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Item C03
BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: C3 26-19709 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: N/A STAFF CONTACT: William DeSantis AGENDA ITEM WORDING: Approval of a Ninth Amendment to the Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to add the Monroe County Key Largo Library as an additional Upper Keys location and update certain Federal Provisions. The contract amount is being increased by$2,900 to a new total of$404,675.00. Funding is Ad Valorem and Fines and Forfeitures. ITEM BACKGROUND: On October 20, 2021, the BOCC approved an Agreement with Gary's Plumbing and Fire,Inc. (Gary's) for Full Maintenance Fire Protection Services with an initial one (1) year term commencing on November 1,2021, and terminating on October 31,2022, with an option to renew for four(4)additional one-year periods. This Ninth Amendment seeks approval to add the Key Largo Library to the list of locations and to update the Federal language in the Agreement. PREVIOUS RELEVANT BOCC ACTION: 11/12/2025—BOCC approved an Eighth Amendment to add the Monroe County Sheriff's Firing Range and the Monroe County Emergency Operations Center as additional Middle Keys locations and to add the Clerks Offsite Record Storage as a Lower Keys location retroactive to November 1, 2025. The contract amount was increased by $8,000.00 to $401,775.00. 10/15/2025 - BOCC approved a Seventh Amendment to renew the Agreement for the fourth of four optional one-year renewals and add a CPI-U increase of 2.9%. 10/16/2024-BOCC approved a Sixth Amendment to renew the Agreement for the third of four optional one-year renewals, to provide for a CPI-U increase of 3.4%, and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. 7/17/2024 - BOCC approved a Fifth Amendment to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. 5/15/2024 - BOCC approved a Fourth Amendment increasing the annual agreement amount by $250,000.00 to an annual total contract amount of$393,775.00. 11/8/2023 - BOCC approved a Third Amendment to provide for an annual CPI-U increase of 6.5%, renewed the term for an additional one-year period, modified Upper Keys' locations, and added and/or updated provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation. 9/21/2022- BOCC approved a Second Amendment to increase the contract amount by the CPI-U of 7% and renew the Agreement for the first of four(4) optional one-year renewals. 4/20/2022 - BOCC approved a First Amendment to increase the annual not-to-exceed amount from $70,000.00 to $135,000.00 and to revise the Notice Provision of the Contract to reflect the new address for the Facilities Maintenance Department. 10/20/2021 - BOCC approved an Agreement with Gary's Plumbing and Fire, Inc. for Fire Protection Services in County facilities. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Add the Key Largo Library to the list of locations and update the Federal language in the Agreement. STAFF RECOMMENDATION: Approval DOCUMENTATION: N/A FINANCIAL IMPACT: Effective Date: 5/20/2026 Expiration Date: 10/31/2026 Total Dollar Value of Contract: $404,675.00 Total Cost to County: $404,675.00 Current Year Portion: $404,675.00 Budgeted: Yes Source of Funds: Ad Valorem and Fines and Forfeitures CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A NINTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Ninth Amendment to Agreement is made and entered into this loth day of June 2026, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, ("CONTRACTOR"), the address of which is 6409 2nd Terrace, Suite 1, Key West, Florida 33040 (collectively, the "Parties"). WHEREAS, on October 20, 2021, the Parties entered into an Agreement for Full Maintenance Fire Protection Systems ("Agreement") whereby the Contractor agreed to provide the County with the inspection, testing, maintenance, and repairs as well as assuring that the equipment was in proper operating condition to protect against unpredictable repair expenditures as well as to ensure reliability and efficiency; and WHEREAS,on April 20,2022,the Board of County Commissioners(`BOCC") approved a First Amendment to the Agreement to increase the annual agreement amount by Sixty-Five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred, Thirty-Five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Agreement to provide for an annual CPI-U increase of 7%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Agreement to provide for an annual CPI-U increase of 6.5%, pursuant to the Agreement, to renew the term for an additional one-year period, to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys location, to delete the old Plantation Key Jail location, and to add and/or update provisions to allow for the option of the COUNTY to request from the CONTRACTOR only a proposal/quote for replacement equipment or parts and all associated installation; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to the Agreement to increase the annual agreement amount, due to unanticipated repairs and/or emergency work at various locations,by Two Hundred, Fifty Thousand and 00/100 ($250,000.00) Dollars, from One Hundred, Forty-Three Thousand, Seven Hundred, Seventy-Five and 00/100 ($143,775.00) Dollars to Three Hundred, Ninety-Three Thousand, Seven Hundred, Seventy-Five and 00/100 ($393,775.00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to the Agreement to include Pigeon Key as an additional Middle Keys location in the current contract, and to update and/or add current revisions pursuant to the Monroe County Code of Ordinances and/or Federal required contract provisions; and WHEREAS, on October 16, 2024, the BOCC approved a Sixth Amendment to the Agreement to provide for an annual CPI-U increase of 3.4%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on October 15, 2025, the BOCC approved a Seventh Amendment to the Agreement to provide