 14, 2022 12:38 PM
To: Mike Rice <MRice@keysso.net>
Cc: Allen-John <Allen-John@MonroeCounty-FL.Gov>; Henry-Thomas<Henry-
Thomas@MonroeCounty-FL.Gov>; DiNovo-Joseph <DiNovo-Joseph@MonroeCounty-FL.Gov>
Subject: CAUTION: External Email -Subj: RE: RollKall Agreement
Mike,
We briefly spoke recently about the RollKall Agreement that is being processed for payment of the
deputy detail work. As you know,Joe DiNovo had been handling this matter, but Joe has been on
vacation. I stepped in then and tried to get it finished and onto the October BOCC agenda. Anyway,
we ran into an issue when the item got to OMB for their approval as they are requesting some
additional information. I tried to call you just now, but your voicemail was full. Can you please give
me a call so I can discuss what I need and you can then direct me to the best person within the
Sheriff's Office if you are not the proper party as to the documentation we need. You can reach me
either on my cell (786-847-3526) or my direct line at 3477. Thanks and I look forward to speaking
with you.
Patricia Eables
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305)292-3470(Phone)
(305)292-3516(Fax)
Email:ea,bl,es,-,patriciaCc�monroecounty flgov
27
DATE(MM/DD/YYYY)
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 6/13/2025
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: WS Certificates
Woodruff-Sawyer&Co. PHONE FAX
50 California Street, Floor 12 A/C No Ext: 844-972-6326 A/C,No):
E-MSan Francisco CA 94111 ADDRESS: certificates@woodruffsawyer.com
INSURER(S)AFFORDING COVERAGE NAIC#
License#:0329598 INSURERA: Hartford Casualty Insurance Company 29424
INSURED ROLLTEC-01 INSURER B:
RollKall Technologies, LLC
909 Lake Carolyn Pkwy, Suite 1500 INSURERC:
Irving, TX 75039 INSURERD:
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1103330853 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 DAM
AGETORENTED
PREMISES Ea occurrence $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY❑ PRO-
❑
JECT LOC PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY ) - XT COMBINED SINGLE LIMIT $
lt=zh Ea accident
ANY AUTO �Y ( J ,� BODILY INJURY(Per person) $
OWNED SCHEDULED " 6.1
AUTOS ONLY AUTOS DA BODILY INJURY(Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY - Per accident
UMBRELLALIAB OCCUR EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
A WORKERS COMPENSATION 57WECBS5Z9Y 6/13/2025 6/13/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER 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)
Waiver of Subrogation applies as respects Workers Compensation to the extent provided per forms to follow and as permitted by law.
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 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 28
, ►' CERTIFICATE OF LIABILITY INSURANCE IaAal:tkllwlrrlrAdYYYYI
w�... ',. 71'1412025
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE LURES NOT AFFIRMATIVELY OR NEGATIVELY AMENILU, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BEIL+C1111UU. THIS CERTIFICATE OF INSURANCE DOE'S NOT CONSTITUTE A CONTRACT BETWEEN THE IISSUING IINISUIRER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder its an ADDITIONAL INSURED,the pollicyQ0les1 must have ADDITIONAL INSURED provisions or Ibe 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 bolder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME' WS Certificates
Woo
druff Sawyer&Co, PHCINE rAx
51I1 California Street„ Floor 1 AAC NLa Exl.844-972 632E c Na)
MAIL
San Francisco CA 4111 DRES a Cerl0fucales@woodlrruff awycsl".coaTl
LRc nse# 0329598 INISURERA:Hartford!Casualty Insurance Company 29424
INSURED RT,C7l R TEC011 INSURER H:I ortegra Specialty insurance Cornpany 1682
RoIIIICaIII Technologies, LLC
SDS Labe Carolyn PIS,,Suite 1500 INSURER c:SelntiN'nell insurance Company,L . 1100E
Irving TX 750,39, INSURER o
INSURER E
INSURER F`
COVERAGES CERTIFICATE NUMBER:59! 0512630 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE PC:1LIC iES OF INSURANCE LISTED BE.I.I"7"W HAVL BEEN ISSIUED TO THE INSURED NAMED ABOVE FOR THE Pr LACY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM CAR CONDITION(OF ANY CONTRACT OR OTHER DOCUMENT WITH' RESPECT TO WHICH THIS
CERTIFICATE MAY 631E ISSUED OR MAY PERTAIN, THE IINSUIRAINCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 'To ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUC"I°'I POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCEDrh BY PAiD CLAIMS
MI � INSa. POLICY Y Err PCkLIC:Y EXP
TYPE INSURANCE D POLICY INU MBEIR kIINfIIOILkAYY"YY IWIII WLYCYwYYYY LIMITS
C X COMMERCIAL GENERAL LIABILITY Y' Y 72SBMI3G74I9 7P11r292a 7M&202E' EACH OCCURRENCE $1 0100,000
CLAIMS-MADE ®NX CLUR PREMISES Es occurfe $10100,I:00
NnELU EXP(Any one p son) $I0,000
PE,RSONAL$ACIV INJIU!RY $I d100,I:I00
GElNIAGGRL.C4AiELIM'rAPPLIESPE:R: GENERAL AGGRE'GA"rE $2,did9,000
POLICY F�VE{;.r ACT F7 LOC PRCBIOOC"I'S e CCCNIPIOP AG43 $2,0100,000
o rHER:' $'
AUTCINu OEHLF LIATLILITY kC C 01M IINF:T)SINC�.E I.IFAIT $
IS IT E CcuCl11t
ANY AUTO APMT,I � � � BOOII Y'INJURY(Flar posr ry $
..._.a
C1ANErh SCHEDULED .w m BODIL Y'INJURY(Fear Facade. i $
AUTOS ONLYAUTOS W "�
FNIRED NC?N�C".dWNEIT 211 2S _�.�,_ PROPERTY dAO�NAGE�
AUTOS ONLY AUTOS ONLY A � "— — I(Pei acddenln $
IUMBRELLALIAB OCCUR EACU1OCCURRENIC'E $
EXCESS t..NAFI GLAINwr&MADE AC43REGA'rE $
D:nEI RIE"rENT ION$ $
A WORMERS COMPENSATION Y 57WWECHS5 9 r,RILIr202a IaRt ,f2Cl2'Ca X PER S IA'TI.R°rE ER
II-
ANI6 EMPLOYERS'LIAIBILP Y Y d N,..... .
ANYPROPRIETC^7U~PARINEFVEII CI.Y'I"'IVE EL EACHACC.IOEN'r $1 0109,000
OFIFIiCERAMIEMBEREXCLUDED'? NI(A
tMaildstory In NH) El UISEA"RE e EA EMPLOYEE $1 0100,000
Ur ,s„d cnl under
0 SCRIPI ION OF OPERA"I"IONS below El DISEASE'-POLICY LIMP"L $1 0100,000
B r$OWCsybefLbbillir,Y 4 dLRI°Id'9II216C YBER2025 7PI2f2025 7M2r)026
DESCRIPTION Or OPERATIONS I LOCATIONS I VEHICLES pACORD 101,A(kiihmiM Remrkss:$d*duie,may be attached d MOM SPaCe IS feqtltedl
Monroe County BOCC Is included as Addi onall Insured as respects General Liability on a Prmmalry and Non contrilbutoly lbasis with a waiver of subrogation to
the extent provided In the seliected pages of the attaiched forms,
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 BOCC
11100 Simonton Street AIJTI°IIC,IRI FDRE:PRESENTATI'VF:
Key West, FL 33040
(4 1,988-2015 ACORD CORPORATION. All rights reserved.
ACORD 2 (201610t 3) The ACORD name and logo are registered marks of ACORD 29
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees
We will not pay expenses for"bodily injury": are also insureds, but only with respect to
their duties as trustees.
a. Any Insured
To any insured,except"volunteer workers". 2• Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your "volunteer workers" only while
of any insured or a tenant of any insured. performing duties related to the conduct of
c. Injury On Normally Occupied Premises your business, or your "employees", other
than either your executive officers (if you
To a person injured on that part of are an organization other than a
premises you own or rent that the person partnership, joint venture or limited liability
normally occupies. company) or your managers (if you are a
d. Workers' Compensation And Similar limited liability company), but only for acts
Laws within the scope of their employment by
To a person, whether or not an you or while performing duties related to
"employee" of any insured, if benefits for the conduct of your business.
the "bodily injury" are payable or must be However, none of these "employees" or
provided under a workers' compensation "volunteer workers" are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and
e. Athletics Activities advertising injury":
To a person injured while practicing, (a) To you, to your partners or
instructing or participating in any physical members (if you are a partnership
exercises or games, sports or athletic or joint venture), to your members
contests. (if you are a limited liability
f. Products-Completed Operations Hazard company), or to a co-"employee"
while in the course of his or her
Included with the "products-completed employment or performing duties
operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other
Excluded under Business Liability Coverage. "volunteer workers" while
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: (b) To the spouse, child, parent,
a. An individual, you and your spouse are brother or sister of that co-
insureds, but only with respect to the "employee" or that "volunteer
conduct of a business of which you are the worker" as a consequence of
sole owner. Paragraph (1)(a) above;
b. A partnership or joint venture, you are an (c) For which there is any obligation
insured. Your members, your partners, and to share damages with or repay
their spouses are also insureds, but only with someone else who must pay
respect to the conduct of your business. damages because of the injury
c. A limited liability company, you are an described in Paragraphs (1)(a) or
insured. Your members are also insureds, (b) above; or
but only with respect to the conduct of your (d) Arising out of his or her providing
business. Your managers are insureds, but or failing to provide professional
only with respect to their duties as your health care services.
managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care
joint venture or limited liability company, you services, Paragraph (d) does not apply
are an insured. Your"executive officers"and to any nurse, emergency medical
directors are insureds, but only with respect technician or paramedic employed by
to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only (2) "Property damage"to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05 30
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred; or
"employees", "volunteer workers",
any partner or member (if you are (2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your"employee" or With respect to "mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment, and
die, but only: only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability.
maintenance or use of that property; and However, no person or organization is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co-"employee" of the
d. Legal Representative If You Die person driving the equipment; or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part. your permission. Any other person or
organization responsible for the conduct of
The insurance afforded herein for any such person is also an insured, but only with
subsidiary not shown in the Declarations respect to liability arising out of the operation
as a named insured does not apply to of the watercraft, and only if no other
injury or damage with respect to which an insurance of any kind is available to that
insured under this insurance is also an person or organization for this liability.
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24 31
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the
additional insured under this provision if such product;
person or organization is included as an
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages. the vendor; or
a. Vendors (h) "Bodily injury" or "property
Any person(s) or organization(s) (referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
own acts or omissions or those of
"bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed acting on its behalf. However, this
or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or (i) The exceptions contained in
"property damage" included within the Subparagraphs (d) or(f); or
"products-completed operations hazard". (ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to: connection with the distribution
(a) "Bodily injury" or "property or sale of the products.