for an annual CPI-U increase of 2.9%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on November 12, 2025, the BOCC approved an Eighth Amendment to increase the annual agreement amount by Eight Thousand and 00/100 ($8,000.00)Dollars to Four Hundred One Thousand, Seven Hundred Seventy-Five and 00/100 ($401,775.00) Dollars due to additional locations being included in the service; and WHEREAS, the COUNTY desires to include the Key Largo Library as an additional Upper Keys location and increase the annual contract amount by $2,900.00 to $404,675.00; and WHEREAS, the COUNTY also desires to amend the Agreement to update provisions in the Original Agreement to bring them current with certain County, State, or Federal required contract provisions. WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement; and WHEREAS, the parties find it would be mutually beneficial to enter into this Ninth Amendment to the Agreement; and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the Parties agree as follows: 1. In accordance with Subparagraph 5(D) of the Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor — Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $212.18 per hour, mechanic $318.28 per hour, mechanic plus helper $106.10 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $318.28 per hour, mechanic $477.41 per hour, mechanic plus helper $159.15 per hour, mechanic helper working alone or additional helper 2 Parts Cost Plus: Fifteen percent (15%) mark-up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen(15) minute increments. The following buildings will require: One (1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, One (1) Semi-Annual Inspection,and Two(2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Detention Center 5501 College Road $3,879.89 cost/ Key West, FL 33040 $3,000.00 5yr. inspection Harvey Government Center 1200 Truman Avenue $2,243.07 cost/yr. Key West, FL 33040 $1,000.00 5 yr. inspection Lester Building 530 Whitehead Street $1,242.77 cost/yr. Key West, FL 33040 $1,000.00 5yr. inspection Monroe County Courthouse 502 Whitehead Street $1,242.77 cost/ Annex/Old Jail Key West,FL 33040 $1,000.00 5 yr. inspection Marathon Government Annex 49063 a Street, Ocean $1,030.59 cost/ Marathon,FL 33050 $500.00 5 yr. inspection Marathon Jail 3981 Ocean Terrace $1,030.59 cost/yr. Marathon,FL 33050 $500.00 5yr. inspection 3 Pigeon Key 1090 Overseas Highway $22,960.82 cost/yr. Marathon, FL 33050 $15,000 5yr. inspection Plantation Key Courthouse and 88770 Overseas Highway $10,878.20 cost/ Detention Center(new) Tavernier, FL 33070 (TESTING SCHEDULED AROUND COURT HEARINGS) N/A 5 yr. inspection Emergency Operations Center Building and Risers Inspection 7280 Overseas Highway $2,820.00 cost/ Marathon,FL 33050 Clean Agent Inspection 7280 Overseas Highway $2,700.00 cost/yr. Clerk of Court Rockland Storage I I I Overseas Highway $1,690.00 cost/yr. Key West, FL 33050 Key Largo Library 101485 Overseas Highway $2,900.00 cost/yr. Key Largo FL 33037 The following buildings will require: One (1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Historic Courthouse 500 Whitehead Street $1,242.77 cost/fir. Key West, FL 33040 $ 1,000.00 5yr. inspection Monroe County Sheriff 5525 College Road $2,121.81 cost/yr. Administration Bldg. Key West, FL 33040 $1,000.00 5 yr. inspection Dept. of Juvenile Justice Building 5503 College Road $2,000.57 cost/yr. Key West, FL 33040 $1,000.00 5 yr. inspection 4 Supervisor of Elections 5200 College Road $636.54 cost/yr. Key West, FL 33040 $500.00 5yr. inspection Freeman Justice Center 302 Fleming Street $2,121.81 cost/yr. Key West, FL 33040 (TESTING SCHEDULED AROUND COURT HEARINGS) $1,000.00 5 yr. inspection Murray Nelson Government Center 102050 Overseas Highway $1,030.59 cost/ Key Largo, FL 33037 $1,000.00 5 yr. inspection Monroe County Fire Station No. 17 10 Conch Avenue $636.54 cost/. Conch Key, FL 33050 $500.00 5 yr. inspection Monroe County Fire Station No. 13 390 Key Deer Blvd. $636.54 cost/yr. Big Pine Key, FL 33043 $500.00 5 yr. inspection Monroe County Fire Station No. 8 6180 2nd Avenue $636.54 cost/yr. Stock Island, FL 33040 $500.00 5yr. inspection Joe London Fire Training Academy 56633 Overseas Highway $636.54 cost/yr. Crawl Key, FL $500.00 5yr. inspection Bernstein Park 6751 5th St. $636.54 cost/yr. Stock Island, FL 33040 $500.00 5 yr. inspection Monroe County Fire Station No. 11 22352 Overseas Highway $636.54 cost/ Cudjoe Key, FL 33042 $500.00 5 yr. inspection 5 Marathon Library 3490 Overseas Highway $636.54 cost/ Marathon, FL 33050 $500.00 5 yr. inspection Monroe County Sheriff Firing Range 10430 Overseas Highway $1,690.00 cost/yr. Marathon, FL 33050 WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES, PRIMARILY THE COURTHOUSES,IT MAYBE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS. 2. Paragraph 8, MAINTENANCE OF RECORDS of the Original Agreement, is hereby amended by deleting it in its entirety and replacing it with the following: 8. MAINTENANCE OF RECORDS The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied.Records shall be retained for a period of seven(7)years from the termination of this Agreement or for a period of five (5)years from the submission of the final expenditure report as per 2 CFR §200.334, 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 Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 3. Paragraph 44, FEDERAL CONTRACT REQUIREMENTS of the Original Agreement and as amended by Paragraph 10 of the Fifth Amendment of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following: 44. FEDERAL CONTRACT REQUIREMENTS The Contractor and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 6 44.1 Clean Air Act(42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387, as amended). The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended(42 U.S.C. §§7401-7671 q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) 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. §§1251-1387), 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, and 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. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 44.2 Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). A) 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.S.C. 3141-3144 and 3146-3148) 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, which is attached hereto as Exhibit `B" to this Agreement and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. B) When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program,Homeland Security Grant Program, 7 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. C) Required contract clauses. All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-11). All applicable contractors must include these provisions in full in any subcontracts. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR Chapter 1)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by§-Ll,the following clauses(or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1)Minimum wages (a) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less 8 than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in Subparagraphs (d) and (e) of 29 C.F.R. Section 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis- Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph (A)(1)(v) of 29 C.F.R. Section 5.5; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in Subparagraph (a)(4) of 29 C.F.R. Section 5.5. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under Subparagraph (a)(1)(iii) of 29 C.F.R. Section 5.5) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR Part 1, a wage determination may contain,pursuant to § 1.3 ,wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to Subparagraph (a)(1)(iii) of 29 C.F.R. Section 5.5,provided that: (A) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 9 (B) The classification is used in the area by the construction industry; and (C) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with Subparagraph (a)(1)(iii)(A)(3A of 29 C.F.R. Section 5.5. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. (c) Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is used in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformancekdol.gov. The Administrator, or an authorized representative, will approve, 10 modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAeonformanceAdol.gov, refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under Subparagraphs (a)(1)(iii)(C) and CW of 29 C.F.R. Section 5.5. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to Subparagraph (a)(1)(iii)(C) or DD)of 29 C.F.R. Section 5.5 must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (d) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor,in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have 11 been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (f) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding (a) Withholding requirements. The Federal Emergency Management Agency (FEMA), the Florida Division of Emergency Management (FDEM) or the County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief,including interest,required by the clauses set forth in Paragraph(a) of 29 C.F.R. Section 5.5 for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor(as defined in §_5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in Subparagrgph a 3 iv of 29 C.F.R. Section 5.5,FEMA may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (b) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Subparagraph(a)(2)(i) or 12 b 3 i of 29 C.F.R. Section 5.5, or both, over claims to those funds by: (1) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3)Records and certified payrolls (a)Basic record requirements (1)Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe henefits. Whenever the Secretary of Labor has found under Subparagraph (a)(1)(v) of 29 C.F.R. Section 5.5 that the wages of any laborer or mechanic include 13 the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4)Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. (b) Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to FEMA if it is a party to the contract, but if FEMA is not such a party, the contractor will submit the certified payrolls to FDEM,the County or other entity, as the case may be, that maintains such records, for transmission to FEMA. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2)Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under Subparagraph (a)(3)(i)(B) of 29 C.F.R. Section 5.5, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker 14 (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sitesldolgov/fileslWHD/le alleslwh347/.pd f or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses,telephone numbers,and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or FDEM, the County or other entity, as the case may be, that maintains such records). (3)Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (A) That the certified payroll for the payroll period contains the information required to be provided under Subpara�. ph a 3 ii of 29 C.F.R. Section 5.5, the appropriate information and basic records are being maintained under Subparagraph a 3 i of 29 C.F.R. Section 5.5, and such information and records are correct and complete; (B) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of 15 Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by Subparagraph (a)(3)(ii)(C) of 29 C.F.R. Section 5.5. (5)Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6)Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (c) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts,and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (d)Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under Subparagraphs (a)(3)(i) through iii of 29 C.F.R. Section 5.5, and any other documents that FEMA or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of FEMA or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2)Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains 16 such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to L LU. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR Part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to FEMA if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If FEMA is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to FDEM, the County or other entity, as the case may be, that maintains such records, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. (4)Apprentices and equal employment opportunity (A)Apprentices (1)Rate ofpay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program,but 17 who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3)Apprenticeship ratio. The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to Subpara ray ph (a)(4)(i)(D) of 29 C.F.R. Section 5.5. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in Subparagraph (a)(4)(i)(A) of 29 C.F.R. Section 5.5, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4)Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered,the ratios and wage rates (expressed in percentages of the journey worker's hourly rate) applicable within the locality in which 18 the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (B)Equal employment opportunity. The use of apprentices and journey workers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6)Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in Subparagraphs (a)(1) through LUI of 29 C.F.R. Section 5.5, along with the applicable wage determination(s) and such other clauses or contract modifications as FEMA may, by appropriate instructions, require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR Section 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Section 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of 19 Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (A) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 C.F.R. ' 5.12(a). (B)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 5.12(a). (C) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. (11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (A) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; (B)Filing any complaint,initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; (C)Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; or (D) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR Part 1 or 3. 20 44.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs,all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic 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. A) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Subparagraph 5.5(b)(1) of 29 CFR Section 5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. 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 watchpersons and guards, employed in violation of the clause set forth in Subparagraph (b)(1) of 29 CFR Section 5.5, in the sum of $32 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 Subparagraph (b)(1) of 29 CFR Section 5.5. C) Withholding for unpaid wages and liquidated damages. (1) Withholding Process. FDEM or the County may upon its own action, or must upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor 21 so much of the accrued payments or advances as may be considered necessary to satisfy the liability of the prime contractor or any subcontractors for any unpaid wages, monetary relief, including interest; and liquidated damages required by the clauses set forth in this Subparagraph(b) of 29 CFR Section 5.5 on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (2) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Subparagraph (a)(2)(i) or (b)(3)(i) of 29 CFR Section 5.5, or both, over claims to those funds by: (a) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (b) A contracting agency for its reprocurement costs; (c) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (d) A contractor's assignee(s); (e)A contractor's successor(s); or (f) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901- 3907., D) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in Subparagraph (b)(1) through (5) of 29 C.F.R. § 5.5 and 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 Subparagraphs (b)(1) through (5) of 29 C.F.R. § 5.5. In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 22 E) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten,restrain, coerce,blacklist,harass, or in any other manner discriminate against, any worker or job applicant for: (1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (2) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (4) Informing any other person about their rights under CWHSSA or this part. Further Compliance with the Contract Work Hours and Safety Standards Act. A) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. B) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security,the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. C)Incorporation of contract clauses and wage determinations by reference. Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text. 23 D) Incorporation by operation of law. The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by� 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. 44.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the recipient or 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. 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement, Debarment and Suspension). SAM Exclusions contains 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 ww_,sam..�. The Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include 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 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C, in addition to remedies available to the County, the Federal 24 Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 44.6 Byrd Anti-Lobbying Amendment(31 U.S.C. §1352). 