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumption of whom you have acquired such products,
liability in a contract or agreement. or any ingredient, part or container,
This exclusion does not apply to entering into, accompanying or
liability for damages that the containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for "bodily
(c) Any physical or chemical change injury", "property damage" or
in the product made intentionally "personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05 32
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality; or
(a) Any 'occurrence" which takes (b) "Bodily injury" or "property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e. above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises
your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, "personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24 33
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one 'occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E.— Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while
b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard" is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the
Declarations. 6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05 34
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law.
b. With respect to "mobile equipment" to If other valid and collectible insurance is
available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists,
follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
this Coverage Form: below.
a. To join us as a party or otherwise bring us b. Excess Insurance
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work";
against an insured; but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you
or temporarily occupied by you with
settlement means a settlement and release of
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage" to premises rented
to you or temporarily occupied by you
in this policy to the first Named Insured, this
with permission of the owner;
insurance applies:
a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to
a claim is made or"suit" is brought. the extent not subject to Exclusion g. of
Section A.—Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A. —
representations you made to us; and Coverages.
Page 16 of 24 Form SS 00 08 04 05 35
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance; and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method,each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to organization for all or art of an payment,
defend the insured against an suit if an g p y p y
g y"suit" y including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24 36
4t
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 57 WEC BS5Z9Y Endorsement Number:
Effective Date: 06/13/25 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: RollKall Technologies
909 LAKE CAROLYN PKWY
IRVING TX 75039
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 06/16/25 Policy Expiration Date: 06/13/26 37
Kevin Madok, cm,
Clerk the Circuit Court& Comptroller Monroe County, Fl itld
DATE: December 6, 2022
,alias A' llen,,
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siccurity semices lima- die Mom-oc County SliciArs, Department ent calf"mmclaatN� SCCUIiIj' dCIAs. ,IIIiS
agreement will allow day: County, to larcatess invoices 14 those se det l m it Val"i US a°Oaraat.00016011S for
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Finance
File
KEY WEST MARATHON PLANTATION d TATION KEY
5010 Whitehead Street 1 t 7 Overseas Highiway 88770Overseas HW ihway
Key West, Flarida 33040 Marathon,Florida,33050 Piantation Key, Floridla 33070
38
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
AGREEMENT
FOR THE PROCESSING OF PAYMENT FOR SECURITY SERVICES
PERFORMED BY MONROE COUNTY DEPUTY SHERIFFS DURING
OFF-DUTY DETAILS ON MONROE COUNTY PROPERTY
This Agreement is made and entered into this 19th day of October, 2022, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and RollKall Technologies,
LLC, a Delciwcire Limile(]Licibiflly Compw y, authorized to do business in the State of Florida,
("CONTRACTOR"), whose address is 600 East 1,as Colinas Boulevard; Site 900, Irving, 'T'exas
75039-5631
WHEREAS, COUNTY has an ongoing need for the provision of security and law
enforcement services on COUNTY facilities and at public events on COUNTY property; and
WHEREAS, the Monroe County Sheriff Office, among other law enforcement agencies
and private security firms, has currently furnished to the COUNTY law enforcement officers,
primarily Deputy Sheriffs ("Deputy Sheriffs"), to perform security and law enforcement service
details for the COUNTY at its facilities and property during their off-duty hours; and
WHEREAS, COUNTY currently pays the Deputy Sheriffs directly for the provision of
these services; and
WHEREAS, the scheduling of the Deputy Sheriffs during their off-duty hours would be
enhanced and payment thereto for the services provided to the COUNTY would be expedited by
the utilization of the RollK.all Payment System Platform; and
WHEREAS, COUNTY desires to contract for the performance of the work or services
described in the below Scope of Work; and
WHEREAS, CONTRACTOR desires to and is able to perform the work or services
described in below Scope of Work; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the
services, as described in the below Scope of Work for COUNTY1-
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, it is agreed as follows:
I a THE AGREEMENT
,T'he Agreement consists of this document and all insurance documentation required
hereunder, and attachments, if any.
2. SCOPE OF WORK
,T'he RollK.all Platform Payment System ("RoIlK.all Platform") only enables connections
between law enforcement agencies, off-duty officers, and persons seeking to obtain
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32524945v.1
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DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
security services from such officers, for the fulfillment of contract employment. COUNTY
shall pay the Monroe County Sheriff Deputy directly for completed services through the
RoIlKall Platform. Payments are processed through Stripe, a third-party certified Payment
Card Industry Information (PCI) Service Provider, Level 1. Deputies will be issued a 1099-
K. from CONTRACTOR for services provided to COUNTY.
3. PERSONNEL
Communication between the COUNTY Representative and the CONTRACTOR'S
personnel is of paramount importance. Therefore, the CONTRACTOR must assure that at
least one (1) of its personnel can communicate well in the English language with the
COUNTY Representative. Any employee hired by the CONTRACTOR shall be the
CONTRACTOR'S employee and in no way has any employment association with the
COUNTY. The CONTRACTOR shall ensure that its employees are trained in all
appropriate safety regulations including, but not limited to, OSHA regulations, security
protocols of the Monroe County Sheriff Office, the proper safeguarding of confidential
personnel information of governmental safety officers exempt from public disclosure
pursuant to Subsection 119.071(4),Florida Statutes and all other applicable local, State and
Federal regulations.
4. CONTRACT S I JM AND PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Monroe County Board of County
Commissioners ("BOCC"). COUNTY shall pay in accordance with the Florida
Local Government Prompt Payment Act and Monroe County Code. Payment will
be made after delivery to and inspection by COUNTY of the information described
in Subsection 4(D) of this Agreement and upon submission of a proper invoice by
CONTRACTOR.
B. CONTRACTOR shall submit to the Monroe County Sheriff Office accurate and
timely information regarding the services provided to the COUNTY by Deputies
no later than twenty (20) days after law enforcement off duty detail is performed
with such supporting documentation acceptable to the Office of Monroe County
Clerk and Comptroller ("Clerk"). Acceptability to the Clerk is based on generally
accepted accounting principles and such laws,rules, and regulations as may govern
the Clerk's disbursal of funds. Monroe County's Fiscal Year is October I"through
September 3 01h All outstanding invoices must be submitted for payment within ten
(10) days of the end of the Fiscal Year to avoid non-payment for those services.
C The COUNTY shall pay the rate set by the Monroe County Sheriff's Office
(currently $55 per hour per Deputy requested for the off-duty detail, plus five
percent(5%), which such 5% will be retained by CONTRACTOR in consideration
of CONTRACTOR fulfilling its obligations of this Agreement, including
COUNTY insurance requirements. Any adjustment to the hourly rate or the
percentage charged to the COUNTY requires the approval of the Monroe County
Sheriff Office and the Monroe County Board of County Commissioners.
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32524945v.1
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Notwithstanding any other provision contained herein, should such adi ustment not
be agreed to by the Office of Sheriff and the COUNTY, this agreement shall
immediately ten-ninate.
D CONTRACTOR shall submit to the Monroe County Sheriff Office accurate and
timely information regarding the services provided to the COUNTY by an off-duty
Deputy from which all invoices can be generated by the Monroe County Sheriff
Office. Such infon-nation, at minimum, shall include: the name of the Monroe
County Deputy, the Date of the Detail, the Exact Hours of the Detail and the Total
Dollar Amount Requested. Such infon-nation shall be contemporaneously provided
to the COUNTY for verification.
E CONTRACTOR shall prepare all documentation required by this Agreement in
such a manner that it shall be accurate, coordinated and adequate for use in
verifying work completed and shall be in conformity and comply with all applicable
law, codes and regulations. The CONTRACTOR warrants that the documents
prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies.
F The services provided by this Agreement are limited to the payment for
performance of security services to COUNTY by off-duty Monroe County Deputy
Sheriffs. If scheduled services are not provided by an off-duty Deputy, COUNTY
will not pay the 5% service fee to CONTRACTOR for the scheduled service.
5. TERM OF AGREEMENT
This three (3) year Agreement shall commence retroactive to October 1, 2022, and ends
upon September 30, 2025, unless terminated earlier under either Subparagraph 4(C) or
Paragraph 21 of this Agreement. The COUNTY shall have the option to renew this
Agreement for up to an additional two (2) two-year periods on terms and conditions
mutually agreeable to the parties, exercisable upon written notice given at least thirty (30)
days prior to the end of the initial term. Unless the context clearly indicates otherwise,
references to the "terra" of this Agreement shall mean the initial terrn of three (3) years.
The COUNTY is not required to state a reason if it elects not to renew.
6. LICENSES
CONTRACTOR has, and shall maintain throughout the term of this Agreement, all
licenses, pen-nits or other authorizations necessary to fulfill its obligations under this
Agreement. Proof of such licenses shall be submitted to the COUNTY upon execution of
this Agreement and annually thereafter or upon any renewal.
7. MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven (7) years
Born the termination of this Agreement or five (5) years from the submission of the final
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expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for seven (7) years following the termination of this
Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
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 by the COUNTY.
8. RIGHT TO A LJDIT
Availabilily (?f Recor(A. The records of the parties to this Agreement relating to their
respective rights and obligations hereunder, which shall include but not be limited to
accounting records (hard copy, as well as computer readable data if it can be made
available; subcontract files (including proposals of successful and unsuccessful bidders,
bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work
sheets; correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by COUNTY or the Clerk to substantiate charges
related to this Agreement, and all other agreements, sources of information and matters
that may, in COUNTY'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 by County's representative and/or agents or the
County Clerk. County 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 confin-nations with employees, Subcontractors, suppliers,
and Contractor's representatives. All records shall be kept for ten (10) years after Final
Completion of the Project. The County Clerk possesses the independent authority to
conduct an audit of Records, assets, and activities relating to this Project. If any auditor
employed by the Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement,the Contractor shall repay the monies together with interest calculated pursuant
to Section 55.03, Florida Statutes, running from the date the monies were paid to
Contractor.
9. PUBLIC RECORDS COMPLIANCE
CONTRACTOR must comply with Florida public records laws, including but not limited
to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida.
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, records, papers, letters or other "public record" materials in
its possession or under its control subjectto the provisions of Chapter 119,Florida Statutes,
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and made or received by the COUNTY and CONTRACTOR in conjunction with this
contract and related to contract performance. The COUNTY shall have the right to
unilaterally cancel this contract in accordance with Section 2 1(C)hereof upon violation of
this provision by the CONTRACTOR.Failure of the CONTRACTOR to abide by the terms
of this provision shall be deemed a material breach of this contract and the COUNTY may
enforce the terms of this provision in the form of a court proceeding and shall, if it is the
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated
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 Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the CONTRACTOR or keep and maintain public records
that would be required by the COUNTY to perform the service. If the
CONTRACTOR transfers all public records to the COUNTY upon completion of
the contract, the CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
If the CONTRACTOR keeps and maintains public records upon completion of the
contract, the CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the COUNTY,
upon request from the COUNTY'S custodian of records, in a format that is
compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract must
be made directly to the COUNTY, but if the COUNTY does not possess the
requested records, the COUNTY shall immediately notify the CONTRACTOR of
the request, and the CONTRACTOR must provide the records to the COUNTY or
allow the records to be inspected or copied within a reasonable time.
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If the CONTRACTOR does not comply with the COUNTY'S request for records,
the COUNTY shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the COUNTY'S option and right to unilaterally
cancel this contract in accordance with Section 21(C) hereof upon violation of this
provision by the CONTRACTOR. A CONTRACTOR who fails to provide the
public records to the COUNTY or pursuant to a valid public records request within
a reasonable time may be subject to penalties under Section 1 19.10, Florida
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 law.