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 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit "C" to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200.323. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of 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 A) Competitively within a timeframe providing for compliance with the contract performance schedule; B) Meeting contract performance requirements; or C) At a reasonable price. 25 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 Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal and/or FEMA Requirements (as applicable): 44.8 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 44.9 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. 44.10 Access to Records. The Contractor/Consultant and its successors, transferees,assignees,and subcontractors 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: A) Cooperate with any compliance review or complaint investigation conducted by DHS; B) 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; and C) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.11 Department of Homeland Security(DHS) Seal, Logo, and Flags. The Contractor shall not use the DHS seal(s), logos, crests, or reproduction of flags 26 or likenesses of DHS agency officials. This includes use of DHS component agency (e.g., FEMA, CISA, etc.) seals, logos, crests, reproductions of flags, or likenesses of component officials. The Contractor shall include this provision in any subcontracts. 44.12 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.13 Disadvantaged Business Enterprise (DBE) Policy 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 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and 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. A Minority Owned Business Declaration form is attached hereto and made a part hereof, if applicable. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. A) If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B) Affirmative steps must include: 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; 27 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5) Using services and assistance, as appropriate, 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 subcontractors are to be let, to take affirmative steps listed in Subparagraphs (1) through(5) of this section. 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order, or constructive change must be approved in writing by both the County and Contractor. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable,within the scope of the grant or cooperative agreement,reasonable for the scope of work, and otherwise allowable. 44.15 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216. As of November 12, 2020, all FEMA recipients and subrecipients, and their contractors and subcontractors, are required to include this contract provision in all FEMA- funded contracts and subcontracts, including any purchase orders: Prohibition on Contracting for Covered Telecommunications Equipment or Services A) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements;roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause 28 B) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Public Law No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in Paragraph (C) of this clause applies, the Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a)Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b)Enter,extend,or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c) Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service 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. C) Exceptions. 1) This clause does not prohibit contractors from providing a) A service that connects to the facilities of a third-party, such as backhaul,roaming, or interconnection arrangements; or b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: 29 a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. D) Reporting Requirement. 1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in Subparagraph (D)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The Contractor shall report the following information pursuant to Subparagraph(D)(1) of this clause: a) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity(CAGE)code (if known);brand;model number(original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b) Within 10 business days of submitting the information in Subparagraph (D)(2)(a) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent the use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. E) Subcontracts. The Contractor shall insert the substance of this clause, including this Paragraph (E), in all subcontracts and other contractual instruments. 30 44.16 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The County 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: A) "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. B)"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. 44.17 No Obligation 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. 44.18 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 44.19 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act Public Law 94-163; 42 U.S.C. §§6201- 6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 44.20 Construction Debris and Materials. The Contractor shall load,haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket, the Contractor must also provide the name of the Deposit site, the ID Number of deposit site, and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s)of the fill material utilized. The Contractor must also note if the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally 31 into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug up. If the area is a circle, then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, whether there was any vegetation removal and, if so, how it was placed back. Final payment is contingent upon compliance with these provisions. 44.21 Providing Good, Safe Jobs to Workers. Pursuant to FEMA Information Bulletin No. 520, the Contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the Contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The Contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. 44.22 For Contracts Entered into After August 1, 2017, Under a Major Disaster or Emergency Declaration. In compliance with Section 1225 of the Disaster Recovery Reform Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 44.23 Breach Penalty and Damages During Emergency Recovery Period. Effective January 1, 2026, and in accordance with Section 252.505, Florida Statutes,the Parties agree that if the Contractor/Consultant breaches this Contract for goods or services related to emergency response for a natural emergency during an emergency recovery period, the Contractor/Consultant shall pay Monroe County a penalty of Five Thousand Dollars ($5,000) and damages. In addition to the penalty, the Contractor/Consultant shall be liable for damages, which may be assessed, at the County's sole discretion, as either: A) Actual and consequential damages suffered as a result of the breach; OR B) Liquidated damages in the amount specified in this Contract. The remedies provided in this section are cumulative and are in addition to any other rights or remedies available at law or in equity. For purposes of this provision, "emergency recovery period" shall have the meaning assigned under Section 252.50, Florida Statutes. 32 44.24 Build America, Buy America Act (BABAA). Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to the County with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FEMA. For FEMA financial assistance programs or other federally funded programs subject to BABAA, contractors and subcontractors must sign and submit the BABAA certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. 44.25 Changes. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement,reasonable for the scope of work, and otherwise allowable. Any changes to this Agreement must be approved in writing by written Amendment signed by both parties. 44.26 Copyright -License and Delivery of Works Subject to Copy g_ht. The Contractor grants to the County a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings,and architectural works.Upon 33 or before the completion of this contract,the Contractor will deliver to the(insert name of the recipient or subrecipient) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. 44.27 FDEM Funded Projects. If this contract is funded by FDEM, the following provisions shall apply: The Contractor is bound by the terms and conditions of any Federally Funded Subaward and Grant Agreement between the County and the Florida Division of Emergency Management(Division). The Contractor shall indemnify and hold harmless the Division and the 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. 4. The Original Agreement is amended to add the following: 48. In accordance with Section 448.095, Florida Statutes, as may be amended from time to time, 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 status of all new employees hired by the subcontractor during the contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: A) A public agency, Bidder, or subcontractor, who has a good faith belief that a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), shall terminate the contract with the person or entity. B) A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. C) A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was 34 terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. 49. Buy Clean. The County encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, the County encourages that the performance of this Agreement include considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration. 5. The Originalgreement, as amended by Paragraph 47 of the Fifth Amendment to the Agreement is hereby amended by deleting it in its entirety and replacing it with the following: 50. Common Carrier Responsibilities. If the Contractor is a common carrier, as defined in Section 908.111, Florida Statutes, the Contractor may not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal or departure of the person from this state or the United States. A contract between a governmental entity and a common carrier or contracted carrier, must include an attestation by the common carrier or contracted carrier that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an unauthorized alien, except to facilitate the detention,removal, or departure of the person from this state or the United States. A governmental entity is deemed to be in compliance with this requirement upon receipt of the common carrier's or contracted carrier's attestation. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 6. Subparagraph 44.1 of the Original Agreement (Davis-Bacon Act Wages Statement),Exhibit"C"and Exhibit"C-Revised"of the Fifth Amendment of the Original Agreement are hereby amended only to reflect an updated Davis-Bacon Wage Determination Statement dated January 2, 2026, which is attached hereto as Exhibit"C- 2nd Revised" and made a part hereof. 7. Except as set forth in Paragraphs I through 6 of this Ninth Amendment to the Agreement,in all other respects,the terms and conditions set forth in the Original Agreement, as amended,remain in full force and effect. 35 EXHIBIT " C — 2nd REVISED" DAVIS- BACON WAGE DETERMINATION STATEMENT 36 "General Decision Number: FL20260022 01/02/2026 Superseded General Decision Number: FL20250022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Modification Number Publication Date 0 01/02/2026 ELEC0349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 40 .24 14 . 94 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes . . . . . . . . . . . . . . . . . $ 40 .40 14 . 90 Cranes 130-300 Ton. . . . . . . . . . $ 39 .38 14 . 