IF THE CONTRACTOR HAS QUESTIONS REGARDINGTHE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, 'TO 'THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO 'THIS CONTRACT',
CONTACT-THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT'
PHONE4 305-292- 3470, BRAD L,EYBRIAN(a7 MONROECOUNTY.-F L,.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, I I I I 12TH STREET', SUITE 408,
KEY WEST', FL, 33040.
10. HQIaD HAR D INSURANCE
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 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 respectto,or sustained by, any indemnified party, in each
case solely to the extent arising by reason of, or in connection with, (A) the negligence,
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of
CONTRACTOR or any of its employees, agents, sub.-contractors, or other invitees, or(B)
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 negligent or more culpable acts or
omissions of the COUNTY or any of its employees, agents, contractors, or invitees (other
than CONTRACTOR).
IN NO EVENTSHALA, CONTRACTOR BE LIABLE UNDER THIS AGREEMENT-TO
COUNTY OR ANY 'THIRD PARTY FOR CONSEQUENTIAL, INDIRECT',
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES,
L,OST PRO FITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT' OF,
REL,ATING TO, OR IN CONNECTION WITH ANY BREACH OF 'THIS
AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE
FORESEEABL,E, (B) WHETHER OR NOT' ITWAS ADVISED OFTHE POSSIBI1,ITY
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OF SUCH DAMAGES AND (C) 'THE 1,EGAI, OR EQUITABLE 'THEORY
(CONTRACT, TORT' CAR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN NO EVENTSHALJ, CONTRACTOR'S AGGREGATE LIABILITY ARISING OUT'
OF OR RELATED TO 'THIS AGREEMENT, WHETHER ARISING OUT' OF OR
REL,ATEDTO BREACH OF CONTRACT', TORT (INCLUDING NEGLIGI--,NCE) OR
OTHERWISE, EXCEEDTHE TOTAL, OF THE AMOUNT'S PAID OR PAYABLE 'T'O
CONTRACTOR OR $1 MILLION, WHICHEVER IS GREATER.
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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of
this Agreement.
11. INSLJRANCE
CONTRACTOR shall obtain insurance as specified and maintain the required insurance at
all times that this Agreement is in effect. The coverage provided herein shall be provided
by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the
State of Florida and that has an agent for service of process within the State of Florida.
Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
A. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY
INSLJRANCE. Where applicable, coverage to apply for all employees at the
minimum statutory limit as required by Florida Law, and Employee's Liability
coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00
bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease,
each employee.
B COMPREHENSIVE ALJTOMOBILE VEHICLE LIABILITY INSLJRANCE.
Motor vehicle liability insurance, including applicable no-fault coverage, with
limits of liability of notless than $300 000.00 per occurrence,combined single limit
for Bodily Injury Liability and Property Damage I.Jability. Coverage shall include
all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits
are provided, the minimum acceptable limits are $200 0.00.00 per person,
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$300 0.00.00 per occurrence, and $200 0.00.00 property damage. Coverage shall
include all owned vehicles, all non-owned vehicles, and all hired vehicles.
C COMMERCIAL GENERAL LIABILITY. Commercial General Liability
Insurance, including Personal Injury I.Jability, covering claims for injuries to
members of the public or damage to property of others arising out of any covered
act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property
Damage and a Limited Contractual Liability Endorsement $1,000,000 per
occurrence and $10,000,000 umbrella coverage for Bodily Injury Liability and
Property Damage Lability. Coverage shall be no less extensive that that set forth
in CONTRACTOR'S "Special Form" General Liability Coverage.
An Occurrence Form policy is preferred. If coverage is changed to or provided on
a Claims Made policy, its provisions should include coverage for claims filed on or
after the effective date of this contract. In addition,the period for which claims may
be reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
D PROFESSIONAL LIABILITY INSURANCE OR ENGINEER'S ERRORS
AND OMISSIONS INSURANCE of$1,000,000 per claim and$1,000,000 annual
aggregate.
E CYBER LIABILITY INSURANCE to include the following coverages: Data
Breach,Network Security Lability,Internet Media,Network Extortion R I t ry
Proceedings, PCI Fine and Cost. The minimum limits acceptable is:Wiif
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted.
The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees, agents,
and volunteers.
The CONTRACTOR shall require its subcontractors to be adequately insured at
least to the limits prescribed above. The COUNTY will not pay for increased limits
of insurance for subcontractors.
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 its/his/her own expense, insurance as specified
herein. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR.Alternatively,the
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CONTRACTOR may require all Subcontractors to obtain insurance consistent with
the provisions of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this
Agreement (including pre-staging of personnel and material) until satisfactory
evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the required insurance, shall
not extend deadlines specified in this Agreement.
The CONTRACTOR shall maintain the required insurance throughout the entire
term of this Agreement and renewal term(s), if any. Failure to comply with this
provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced.
The CONTRACTOR will be held responsible for all deductibles and self-insured
retentions that may be contained in the CONTRACTOR'S Insurance policies.
The CONTRACTOR shall provide to the COUNTY, as satisfactory evidence of the
required insurance, either:
0 Certificate of Insurance.
0 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, including all amendments, endorsements, exclusions or
changes to the policy, required by this contract
All insurance policies must specify that they are not subject to cancellation, non.-
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the COUNTY by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed
under this Agreement or imposed by law.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, IT'S
EMPL,OYEES AND OFFICIALS SHALA, BE NAMED AS CERTIFICATE
HOL,DER AND ADDITIONAL, INSUREDS WITH RESPECT' TO
CONTRACTOR'S LIABI1,ITIES HEREUNDER ON ALL, POLICIES EXCEPT'
WORKER'S COMPENSATION AND PROFESSIONAL, LIABII,I'T'Y
INSURANCE OR ENGINEER'S ERRORS AND OMISSIONS INSURANCE.
12. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
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insurance pool coverage shall not be deemed a waiver of immunity t®the extent of liability
coverage, nor shall any Agreement entered into by the COUNTY be required t® contain
any provision for waiver.
13. INDEPENDENT CONTRACTOR
At all times and for all purposes under this Agreement, CONTRACTOR is an independent
contract®r and not an employee of the Board of County Commissioners of Monr®e County.
N®statement contained in this Agreement shall be construed s®as to find CONTRACTOR
®r any ®f its employees, subcontractors, servants, ®r agents t® be employees of the Board
of County Commissioners of Monroe County.
14. NONDISCRIMINATIOL1 1JAL 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 on the part of any party, effective the date of the court order.
CONTRACTOR and COUNTY agree t® comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating t®nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act ®1 1964 (PI, 88-352) which prohibits
discrimination on the basis of race, color ®r national origin; 2) Title IX of the Education
Amendment®1 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 ®1 1973, as
amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)'The
Age Discrimination Act ®1 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) 'The Drug Abuse Office and 'T'reati-nent Act ®1 1972
(PI, 92-255), as amended, relating t® nondiscrimination on the basis of drug abuse; 6) 'The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act®1 1970 (PI,91-616), as amended, relating t®nondiscrimination on the basis of alcohol
abuse ®r alcoholism; 7) 'The Public Health Service Act ®1 1912, ss. 523 and 527 (42 USC
ss. 690dd.-3 and 290ee.-3), as amended,relating t®confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act ®1 1968 (42 USC s. 3601 et seq.), as
amended, relating t® nondiscrimination in the sale, rental ®r financing of housing; 9) 'The
Americans with Disabilities Act of 1990(42 USC s. 12 101 Note), as may be amended from
time t® time, relating t® nondiscrimination on the basis of disability; 10) onr®e County
Code Chapter 14, Article 11, which prohibits discrimination on the basis ®Trace, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity ®r expression,
familial status ®r age; I I) Any other nondiscrimination provisions in any Federal ®r state
statutes which may apply t®the parties to, ®r the subject matter of, this Agreement.
During the performance of this Agreement,the CONTRACTOR,in accordance with Equal
E'mplo�ymenl 01�porlunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339),as amended by Executive Order I 1375,Anieti(litigI,.xecillive Or(Jer 1124(a Relating
to Equal Eniplo�ymenl 01)porlunity, and implementing regulations at 41 C.F.R. Part 60
(Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department®1 Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows:
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(1) The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The CONTRACTOR will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising-,
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The CONTRACTOR
agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(3) The CONTRACTOR will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision
shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal
complaint or charge,in furtherance of an investigation, proceeding,hearing,
or action, including an investigation conducted by the employer, or is
consistent with the CONTRACTOR'S legal duty to furnish information.
(4) The CONTRACTOR will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the CONTRACTOR'S commitments
under this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(6) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
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will permit access to its books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7) In the event of the CONTRACTOR'S noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the CONTRACTOR may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(8) The CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (I) and the provisions of paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The CONTRACTOR will
take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance; provided, however, that in the
event a contractor becomes involved in,or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
15. ASS IGNMENT/S LJBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this Agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this Agreement. Unless expressly provided for therein,
such approval shall in no manner or event be deemed to impose any additional obligation
uIron the Board.
16. COMPLIANCE WITH LAW AND LICENSE RL�QUIREMENTS
In providing all services/goods pursuant to this Agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules, and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said statutes,
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ordinances, rules, and regulations shall constitute a material breach of this Agreement and
shall entitle the COUNTY to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
17. DISCLOSLJRE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Section 112311, et. seq., Florida Statutes.
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position; conflicting employment or contractual relationship; and
disclosure or use of certain information.
No Solicitation/Payment. COUNTY and CONTRACTOR warrant that, in respect to
themselves, they have neither employed nor retained any company or person, other than
bona fide employees working solely for them, to solicit or secure this Agreement and that
they have not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for them, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that
the COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
18. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment
or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this contract.
19. NOTICE REQLIRL=
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any written notices or correspondence required or
permitted under this Agreement shall be sentby United States Mail,certified,return receipt
requested, postage pre-paid, 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:
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FOR COUNTY: FOR CONTRACTOR:
Monroe County RoIlK.all 'T'echnologies, LLC
Manager, Monroe County Public Library Attn: ----------------------------------------
700 Fleming Street 600 East Las Colinas Boulevard
Key West, FL, 33040 Site 900
Irving, 'Texas 75039-5633
Monroe County
Director of Parks & Beaches
102050 Overseas Highway
Key Largo, Florida 33047
And
Monroe County Attorney
111 12 th Street, Site 408
Key West, FL 33040
20. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'STax Exemption Number in securing
such materials.
CONTRACTOR shall be responsible for any and all taxes, or payments of withholding,
related to services rendered under this Agreement.
21. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this Agreement after five
(5) days' written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days' written notice of its intention to do so. If the COUNTY
terminates this Agreement with the CONTRACTOR pursuantto this Section 21(B),
COUNTY shall pay CONTRACTOR all amounts due the CONTRACTOR arising
under this Agreement prior to termination.
C Termination for Cause and Remedies: In the event of breach of any contract terms
by a party, the other party retains the right to terminate this Agreement in
accordance with this Section 21(C). In the event of such termination, prior to
termination, the non-breaching shall provide the breaching party with five (5)
calendar days' notice and provide the breaching party with an opportunity to cure
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the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the COUNTY terminates this Agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this Agreement prior to termination; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the
breach. The maximum amount due to CONTRACTOR shall not in any event
exceed the agreed amounts in this Agreement. In addition, the COUNTY reserves
all rights available to recoup monies paid under this Agreement, including the right
to sue for breach of contract and including the right to pursue a claim for violation
of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the
Monroe County Code.
D Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall
Tray CONTRACTOR the sum due the CONTRACTOR under this Agreement prior
to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement.
E For Contracts of any amount, if the COUNTY determines that the CONTRACTOR
has submitted a false certification under Section 287.135(5), Florida Statutes, or
has been placed on the Scrutinized Companies that Boycott Israel List, or is
engaged in a boycott of Israel, the COUNTY shall have the option of (I)
terminating the Agreement after it has given the CONTRACTOR written notice
and an opportunity to demonstrate the agency's determination of false certification
was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining
the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
F For Contracts of $1,000,000 or more, if the COUNTY determines that the
CONTRACTOR submitted a false certification under Section 287.135(5), Florida
Statutes, or if the CONTRACTOR has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba
or Syria, the County shall have the option of(I) terminating the Agreement after it
has given the CONTRACTOR written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions
of Section 287.135(4), Florida Statutes, are met.
22. GOVERNING LLAW, VENU.EAND.1NT.ERPR.ETAT.10N
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the COUNTY and CONTRACTOR agree
that venue will lie in the appropriate court or before the appropriate administrative body in
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Monroe County, Florida. The Parties waive their rights to trial by jury. This agreement
shall not be subject to arbitration.
23. MED[ATION
'The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
24. SEVERABILITY
If any term, covenant, condition or provision of this Agreement(or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent by
a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants,conditions and provisions of this Agreement would prevent the accomplishment
of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to
reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
25. ATTORNEYS FEES AND COSTS
COUNTY and CONTRACTOR agree that, in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, at all levels of the court system, including in appellate
proceedings.
26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the
claim or dispute with meet and confer sessions. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not
subject to arbitration. This provision does not negate or waive the provisions of Paragraph
14 or Paragraph 21 concerning termination or cancellation.
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27. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
28. BINDING EFFECT
,The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
29. AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate action, as required by law. Each party agrees that it has had ample opportunity
to submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily, and with advice of counsel.
30. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement. Any
conditions imposed as a result of funding that affect this Agreement will be provided to
each party.
31. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents,volunteers,or employees
outside the territorial limits of the COUNTY.
32. LEGAL OBLIGATIONS AND RESPONSIBILITIES/NON-DEI EGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES.
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further,
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this Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional ®r statutory duties of the COUNTY, except t®the extent permitted by
the Florida constitution, state statute, and case law.
33. NON-REIJANCE BY NON-PARTIES
N® pers®n ®r entity shall be entitled t® rely upon the terms, ®r any of them, of this
Agreement t® enforce ®r attempt t® enforce any third-party claim ®r entitlement t® ®r
benefit of any service ®r program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR ®r any agent,
officer, ®r employee of either shall have the authority t® inform, counsel, ®r otherwise
indicate that any particular individual ®r group of individuals, entity ®r entities, have
entitlements ®r benefits under this Agreement separate and apart, inferior to, ®r superior t®
the community in general ®r for the purposes contemplated in this Agreement.
34. ATTESTATIONS
CONTRACTOR agrees t® execute such documents as the COUNTY may reasonably
require, t® the extent reasonably necessary t® carry out the provisions of this Agreement
and give effect t® the transactions contemplated hereby, including, but not limited to, a
Public Entity Crime Statement,an Ethics Statement,Non.-Collusion Statement,and a Drug.-
Free Workplace Statement(Attachment A).
35. NO PERSONAL LIABILITY
N®covenant®r agreement contained herein shall be deemed t®be a covenant®r agreement
of any member, officer, agent, ®r employee of COUNTY ®r CONTRACTOR in his ®r her
individual capacity, and n® member, officer, agent, ®r employee of COUNTY ®r
CONTRACTOR shall be liable personally ®n this Agreement®r be subject to any personal
liability ®r accountability by reason of the execution of this Agreement.
36. EXEC UTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
37. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation ®f any provision ®f this Agreement.
38. PUBLIC ENTITY CRIME STATEMENT
"A person ®r affiliate who has been placed ®n the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, ®r reply ®n a contract
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to provide any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work,may not submit bids on leases of real property to a public entity,may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.0 17, Florida Statutes, for CATEGORY
TWO for a period of thirty.- six (36)months from the date of being placed on the convicted
vendor list."
39. MUTUAL REVIEW
This Agreement has been carefully reviewed by CONTRACTOR and the COUNTY.
Therefore, this Agreement is not to be construed against either party on the basis of
authorship.
40. ANNUAL APPROPRIATION
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners. In the event that the
COUNTY funds on which this Agreement is dependent are withdrawn, this Agreement
will be terminated upon CONTRACTOR'S receipt of written notice thereof from
COUNTY, and the COUNTY will have no further obligation under the terms of this
Agreement to the CONTRACTOR beyond that already incurred by the termination date.
41. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall
not acquire any interest,which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
42. CODE OF ETHICS
The COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
43. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR
EMPLOYEES
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Monroe County Ordinance No. 0 10.-1990 or any County officer or employee in violation
of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the COUNTY may, in its discretion, terminate this contract without liability and
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may also, in its discretion, deduct from the contract or purchase price, or otherwise recover
the full amount of any fee,commission, percentage,gift,or consideration paid to the former
County officer or employee.
44. AGREEMENTS WITH SLJBCONTRACTORS
In the event that the CONTRACTOR subcontracts any or all of its obligations under this
Agreement to any third party, the CONTRACTOR specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required hereunder. In
addition, the CONTRACTOR specifically agrees that all agreements or contracts of any
nature with its subcontractors shall require such subcontractors to name the COUNTY as
an additional insured.
45. E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the
CONTRACTOR and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the CONTRACTOR during the term of the Contract
and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E.-Verify system to verify the work authorization of all new employees hired by the
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.
46. FEDERAL CONTRACLR�911REMENTS
,The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as
set forth in 2 CTR. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200,
as amended, including but not limited to:
46.1. Davis-Bacon Act as amended 0 U.S.C. 3141-3148J.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program, all prime construction contracts in excess of $2,000
awarded by non.-Federal entities must comply with the Davis.-Bacon Act (40 U SC
§§3 141-3 144, and §§3 146-3 148)as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. If applicable,the COUNTY must
place a current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which will be attached hereto as Attachment B and made a part
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hereof. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage deten-nination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program (it does not apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program), the contractors, in
contracts for construction or repair work above $2,000 in situations where the Davis.-Bacon
also applies,must also comply with the Copeland"anti.-Kickback"act(40 U.S.C. § 3145),
as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). As required by the Act, each contractor or subrecipient
is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he
or she is otherwise entitled. The COUNTY must report all suspected or reported violations
to the Federal awarding agency.
(1) Contractor. The contractor shall comply with U.S.C. § 3145, and the
requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor shall insert in any subcontracts related to this
Agreement the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 CTR. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees engaged
in work covered by the Copeland Anti.-Kickback Act and the Davis Bacon Act during the
preceding weekly payroll period. The report shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building or work.
46.2. Contract Work Hours and Safety Standards Act (40 U.SC §§3701.-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.SC§§ 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.SC §3702 of the Act, each
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contractor must compute the wages of every mechanic and laborer on the basis of a
standard workweek of 40 hours. Work in excess of the standard workweek is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the workweek. The
requirements of 40 U SC 3704 are applicable to construction work and provide that no
laborer or mechanic 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) Overlime requirement�. 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) Violcilion; licibililyfbr unpcii(I wages; liqui(lcile(](Jcimages. In the event of
any violation of the clause set forth in paragraph (b)(I) of 29 CTR. §5.5,
the Contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (b)(I) of
29 CTR. §5.5, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph (b)(I) of this section.
(3) Wilhhoklingfi)r unpai(]wages ati(iliqiii(i cite(](Icinici�,,e,s. 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 contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in paragraph
(b)(2) of this section.
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(4) Subconlrcic& The contractor or subcontractor shall insert in any
subcontracts related to this Agreement the clauses set forth in 29 CTR.
§5.5, paragraphs (b)(1) through (4), and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (I
through (4) of this section.
46.3. - If the F ederal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
46.4. Clean Air Act ter Pollution Control
Contractor agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended (42 U S.C. §§7401.-7671q) and the Federal Water Pollution Control Act, as
amended (33 U S.C. §§125 1.- 1387) and will report violations to FEMA/Federal Agency
and the appropriate Regional Office of the Environmental Protection Agency (EPA). The
Clean Air Act (42 U S.C. §§7401.- 7671q.) and the Federal Water Pollution Control Act
(33 U S.C. §§125 1-1387), as amended, applies to Contracts and subgrants of amounts in
excess of $150,000. The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA/Federal agency. The Contractor agrees to report each violation to the
COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation
as required to assure notification to FEMA/Federal Agency and the appropriate EPA
Regional Office.
46.5. Debarment an A contract under a
"covered transaction" (see 2 CTR. §180.220) must not be made to parties listed on the
government wide exclusions in the System for Award Management(SA ), in accordance
with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3
C.F.R. part 1986 Comp., P. 189) and 12689 (3 C.F.R. part 1989 Comp., P. 235),
"Deban-nent and Suspension" and the Department of Homeland Security's regulations at 2
C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SA M Exclusions contain
the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549. SAM exclusions can be accessed at www,sam,ggy. CONTRACTOR is
required to verify that none of the CONTRACTOR'S principals (defined at 2 CTR.
§180.935) or its affiliates (defined at 2 CTR. §180.905) are excluded (defined at 2 CTR.
§180.940) or disqualified (defined at 2 CTR. §180.935). The CONTRACTOR must
comply with 2 CTR. pt. 180, subpart C and 2 CTR. pt. 3000, subpart C, and must include
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a requirement to comply with these regulations in any lower tier covered transaction it
enters into. This certification is a material representation of fact relied upon by the
COUNTY. If it is later determined that the CONTRACTOR did not comply with 2 CTR.
pt. 180, subpart C and 2 CTR. pt. 3000, subpart C, in addition to remedies available to the
COUNTY, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. Bidders or Proposers agree to comply with the
requirements of 2 CTR. pt. 180, subpart C and 2 CTR. pt. 3000, subpart C while this
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.
46.6. Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 USC § 1352. Each tier must also disclose any lobbying with non.-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,000.00, the required
certification must be signed and submitted by the CONTRACTOR to the COUNTY.
46.7. LConipliance with Procurement of Recovered Materials as set forth in 2 L.F.R._§
203.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal
Act, as amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CTR Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste
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 be acquired -----
(1) Competitively within a timeframe providing for compliance with the contract
performance schedule-,
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
Information about this requirement, along with the list of EPA.-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
https://www.epa.gov/smm/comprehensive.-procurement.-guideline.-cpg.-program. The
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CONTRACTOR also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
46.8. Prohibition on Certain Telecommunications and Video Surveillance Services or
L�guipment as set forth in 2 C.F.R._§.200.216. Recipients and subrecipients and their
contractors and subcontractors may not obligate or expend any federal funds to(1)Procure
or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract
(or extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or DahuaTechnology Company (or any subsidiary
or affiliate of such entities).