90 Cranes 76 ton to 129 Ton. . . . $ 37 .57 14 . 90 ---------------------------------------------------------------- IRON0272-004 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 28 . 84 15 . 72 ---------------------------------------------------------------- PAIN0365-004 08/01/2025 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 27 . 00 14 . 78 ---------------------------------------------------------------- SFFL0821-001 07/01/2025 Rates Fringes 37 SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 35 . 03 24 . 00 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 29 . 10 14 . 68 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 .45 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 .62 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 .45 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 .21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 .27 3 .33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 .33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . . $ 14 .41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ---------------------------------------------------------------- 38 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol .gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022 . Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13 .30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025 . The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol .gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (iii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type (s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate) , a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. 39 Union Rate Identifiers A four-letter identifier beginning with characters other than " "SU" " , " "UAVG" " , ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024 . PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i .e. , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates . EXAMPLE: UAVG-OH-0010 01/01/2024 . UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The " "SU" " identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1 .2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example: SUFL2022-007 6/27/2024 . SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date 40 for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1 . 6 (c) (1) . State Adopted Rate Identifiers The " "SA" " identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1 . 3 (g) - (h) . Example: SAME2023-007 O1/03/2024 . SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be . a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol .gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations . Requests can be submitted via email to BCWD-Office@dol .gov or by mail to: 41 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol .gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 . ---------------------------------------------------------------- END OF GENERAL DECISION 42 IN WITNESS 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 MOLAR C01JNTY, FLORIDA By: By: �.............................................................. As Deputy Clerk Mayor Date: err DATE Witnesses for CONTRACTOR,: CONTRACTOR.: GARY'S PLQh,4Bn14G AND FIRE, rNC, By: Sig;naturc of perso authorized to ,Si ,,n a t u!re legally bind CONTRACTOR F61k5 ;'7jXo y Gm _�e"41e --------------------- to I_ 1e rit a rint lamas -n_`itle Address: Signature ........ ...... A ------------------ ------------------------- Date Print Name Telephione Number ..................... Date 43 �cou �GJS COURTS 00A Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida �Roz COVNSy DATE: November 18, 2025 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Stan Thompson Contract Manager g:L..-c .. c>1zrc7 c_c7a lz: v.. FROM: Brynn Morey, Deputy Clerk SUBJECT: November 1.2, 2025 BOCC Meeting The following item has been executed and added to the record. F18. Approval of an Eighth Amendment to the Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to add the Monroe County Sheriff Firing Range and the Monroe County Emergency Operations Center as additional Middle Keys locations and to add the Clerks Offsite Record Storage as a Lower Keys location retroactive to November 1, 2025. Funding is Ad Valorem and Fines and Forfeitures. The "Not to Exceed" is being increased by $8,000.00. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 EIGHTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Eighth Amendment to Agreement is made and entered into this 12'h day of November 2025, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, ("CONTRACTOR"), the address of which is 6409 2 d Terrace, Suite 1, Key West, Florida 33040 (collectively, the"Parties"). WHEREAS, on October 20, 2021, the Parties entered into an Agreement for Full Maintenance Fire Protection Systems ("Agreement") whereby the Contractor agreed to provide the County with the inspection, testing, maintenance, and repairs as well as assuring that the equipment was in proper operating condition to protect against unpredictable repair expenditures as well as to ensure reliability and efficiency; and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment to the Agreement to increase the annual agreement amount by Sixty-Five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred, Thirty-Five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment tothe Agreement to provide for an annual CPI-U increase of 7%, pursuant to the Agreement, and to renew the term fora additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Agreement to provide for an annual CPI-U increase of 6.5%, pursuant to the Agreement, to renew the term for an additional one-year period, to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys location, to delete the of Plantation Key Jail location, and to add and/or update provisions to allow for the option oft COUNTY to request from the CONTRACTOR only a