(i i) Tel ecommun i cations or video surveillance services provided by such
entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with
the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered
foreign country.
46.9. Domestic Preference for Procurements as set forth in 2 f,.F.R._ 200.322. The
LINTY and CONTRACTOR should, to the greatest extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
"Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in
the United States. "Manufactured products" means items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum; plastics and
polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
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46.10. Americans with Disabilities Act of 1922,jas�ame�n.ded �AQA Ada 'The CONTRACTOR will
comply with all the requirements as imposed by the AD A, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
46.11. Disadvantaged Business Lnterprise DBE Polic and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this agreement. 'The COUNTY and its CONTRACTOR
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 CTR. § 200.321(as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. 'The COUNTY and the CONTRACTOR
and subcontractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of contracts, entered pursuant to this Agreement.
2 CTR. § 200.321 CONTRACTING WITH SMALL AND MINORI'TY BUSINESSES,
WOMI--,N'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 CTR. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever .ossible.
B. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists-,
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources-,
(3) Dividing total requirements, when econo!nj a� y feas�kr�e, into smaller tasks
or quantities to pen-nit maximum participation by small and minority
businesses, and women's business enterprises-,
(4) Establishing delivery schedules, where the which
encourage participation by small and minority businesses, and women's
business enterprises-,
(5) Using the services and assistance, �s�a.ro�riate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (I) through (5) of this section.
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OTHER FEDERAL AND/OR FL� MA RE_QUIREMENTS (as applicable)
46.12. Access to Records. CONTRACTOR and its successors, transferees, assignees, and
contractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security (DHS) and the Federal Emergency Management
Agency's (FEMA) access to records, accounts, documents, information, facilities, and
staff. Contractors/Consultants must: (I) Cooperate with any compliance review or
complaint investigation conducted by DHS; (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 DHS regulations and other applicable laws
or program guidance; (3) Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the reports.
46.13. MIS Seal L000 and Flaus. CONTRACTOR shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency
officials without specific FEMA pre-approval. The CONTRACTOR shall include this
provision in any subcontracts.
46.14. Chances to Contract. The CONTRACTOR understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement must
be within the scope of any Federal grant or cooperative agreement that may fund this
Agreement and be reasonable for the completion of performance hereunder. Any contract
change or modification, change order or constructive change must be approved in writing
by both the COUNTY and CONTRACTOR.
46.15. Co n In with Federal L R a�w eau on.s latian.d.F�.xecutive O.rders. This is an
I M L-0
acknowledgement that FEMA financial assistance may be used to fund all or a portion of
the contract. The CONTRACTOR will comply with all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
46.16. No Oblioation 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.
46.17. Pr oar am Fraud and False or Fraudulent Statements or Related Acts. The
CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this
contract.
46.18. If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the CONTRACTOR will be bound by the terms and conditions of any applicable
Federal ly.-F un ded Sub.-Award and Grant Agreement between the COUNTY and the
Florida Division of Emergency Management(Division).
46.19. If applicable, the CONTRACTOR shall hold the Division and COUNTY harmless against
all claims of whatever nature arising out of the CONTRACTOR'S performance of work
under this Agreement, to the extent allowed and required by law.
27
32524945v.1
65
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
46.20 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
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
employment eligibility of all new employees hired by the subcontractor during the Contract
term.
47. LJNCONTROLLABLE CIRCLJMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such
Party's control, without such Party's fault or negligence and that by its nature could not
have been foreseen by such Party or, if it could have been foreseen, was unavoidable,
including: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane
or other declared emergency - (c)war, invasion,hostilities(whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work as required hereunder;(each, a "Uncontrollable
Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by CONTRACTOR under this Section.
CONTRACTOR shall give COUNTY written notice within 7 days of any event or
circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the
anticipated duration 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 Amendment for such
reasonable time as the COUNTY'S Representative may determine.
48. ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby. Any amendment
to this Agreement shall be in writing, approved by the Board of County Commissioners,
and signed by both parties before it becomes effective.
49. FINAL LJNDERSTANDING
This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whetherwritten or oral This Agreement cannot be modified
or replaced except by another written agreement, signed by the parties hereto.
28
32524945v.1
66
IN WITNESS WHEREOF, (,,(.)I.)N'I'Y and CONTRAC"'FOR fiereto have exceuted lhis
on 11'se day and year first wow r�tteil above in, one (I) counterparl, each of which shaH,
ni r accounting ftbr other counterparls, tv deamd an o6ghul conivact,
BOARD OF COUNTY COMMISSIONF�"Rs
011' MONROECOLYNTA", FLORAFM
le
By: -( By:
Dq.)ut), (AtA a N
T),,,#te., Noveint,�lit:r 2022
Moto=Coug"ATT~'lFj OFf=
DA
Mlkine,iws Rx COVFRACTOR.� C."ONTRACTOR
BY: -'
ignature of peir.sonsaulhorized to legally
...........
Signature blind ("ONTRAC'I"OR
I
10/4,/2022 p 9:210 AM PDAlbert Vasquez Ben Poch Pire 51 dent
...........................
IA"o Print Name Print Name and Tide
&44A 6010 L-as Coliir�as R[A. E 0 910 0
............... .........-.............................. Ad(.lrcss. ___ __— . - —1--l—11-11——1.�
Sigllaftirle IrOng, Tx 7503,9
.........................................................
10/4/12022 Ml AM PD ,tchael tarxhum
Date! pillinit N."Ifne
J,01412022 �� 9AS ANI PIDT
Date
9
;252494!,'ov
67
DocuSign Envelope ID: 172C8076-9CE1-428A-AF57-8941 B7F2E57F
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and year first written above in one (I) counterpart, each of which shall,
without proof or accounting for other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest: KEVIN MADOK., CLERK.
By: ........................................................................... By: ...........................................................................
As Deputy Clerk Mayor
Date: --November_15, 2022
MONM�E COUNTY ATTORNEV'S OFME
P ED TOf 081A
PA11;0A EMU$
AS&STA
!=T C, Y ATTORNEY
2
Witnesses for CONTRACTOR: CONTRACTOR:
ROLTK A FFTFC14NOLOGIES, LLC
By: _ bUA, Pb - -------------------------------------------
guluf Vxs � ----------------------------------------------- Signature of persons authorized to legally
Signature bind CONTRACTOR
101412022 1 9:20 AM PD-Albert vasquez Ben Poch President
------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------
T'%-4- Print Name Print Name and Title
ro *jAA41 Address: 600 Las colinaS Blvd. E #900
------------------------------------------ --------------------------------------------------------------------
Signature Irving, TX 75039
--------------------------------------------------------------------------------------
101412022 1 9:21 AM FID-kachael Landman 318--218--6888
-------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------
Date Print Name Telephone Number
101412022 1 9:08 AM PDT
-------------------------------------------------------------------------------------
Date
29
32524945v.1
68
DocuSign EnvOope R 172('81OP-3 94-11-1-428A Alf-57-8914 IB7F2E57F
ATTACHMENTS
69
ATTACHMENT
A
70
PUBLIC EN�TITY CRI�ME STATEMENT
"A person or affiliate who has,been placed on the convicted vendor list following a conviction for
public entity,crime may not submit a bid,proposal, or reply on a contract to provide any goods or
services to a public entity, may not subm,it a bids, proposal, or reply on a contract with, a, public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform, work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity,and may not transact
business with any public entity in excess of the threshold amount provided in Section 28:7.017,
Florida Statute, for CATEGORY TWO,for a period of 36 months from the date of being placed on
the convicted vendor list,"'
I have reed the above and state that neither P-1P1LLj4A4,L LI-C
'o- (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
Date;
STATE OF:
CEO,UN TY
Subscribed and sworn to (or affirm!ed) before me, by means of 0 physicals presence or 0 online
:)0),
notarization, on by
(name of affiant), He/She is l2ersonally known to
me or has, produced (type of identification)
as identification,
micholle Rao
My(-0MMjj$$jVM rtAPIMS
140tory JC) 12011224 My Commission Expires: C-1
71
NON-COLLUSION AFFIDAVIT
I,- 'amy 6WISAY—of the city of-,-,, according to law on my
oath, and under penalty of perjury, depose ands say that
a. I am P oc FsjVAMCC of the firm of
PA4KA,m. the bidder making the
. ......... jjr,
Proposal for the project described in,the bequest for Proposals for
t4 W04f COUNTIf and that ll executed the said
proposal with,fulll authority to do so;
b, the prices in,this bid have been, armed at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition,, as to any matter,relating to,such prices with any other bidder or with
any competitor,
C. unless otherwise required by liaw, the prices which:have been, quoted in this bid
have not been Ikniowinigly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, d irectly o r 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 Ibid for the purpose
of reMricting competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the trii le to ruts containedi in
thiis,affidavit in awarding contracts for said praoj
m
_7
(Signat
Date: 4 4)WI
STATE OF: Q_
COUNTY OF: 7:D
Subscribed and sworn to (or affirmed) before me, by means of j2rphysical presence or 0 online
notarization, on j (date) by u t .A kL'01 z" , --(name
N
of Want). H-e/She is personally known to me or has produced (type
of identification)as identification.
NOTARY
Jennil Micholhe" "10
Razo
My CommiSsIo Expires
9151202S MyCornmission Expires,$0 112011226
72
N_C3BBYIiNC AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT U NDER ORDINANCE LINO. 010.1
MONROEtOUNTY, FLORIDA
ETHICS CLAUSE
a
r^-warrants, that heAt has, not erniplra ed, retained' or otherwise ise had act on, hirer behalf any
former County off'ieer or employee yee in viotartien of Section 2, olf Ordinance No., 0 10-1 90 or any
C oeunity officer or employee in violation of Section 3 of Ordinance No. 010-1990, For breach or
violation of this prevision the County may, in its discretion,, terminate this Agreement without
liability and may also, in its discretion,deduct frerrr the Agreement or purchase,price,or otherwise
recover, the full arnount of any fee, ommiaai rn, per entage,19` r consideration paid i to the
former County officer r employee." �,
d
�igi
Date,
STATE OF:
COUNTY OF:
Subscribed i and awem to(or affirmed) before me, by means of p-hysical presence or 0 online
notarization,,n, on
(date) by,,. .. " w f affiant). He/She is
er
...aorrall known to me or has produced � (type of
identification) as identification,
o
ZaL-
r rl« r UBLIC
10 112011226
Iw'�CT
M.r a ^F.h Y
73
DRUGI-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,.087 hereby certifies that:
94d4�AW
(Name of Business)
Publish a -statement notifying,employees that the unlawful manufacture, distribution,
dispensing, posses iofr,'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,
prohibitign.
Inform'employees,about the dangers of:drug abuse in the workplace, the business' poll icy
of maintaining, a drug-free workplace,, any available drug counseling, rehabilitation, and
employee assistance programs, and,.the,penalties that may be imipos,ed upon employees,
for drug abuse violationis.
3, Give each, employee engaged) in providing the, commodities or contractual services that
are under bid a copy of the statement specified in,subsection (1).
4. In the statement specified in subsection (1), notify the, employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee wiilll
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of: guilty or nolo contendere to, any violation of Chapter 893 (Fliorida Statutes) or of
any controlled substance law of the United States,or any state, for a violation occurring in
the workplace no later than,five(5 days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in,a drug abuse assistance
or rehabilitation program if such is, available in the employee's community,, or any
employee who is so convicted.
6, Make a good faith, effort to continuie to maintain a d'iruig-free workplace through,
implementation,of this section.
As,the person authorized to sign,the statemient, I certify that is,fir cornpjla&lut�with the above
requirements. 0//
le g r
Date:
STATE OF: V-e X(k
COUNTY OP
Subscribed and sworn,to or affirmed) before mie, by means of o-p'hysical presence or 0 online
notanization,on
-E�l—Y I-D Q —(date)
'-�, C A NrK, (name of affiant). 'He/She is pe rkpppl!y known to
me or has pirodu &,.,—, (type of: identification), as
identification. ,OTAf,Y .L,
911512026
janni Michelle Razo
My Comiroission Expp
ires, My Commission Expires:
Njgwy ID 12011226
74
Project D ription( )..._ .
;
Respondent Vendor Name: WAL 1"WROIAt �«
Vendor FIN: �.
Vendor's Authorized Representative Name andTitle-..,_ 1 _ Y
Address: _ ._.�_ __.
Crt�y: . State: i,p°
Phone Number: . q
Email address: t �__
Section 287,1 , 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 aiif, at the time of contracting or
renewal, the company is on the:Scrutinized Companies that Boycott Israel List, created pursuant to Section
215A725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287,135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for,run entering,into urn renewing a contract fuor
goods or services of$1,000,000,or more,that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s.215.473,Florida Statutes,or its engaged in business operations in Cuba orS rita.
As the person authorized to sign on, behalf of Respondent, I hereby certify that the company identified
above in the Section,entitled "Respondent Vendor Marne"' is not listed on the Scruatini7ed Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,0010or more is not listed oil
either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector,List,or engaged in business operations in Cuba or Syria,
I understand that pursuant to Section,287.135,Florida Statutes,, the submission of a false certification nn y
subject company to civil penalties,attorney's fees, and/or casts. I further understand that any contract with
the County may be terminated, at the option of the County, if the: company is found to have submitted a.
false certification,or has been placed on,the Scrutinized Companies that Boycott Israel List or,engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized.
Companies with Activities in,the Iran Petroleum Energy Sector List or been,engaged in,business operations
in Cuba or S ria.
Certified, By: 1 , who,is authorized
to sign on behalf of the above mpany.
Authorized Signature-.---
ignature_— °' If
Print'Marne: 1 't���urt ��
itle:
I^ote:'Ibe List are available at the following Department of Management Services Site,
htil)://www.diiis.myflorida,c un/buusines �+;� "tut:la.0 at. ,lat ....,1�ttr �h. �ltb��t.ttd.ter..mmttu d ut�ttt un�.curunvn,ctu l�sua
punwu d dly wnuannntl L r w pwmnn rl wrlll� vendor lwwiylww
75
APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING
(To be, submitted with each ibid or offer exceeding$100,000)
Certification for Contracts,Graints, moans, and Cooperative Agreements
The,undersigned certifies, to,the best of his or her knowledge and beliief, that.
I, No Federal appropriated funds have been paid or will be paiid, by or on behalf of the
undersigned, to any person for influencing or attempting, to influence an officer or
employee of an agency„ a Miemberof Congress,an officer or employee of Congress,or an
employee olf a IMernber of Congress in connection with the awarding of any Federal
contract,, the making of any Federal ,rant, the miakinig of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal;, contract, grant, loan, or cooperative
agreement.
1 If any funds other than Federal) appropriated funds have been paid or will
be paid to any person for influencing or attempting to!influence an officer or ernployee
of any agency, a,Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreernent, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
1 The undersigned shall require that the language of this certification be
included in the award documients for all subawairds at all tiers (including subcontracts,
subgrants, and contracts uinder grants, loans,and cooperative agreements): and)that all
subrecipients shall certify and disclose accordingly.This certification is a material
representation of fact upon which reliance was placed when this transaction wa,s made
or entered into. Submission of this certification is a Prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U,5. Code, Any person who fails
to file the required certification shall be subject to a civil,penalty of not less than
$10,000 and not more than $1001,000 for each such failure.
The Contractor, (40*AU, If rf i Pies or affirms t h e truthfulness and
�014
accuracy of each statement of its certification and disclosure, if any, in, addition,
the Contractor understands and agrees,that the provisions of 31 U.S.C. Chap, 38,
AdministrativePo6i'edit for Fal iims and Statements, apply to this,certification and
disclosure, i ny.
sirdxt(rAf contractor"s ALKhorized Official
Name and Title of Contractor's Authorized Official 4a t,
76
DISCLOSURE OFLOBBI-MG ACTrVITMS
C:!,,ILETETH I 16FO" ': "ODDS CL0,1j1 VUYINQ A°'MM, TO,L V�C 65.'
1, Typt of Federml Actiow Stritut of Federil Action", 3, Rapart T7pa..
a; Coutratif ai bd1off l am e 4ppic m 3� a mmll
bi pant El b imual ward b matena],clw4e
C Coqffatm at 1, c post-award
d tom For ustorisd arm Only:
e low pamwee Year— quin"
f )OADwswux e data Of%—$t Mon
4. Nuw smdA41dress (Reporting Entity S. If RfPsThug,rub su 4 is bmirard",
=0
Eater No I 1 dross of P'dwtw
L—J Pmt
TUC- if kon
CasVesstass!Distrkk Jf knam Co"'Mamw ftbild"if Imomm
Ftd",Pr*Mm Nsm&Z*str4vhom:
CrSA Numbe,if vptuable
Fednal Action Numbm if known: 9. Awad AM=k if ham
10, s. None ate gees c1L*bby Entity b. Indk4ftals ftriblve"Stn*o,s (mcluft;
(If mdm, 'ftw.Iml ama"am, Aawt bm &W"s if&Mwvm fmim No. 10 a)
(U st a fm name ?41
(amb,Camwom Sk*Ws)if mmuoy)
11. Am*Wofpsy=",t!(Cbttk*UOWIpplm 11. T)p of ftywiftl(Cb*Ck All tho sp*)
amw pliumed a mad"
b. out-tawf"
12, rum dp"st(dwk tat at any). C� CODAW Won
& CASh & =Mgm fee
V" f, o6m SpKify
Of UWUk*1,j5)C0UtKt#d,for PMVM&at kAC*(#4 J*tt#M It:
(Anub Gmmmabm Sbm(t),if Dom"")
W Cutim"bas SUVI(S)shathe& Yes, No
Id. raa nq*Kud*vr,ths bas u ubamud by
is
prim NAM
pAram!to 31 UIC M2 11ti is x6 uffi be,
ff"wd,4a CmWsw t*mbmvu"ate away,wM ba ar&O"(97
out umb bftw, Wesix"l;0 M V,
Awhmugd fn Local R43od=bw
Federal U"0&-_, smudInd Form-I'LL
2-6c PART 2XWM 77
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient.at the initiation or receipt of
covered Federal action ora material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency.a Member of Congress an officer oremployee of Congress or an employee of a Member of Congress in connection withacovered
Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional in formation.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome
of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last.
previously submitted report by this reporting entity for this covered Federal action
4. Enter the fail name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is orexpects lobe a prime or subaward recipient. Identify
the tier of the subawardee,e.g.,the first subawardeeof the prime is the first tier. Subawards include but are not limited to
subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address.city,state and zip code of
the prime Federal recipient. Include Congressional District,ifknown.
6. Enter the name of the Federal agency making the award or loan commitment, Include at least one organization level below
agency name,if known. Forexample.Department of Transportation,United States Coast Guard,
7, Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the hill Catalog of
Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g.. Request for
Proposal(RFP)number.Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.. "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitmments for the primeentity identified in item 4 or 5.
10. (a)Enter the full name.address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to
influenced thecovered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last
Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity
(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this
is a material change report.enter thecumulativeamount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature
and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal
officials. Iden lify the Federal officer(s)ore niployce(s)con iacted or the of ficer(s)employee(s)or Member(s) ofCongressthat
were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information isestimated to average 30 minutes per response.including time for reviewing
instruction.searching existing data sources.gathering and maintaining the data needed and completing and reviewing the collectionof
information. Send commen is regarding the burden esl i male or any other aspect of this col leciion of in formaiion. including suggestions for
reducing this burden.to the Office of Management and Budget.Paperwork Reduction Project
(0348-0046).Washington,D.C.20503. SF-LLL-Instruct ions Rev.06.04,
90,,ENDIFu
2-6d PART 21COUNTY
78
ATTACHMENT
B
79
VV22,2:45 PM SAM.gov
"REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor WAGE AND HOUR DIVISION
WASHINGTON D.C. 20210
Wage Determination No. : 2015-4583
Daniel W. Simms Division of Revision No. : 21
Director Wage Determinations Date Of Last Revision: 06/27/2022
1
Note: Contracts subject to the Service Contract Act are generally required to
pay at least the applicable minimum wage rate required under Executive Order
14026 or Executive Order 136S8.
JIf the contract is entered into on or lWith certain exceptions Executive Order
lafter January 30 2022 or the 114026 applies to the contract.
contract is renewed or extended (e.g. IThe contractor must pay all covered workers
Ian option is exercised) on or after lat least $15.00 per hour (or the applicable
13anuary 30 2022: Iwage rate listed on this wage determination]
I lif it is higher) for all hours spent
1performing on the contract in 2022.
1
JIf the contract is entered into on or lWith certain exceptions Executive Order
lafter January 30 2022 or the 1136S8 applies to the contract.
12022 and the contract is not renewed ]The contractor must pay all covered workers
for extended on or after January 30 lat least $11.25 per hour (or the applicable I
12022: (wage rate listed on this wage determination]
lif it is higher) for all hours spent I
1performing on the contract in 2022. 1
The applicable Executive Order minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the Executive Orders
is available at https://www.dol.gov/agencies/whd/government-contracts.
State: Florida
Area: Florida County of Monroe
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 16.16
01012 - Accounting Clerk II 18.14
01013 - Accounting Clerk III 20.29
01020 - Administrative Assistant 22.7S
01035 - Court Reporter 19.64
01041 - Customer Service Representative I 14.83***
01042 - Customer Service Representative II 16.19
01043 - Customer Service Representative III 18.17
01051 - Data Entry Operator I 14.30***
01052 - Data Entry Operator II 1S.60
01060 - Dispatcher Motor Vehicle 17.80
01070 - Document Preparation Clerk 15.65
01090 - Duplicating Machine Operator 15.65
01111 - General Clerk I 14.24***
01112 - General Clerk II 15.S4
01113 - General Clerk III 17.44
https://sam.govtwage-determination/2015-4583/21 80
8+°112,2-45 PM SAPAgov
01120 - Housing Referral Assistant 21.90
01141 - Messenger Courier 14.04***
01191 - Order Clerk 1 16.02
01192 - Order Clerk II 17.48
01261 - Personnel Assistant (Employment) I 17.56
01262 - Personnel Assistant (Employment) II 19.64
01263 - Personnel Assistant (Employment) III 21.90
01270 - Production Control Clerk 23.97
01290 - Rental Clerk 17.54
01300 - Scheduler Maintenance 17.56
01311 - Secretary I 17.56
01312 - Secretary II 19.64
01313 - Secretary III 21.90
01320 - Service Order Dispatcher 15.91
01410 - Supply Technician 23.21
01420 - Survey Worker 19.23
01460 - Switchboard Operator/Receptionist 14.88***
01531 - Travel Clerk I 13.34***
01532 - Travel Clerk II 14.15***
01533 - Travel Clerk III 14.84***
01611 - Word Processor I 15.00
01612 - Word Processor II 16.84
01613 - Word Processor III 18.83
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer Fiberglass 18.49
05010 - Automotive Electrician 18.32
05040 - Automotive Glass Installer 27.14
05070 - Automotive Worker 17.14
05110 - Mobile Equipment Servicer 14.58***
05130 - Motor Equipment Metal Mechanic 19.57
05160 - Motor Equipment Metal Worker 17.14
05190 - Motor Vehicle Mechanic 19.57
05220 - Motor Vehicle Mechanic Helper 13.27***
05250 - Motor Vehicle Upholstery Worker 15.89
05280 - Motor Vehicle Wrecker 17.14
05310 - Painter Automotive 18.32
05340 - Radiator Repair Specialist 17.14
05370 - Tire Repairer 14.58***
05400 - Transmission Repair Specialist 19.57
07000 - Food Preparation And Service Occupations
07010 - Baker 14.27***
07041 - Cook I 12.87***
07042 - Cook II 15.14
07070 - Dishwasher 11.89***
07130 - Food Service Worker 13.52***
07210 - Meat Cutter 20.06
07260 - Waiter/Waitress 11.40***
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 21.53
09040 - Furniture Handler 12.53***
09080 - Furniture Refinisher 21.53
09090 - Furniture Refinisher Helper 15.60
09110 - Furniture Repairer Minor 18.67
09130 - Upholsterer 21.53
11000 - General Services And Support Occupations
11030 - Cleaner Vehicles 14.05***
11060 - Elevator Operator 13.33***
11090 - Gardener 21.26
11122 - Housekeeping Aide 13.33***
11150 - Janitor 13.33***
11210 - Laborer Grounds Maintenance 15.54
11240 - Maid or Houseman 13.33***
11260 - Pruner 13.59***
11270 - Tractor Operator 19.37
11330 - Trail Maintenance Worker 15.54
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11360 - Window Cleaner 15.25
12000 -- Health Occupations
12010 - Ambulance Driver 19.38
12011 - Breath Alcohol Technician 20.18
12012 - Certified Occupational Therapist Assistant 33.19
12015 - Certified Physical Therapist Assistant 34.23
12020 - Dental Assistant 21.42
12025 - Dental Hygienist 39.12
12030 - EKG Technician 30.59
12035 - Electroneurodiagnostic Technologist 30.59
12040 - Emergency Medical Technician 19.38
12071 - Licensed Practical Nurse I 18.04
12072 - Licensed Practical Nurse II 20.18
12073 - Licensed Practical Nurse III 22.50
12100 - Medical Assistant 17.19
12130 - Medical Laboratory Technician 26.20
12160 - Medical Record Clerk 16.28
12190 - Medical Record Technician 19.56
12195 - Medical Transcriptionist 18.04
12210 - Nuclear Medicine Technologist 44.36
12221 - Nursing Assistant I 12.73***
12222 - Nursing Assistant II 14.30***
12223 - Nursing Assistant III 15.61
12224 - Nursing Assistant IV 17.52
12235 - Optical Dispenser 20.18
12236 - Optical Technician 18.04
12250 - Pharmacy Technician 17.48
12280 - Phlebotomist 17.48
12305 - Radiologic Technologist 30.59
12311 - Registered Nurse I 26.32
12312 - Registered Nurse II 29.92
12313 - Registered Nurse II Specialist 29.92
12314 - Registered Nurse III 36.61
12315 - Registered Nurse III Anesthetist 36.61
12316 - Registered Nurse IV 43.39
12317 - Scheduler (Drug and Alcohol Testing) 25.01
12320 - Substance Abuse Treatment Counselor 23.73
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 21.04
13012 - Exhibits Specialist II 26.07
13013 - Exhibits Specialist III 31.89
13041 - Illustrator I 21.04
13042 - Illustrator II 26.07
13043 - Illustrator III 31.89
13047 - Librarian 31.86
13050 Library Aide/Clerk 16.76
13054 - Library Information Technology Systems 26.99
Administrator
13058 Library Technician 18.87
13061 - Media Specialist I 18.81
13062 - Media Specialist II 21.04
13063 - Media Specialist III 23.46
13071 - Photographer I 18.56
13072 - Photographer II 20.76
13073 - Photographer III 25.72
13074 - Photographer IV 31.46
13075 - Photographer V 38.06
13090 - Technical Order Library Clerk 21.04
13110 - Video Teleconference Technician 22.48
14000 - Information Technology Occupations
14041 - Computer Operator I 18.05
14042 - Computer Operator II 20.20
14043 - Computer Operator III 22.52
14044 - Computer Operator IV 25.03
14045 - Computer Operator V 27.71
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14071 ,,, Computer Programmer I (See 1) 22..94
14072 momputer Programmer II (see 1)
14073 Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 18.05
14160 - Personal Computer Support Technician 25.03
14170 - System Support Specialist 27.71
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 31.69
15020 - Aircrew Training Devices Instructor (Rated) 38.33
15030 - Air Crew Training Devices Instructor (Pilot) 45.96
15050 - Computer Based Training Specialist / Instructor 31.69
15060 - Educational Technologist 26.06
15070 - Flight Instructor (Pilot) 45.96
15080 - Graphic Artist 25.96
15085 - Maintenance Test Pilot Fixed let/Prop 45.96
15086 - Maintenance Test Pilot Rotary Wing 45.96
15088 - Non-Maintenance Test/Co-Pilot 45.96
15090 - Technical Instructor 21.38
15095 - Technical Instructor/Course Developer 26.16
15110 - Test Proctor 17.26
15120 - Tutor 17.26
16000 - Laundry Dry-Cleaning Pressing And Related Occupations
16010 - Assembler 11.83***
16030 - Counter Attendant 11.83***
16040 - Dry Cleaner 14.44***
16070 - Finisher Flatwork Machine 11.83***
16090 - Presser Hand 11.83***
16110 - Presser Machine Drycleaning 11.83***
16130 - Presser Machine Shirts 11.83***
16160 - Presser Machine Wearing Apparel Laundry 11.83***
16190 - Sewing Machine Operator 15.14
16220 - Tailor 15.84
16250 - Washer Machine 12.78***
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 21.53
19040 - Tool And Die Maker 27.14
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 21.68
21030 - Material Coordinator 23.01
21040 - Material Expediter 23.01
21050 - Material Handling Laborer 15.27
21071 - Order Filler 15.57
21080 - Production Line Worker (Food Processing) 21.68
21110 - Shipping Packer 17.80
21130 - Shipping/Receiving Clerk 17.80
21140 - Store Worker I 11.17***
21150 - Stock Clerk 16.68
21210 - Tools And Parts Attendant 21.68
21410 - Warehouse Specialist 21.68
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 32.46
23019 - Aircraft Logs and Records Technician 24.83
23021 - Aircraft Mechanic I 30.58
23022 - Aircraft Mechanic II 32.46
23023 - Aircraft Mechanic III 34.24
23040 - Aircraft Mechanic Helper 20.75
23050 - Aircraft Painter 28.63
23060 - Aircraft Servicer 24.83
23070 - Aircraft Survival Flight Equipment Technician 28.63
23080 - Aircraft Worker 26.79
23091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.79
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23092 Aircrew Life Support Equipment (ALSE) Mechanic 39 SS
II
23110 - Appliance Mechanic 21.53
23120 - Bicycle Repairer 17.13
23125 - table Splicer 30.18
23130 - Carpenter Maintenance 22.51
23140 - Carpet Layer 20.14
23160 - Electrician Maintenance 23.86
23181 - Electronics Technician Maintenance I 21.43
23182 - Electronics Technician Maintenance II 23.32
23183 - Electronics Technician Maintenance III 25.75
23260 - Fabric Worker 18.67
23290 - Fire Alarm System Mechanic 23.14
23310 - Fire Extinguisher Repairer 17.13
23311 - Fuel Distribution System Mechanic 23.73
23312 - Fuel Distribution System Operator 17.69
23370 - General Maintenance Worker 17.92
23380 - Ground Support Equipment Mechanic 30.58
23381 - Ground Support Equipment Servicer 24.83
23382 - Ground Support Equipment Worker 26.79
23391 - Gunsmith I 17.13
23392 - Gunsmith II 20.14
23393 - Gunsmith III 23.00
23410 - Heating Ventilation And Air-Conditioning 22.13
Mechanic
23411 - Heating Ventilation And Air Contidioning 23.49
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 22.42
23440 - Heavy Equipment Operator 18.20
23460 - Instrument Mechanic 23.00
23465 - Laboratory/Shelter Mechanic 21.53
23470 - Laborer 15.27
23510 - Locksmith 21.53
23530 - Machinery Maintenance Mechanic 26.45
23550 - Machinist Maintenance 23.00
23580 - Maintenance Trades Helper 15.35
23591 - Metrology Technician I 23.00
23592 - Metrology Technician II 24.41
23593 - Metrology Technician III 25.75
23640 - Millwright 23.00
23710 - Office Appliance Repairer 21.53
23760 - Painter Maintenance 18.06
23790 - Pipefitter Maintenance 22.22
23810 - Plumber Maintenance 21.15
23820 - Pneudraulic Systems Mechanic 23.00
23850 - Rigger 23.00
23870 - Scale Mechanic 20.14
23890 - Sheet-Metal Worker Maintenance 21.57
23910 - Small Engine Mechanic 19.06
23931 - Telecommunications Mechanic I 32.12
23932 - Telecommunications Mechanic II 34.09
23950 - Telephone Lineman 22.23
23960 - Welder Combination Maintenance 22.26
23965 - Well Driller 23.00
23970 - Woodcraft Worker 23.00
23980 - Woodworker 17.13
24000 - Personal Needs Occupations
24550 - Case Manager 18.28
24570 - Child Care Attendant 11.22***
24580 - Child Care Center Clerk 15.33
24610 - Chore Aide 11.75***
24620 - Family Readiness And Support Services 18.28
Coordinator
24630 - Homemaker 18.28
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25009 - Punt And System Operations Occupations
25010 - Boiler Tender 23.94
25040 - Sewage Plant Operator 23.53
25070 - Stationary Engineer 23.94
25190 - Ventilation Equipment Tender 16.99
25210 - Water Treatment Plant Operator 23.53
27000 - Protective Service Occupations
27004 - Alarm Monitor 20.47
27007 - Baggage Inspector 15.26
27008 - Corrections Officer 25.15
27010 - Court Security Officer 28.50
27030 - Detection Dog Handler 18.11
27040 - Detention Officer 25.15
27070 - Firefighter 26.09
27101 - Guard I 15.26
27102 - Guard II 18.11
27131 - Police Officer I 30.90
27132 - Police Officer II 34.34
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 15.48
28042 - Carnival Equipment Repairer 17.00
28043 - Carnival Worker 10.90***
28210 - Gate Attendant/Gate Tender 16.29
28310 Lifeguard 14.84***
28350 - Park Attendant (Aide) 18.23
28510 - Recreation Aide/Health Facility Attendant 13.30***
28515 - Recreation Specialist 22.58
28630 - Sports Official 14.51***
28690 - Swimming Pool Operator 21.75
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 25.04
29020 - Hatch Tender 25.04
29030 Line Handler 25.04
29041 - Stevedore I 22.95
29042 - Stevedore II 27.14
30000 - Technical Occupations
30010 - Air Traffic Control Specialist Center (HFO) (see 2) 43.96
30011 - Air Traffic Control Specialist Station (HFO) (see 2) 30.31
30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 33.38
30021 - Archeological Technician I 19.44
30022 - Archeological Technician II 21.75
30023 - Archeological Technician III 26.93
30030 - Cartographic Technician 26.93
30040 - Civil Engineering Technician 25.84
30051 - Cryogenic Technician I 29.84
30052 - Cryogenic Technician II 32.95
30061 - Drafter/CAD Operator I 19.44
30062 - Drafter/CAD Operator II 21.75
30063 - Drafter/CAD Operator III 24.25
30064 - Drafter/CAD Operator IV 29.84
30081 - Engineering Technician I 17.93
30082 - Engineering Technician II 21.92
30083 - Engineering Technician III 24.53
30084 - Engineering Technician IV 27.90
30085 - Engineering Technician V 34.13
30086 - Engineering Technician VI 41.29
30090 - Environmental Technician 26.42
30095 - Evidence Control Specialist 26.93
30210 - Laboratory Technician 24.25
30221 - Latent Fingerprint Technician I 29.84
30222 - Latent Fingerprint Technician II 32.95
30240 - Mathematical Technician 26.93
30361 - Paralegal/Legal Assistant I 20.18
30362 - Paralegal/Legal Assistant II 25.00
30363 - Paralegal/Legal Assistant III 30.57
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30364 As,3ista7t IV 36^99
30375 - Petroleum Supply Specialist 32.95
30390 Photo-Qptics Technic'-an 25.86
30395 Radiatici C'ontrol Technician 32.95
30461 ' Technical writer I 26'93
30462 - Technical Writer II 32,95
30463 ' Technical Writer 111 39,87
30491 - Unexploded Ordnance (UXO) Technician I 27,94
30492 - Unexploded Ordnance (UXO) Technician 11 ]].80
30493 - Unexploded Ordnance (UXO) Technician 111 40.51
30494 - Unexploded (QXO) Safety Escort 27'94
30495 - Unexploded (UXO) Sweep Personnel 27.94
30501 - Weather Forecaster I 29.84
30502 - Weather Forecaster II 36.30
30620 - Weather Observer Combined Upper Air Or (see 2) 24.25
Surface Programs
30621 - Weather Observer Senior (see 2) 26,93
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot 33.80
31020 - Bus Aide 12.80***
31030 - Bus Driver 19.08
31043 - Driver Courier 15'95
31260 - Parking and Lot Attendant 11.19***
31290 - Shuttle Bus Driver 17,51
31310 - Taxi Driver 14.67***
31361 - Truchdriwer Light 17.51
31362 - Truchdriwer Medium 19,08
31363 - Truchdriwer Heavy 19.96
31364 - TruchdriwerTractor-Trailer 19'96
99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 16'48
99030 - Cashier 11.74***
99050 - Desk Clerk 13.58***
99095 - Embalmer 27.94
99130 - Flight Follower 27.94
99251 - Laboratory Animal Caretaker % 16,05
99252 - Laboratory Animal Caretaker 11 17,61
99260 - Marketing Analyst 27.84
99310 - Mortician 27'94
99410 - Pest Controller 19,24
99510 - Photofinishing Worker 14,68***
99710 - Recycling Laborer 20'78
99711 - Recycling Specialist 25,89
99730 - Refuse Collector 18'16
99810 - Sales Clerk 13'62***
99820 - School Crossing Guard 15'29
99830 - Survey Party Chief 21.02
99831 - Surveying Aide 11.45***
99832 - Surveying Technician 18.76
99840 - Vending Machine Attendant 18'48
99841 - Vending Machine Repairer 23'86
99842 - Vending Machine Repairer Helper 10.40
***Workers in this classification may be entitled to a higher minimum wage under
Executive Order 14026 ($15'00 per hour) or 13658 ($11.25 per hour)' Please see the
Note at the top of the wage determination for more information' Please also note
that the minimum wage requirements of Executive Order 14026 and 13658 are not
currently being enforced as to contracts or contract-like instruments entered into
with the federal government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on federal lands.
86
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16"ontractors applies ,.o contract-'s. S.Object to Service Contract Act For �.,,fjicl
«he contract i war s aded �a n d a n y Solicitation apy .`ssi,,ed) on or -2fter )arvary 1
2017. If: this contract -i's cov�,red by the EO the contractor must pro%d,ide er,,,-,ployees
with I hirilur of paid sick leave for every 30 hours they work up to 5,6 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 c�aire; to,
assist a family, member (or person who is like family to the employee) who is ill
injured or has other health-related need's including preventive care; or for
reasons resulting from or to assist a family member (or person who is, like family
to the employee) who is the victim of domestic violence sexual assault or
stalking. Additional information on contractor requirements, and worker protections
under the FO is available at www.dol.gov/w-hd`/'govcontraicts.,
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH Ni WELFARE: $4.80 per hour up to 40 hours per week or $1912.00 per week or
$832.010 per month
HEALTH & WELFARE EO 137016: $4.41 per hour up to 40 Ihours per week or $176.40 per
week or $,764.40 per month,*
*This rate is, to be used only when compensating employees for performance on an ScA-
covered contract also covered' by EO 13706 Establishing Paid Sick Leaive for Federal
Contractors. A contractor may not receive credit toward' its, SCA obligations for any
paid sick leave provided pursuant to ED 137016.
VACATION: 2 weeks, paid vacation after 1 year of service with a contractor or,
successor; 3 weeks after 5 years 4 weeks after 15 years and 5 weeks after 20 years.,
Length of service incluides the whole span, of conitinuious service with, the present
contractor or successor wherever employed and with the predecessor contractors, in
the performance of similar work at the same Fedleirail facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum, of eleven plaiid hiolidaiy,s per year: New Year's Day Martin
Luther King J:r. "s Birthday Washington's Birthday Memorial Day 3uneteenith
National Independence Day Independence Day Labor Day Columbus Day, Veterans'
Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of
the named holidays another day off with pay in accordance with a plain communicated
to, the employees involved..) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage dleteirminiatioln does not apply to any individual
employed in a bona fide executive administrative or professional capacity as,
defined in 29 C.F:.R, Part 541. (See 41 C.F.R. 6701(3)). Because most Computer
Systems Analysts and, Computer Programmers who are paid at least $27.63 per hour (or
at least $684 per week if paid on a salary or fee basis) likely qualify as exempt
computer professionals, under 29 U.S.C. 213(a)(1) and' 29 U.S.C. 213('ai)1(17) this wage
determination may not include wage rates, for all occupations, within those job
families., In such instances a, conformance will be necessary if there are nionexempt
employees in these job families, working on the contract.
Job titles vary widely and change quickly in the computer industry and are not
determinative of whether an employee is an exempt computer professional. To be
exempt computer employees who, saitisfy the compensation requirements must also have
a primary duty that consists of:
(1) The application of systems analysis techniques and procedures incluiding
consuilting with user's to determine hardware software or system functional
specifications;
(2) The design development documentation analysis creation testing or
modification, of computer systems or programs incluiding, prototypes based on and
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related to or s/steo design specifications;
(3) The ��si1go documentation testing creation or modification of conputer
pro�rams related to machine operatirg systems; or
(4) A combination of the aforementioned duties the performance of which
requires the same level of skills. (29 C.F.R. S41.400).
Any computer employee who meets the applicable compensation requirements and the
above duties test qualifies as an exempt computer professional under both section
13(a)/1\ and section 13(a)(I7) of the Fair Labor Standards Act' (Field Assistance
Bulletin No, 2006-3 (Dec' 14 2006)). Accordingly this wage determination will not
apply to any exempt computer employee regardless of which of these two exemptions is
utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNUAY PAY: If you
work at night as part of a regular tour of duty you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between Gpm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i'e' occasional work on Sunday outside the normal tour of duty is considered
overtime work)'
** HAZARDOUS PAY DIFFERENTIAL �*
An @ percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance explosives and incendiary materials. This includes work such as
screening blending dying mixing and pressing of sensitive ordnance explosives
and pyrotechnic compositions such as lead azide black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization
modification renovation demolition and maintenance operations on sensitive
ordnance explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with or in close proximity to
ordnance (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands face or arms of the
employee engaged in the operation irritation of the skin minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving unloading storage and hauling of ordnance explosive and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance explosives and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract by the employer by the state or
local law etc') the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms' In addition where uniform cleaning and maintenance is made
the responsibility of the employee all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount or the furnishing of contrary
affirmative proof as to the actual cost) reimburse all employees for such cleaning
88
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a:d mairtenamce a ra�,-e of �5.55 per week (or $.67 cec4-s per di}}. -owever in
those instances uhere the Uniforms formlshed are made of ""wish zmd wear""
erI a y be routi n e 1 y wached an dci-_d y±tb other perao-aI -srmerts ocd 6m
nmt require any special treatment such as dry cIeaning, daily uasbing or commerclal
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract by the contractor by law or by the nature of the work
there is no requirement that employees be reimbursed for uniform maintenance costs,
~* SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1)
dated September 2015 unless otherwise indicated,
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard
Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e. the work to
be performed is not performed by any classification listed in the wage
determination) be classified by the contractor so as to provide a reasonable
relationship (i.e. appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 [FR
4,6(6)(2)(i)), Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class(es) of employees
(See 29 CFR 4,6(6)(2)(ii)). The Wage and Hour Division shall make a final
determination of conformed classification wage rate and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract, (See 29 CFR 4.6(6)(2)(v)), When multiple wage determinations are
included in a contract a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award the contractor prepares a written report listing in order
the proposed classification title(s) a Federal grade equivalency (FGE) for each
proposed classification(s) job description(s) and rationale for proposed wage
rate(s) including information regarding the agreement or disagreement of the
authorized representative of the employees involved or where there is no authorized
representative the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action together with the agency's recommendations and pertinent
information including the position of the contractor and the employees to the U.S.
Department of Labor Wage and Hour Division for review (See 29 CFR 4.6(6)(2)(ii)),
4) Within 30 days of receipt the Wage and Hour Division approves modifies or
disapproves the action via transmittal to the agency contracting officer or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the
contractor.
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n format, icn ':-�y e'g u C-1fi: , J� ,A J d i,.,De U bM o I F- 1444 ot, paper',
Wien preparing a conformance request the ""Service Contract Act Directory of
Occupations"" should be usedi to compare job definitions to ensure that duties,
requested are not performed by a claissi,fication already listed in the wage
determinatic ni. Remember it is not the job title but the required tasks that
determine whether a class Is, includedi in an established wa,g,e determination.
Confo,rmances may not be used to artificially split combine or subdivide
classifications listed in the wage determination (See 29 CFR 4.252(c)(1)) ."
h1tos I/sam a oWma&datermi rsefiorV2011 SASSU21 1111190