proposal/quote for replacement equipment or parts and all associated installation; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment tot Agreement to increase the annual agreement amount, due to unanticipated repairs and/or emergency or at various locations,by Two Hundred, Fifty Thousand and 00/100($250,000.00) Dollars, from One Hundred, Forty-Three Thousand, Seven Hundred, Seventy-Five and 00/100 ($143,775.00) Dollars to Three Hundred, Ninety-Three Thousand, Seven Hundred, Seventy-Five and 00/100 ($393,775.00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment tothe Agreement to include Pigeon Key as an additional Middle Keys location in the current contract, and to update and/or add current revisions pursuant to the Monroe County Code of Ordinances and/or Federal required contract provisions; and WHEREAS, on October 16, 2024, the BOCC approved a Sixth Amendment tothe Agreement to provide for an annual CPI-U increase of 3.4%, pursuant tote Agreement, and to renew the to for an additional one-year period; and Seventh WHEREAS, on October 15, 2025, the BOCC approved a Sixth Amendment tothe Agreement to provide for an annual I® increase of 2.9%, pursuant tote Agreement, and to renew the to for an additional one-year period; and WHEREAS,the parties find it would be mutually beneficial to include the Monroe County Sheriff Firing Range and the Monroe County Emergency Operations Center as additional Middle Keys locations, and the Clerk's Offsite Record Storage as a Lower Keys location retroactive to November 1, 2025; and WHEREAS, the Original Agreement, as amended in the Fourth Amendment, provides in Paragraph 5 (E) that the total compensation tote Contractor shall not exceed Three Hundred, Ninety-Three Thousand, Seven Hundred Seventy-Five and 00/100($393,775.00)Dollars per year, unless pre-approved or requiring additional fands is implemented; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Eight Thousand and 00/100 ($8,000.00) Dollars due to additional locations being included in the service; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement; and WHEREAS, the parties find it would be mutually beneficial toenter into this Eighth Amendment tote Agreement; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the Parties agree as follows: I. In accordance with Paragraph 5 (E)of the Original Agreement as amended,total compensation tote Contractor under the Original Agreement,as amended,shall be increased and shall not exceed Four Hundred One Thousand, Seven Hundred Seventy-Five and 00/100 ($401,775.00) Dollars per year, unless pre-approved work requiring additional funds is implemented. 2, In accordance with Subparagraph 5(D) of the Agreement, the cost of labor used by the Contractor to fulfill the obligation oft e Contract will be calculated using the amended unit prices set forth below as follows: Labor Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $212.18 per hour, mechanic $318.28 per hour, mechanic plus helper S 106.10 per our, mechanic helper working alone or additional helper 2 Overtime rate for hours other than the normal working hours as stated above, including holidays: $318.28 per hour, mechanic $477.41 per hour, mechanic plus helper $159.15 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent (15%) mark-up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all ApP lications �for Payment. For invoicing purposes, the hours should be calculated in fifteen (15) minute increments, The following buildings will require: One (1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, One (1) Semi-Annual Inspection, and Two(2)Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Detention Center 5501 College Road JJV .8�9cos�t/ . Key West, FL 33040 Harvey Government Center 1200 Truman Avenue S214L07 _cost/W- Key West, FL 33040 QQQ.,,QO 5_n. ins section 1,_ Lester Building 530 Whitehead Street $1242.77_cost/r. Key West, FL 33040 ............ �Jn� Monroe County Courthouse 502 Whitehead Street IL24Z.77_ cost/yr. Annex/Old Jail Key West, FL 33040 I.QQ0299 5 yj, invection Marathon Government Annex 490 63d Street, can 1,09,59 —cost/y—r. 3 Marathon, FL 33050 jf O�.0O �5r. tits e c t�iq n Marathon Jail 3981 Ocean Terrace �1 -5�9cost/ L Marathon, FL 33050 S5Q9.00 -_ 5M. inspection Pigeon Key 1090 Overseas Highway R2-2kMzS9WyL Marathon, FL 33051 Ott , iris ctiti Plantation Key Courthouse and 88770 Overseas Highway Detention Center(new) Tavernier, FL 33070 (TESTING SCIIEDULED AROUND COURT FlEARINGS) N/A. 5_)j. inspection Emergency Operations Center Building and Risers Inspection 7280 Overseas Highway 121M.0-0--c-0—S-1/a-L. Marathon, FL 33050 Clean Agent Inspection 7280 Overseas Highway 122QL0_0L_cost/mr. Clerk of Court Rockland Storage I I I Overseas Highway JI.690.00--cost/yL. Key West, FL 33050 The following buildings will require: .One .......................(1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection, One (1) Semi.-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25-. Monroe County Historic Courthouse 500 Whitehead Street $iLZ42L77_ cost/yr. Key West, FL 33040 $ ®y_E._j;jMection_ Monroe County Sheriff 5525 College Road UJ,21,81 cost/vr-_ Administration Bldg. Key West, FL 33040 y.L.jns IL ection Dept. of Juvenile Justice Building 5503 College Road $g,,000.57 cost/vir.. Key West, FL 33040 4 RJQ00.00�5 r. ins tin Supervisor of Elections 5200 College Road J6�54�co�st/ r. Key West, FL 33040 $LOO.00 -- 5 ff. inspection Freeman Justice Center 302 Fleming Street S21121.81 cast/ Key West, FL 33040 (TESTING SCHEDULED AROUND COURT HEARINGS) _$1,000.00 5 yr. inspection Murray Nelson Government Center 102050 Overseas Highway U-1—BO-5- 9 —.9-QqVY1, Key Largo, F1, 33037 ction Monroe County Fire Station No. 17 10 Conch Avenue S6X.54 cog/M. Conch Key, FL 33050 jS500.00 -- .5 n,,jj�.�ion yr. i..........5 ..................... Monroe County Fire Station No. .13 390 Key Deer Blvd, J636,54 cosVyr. Big Pine Key, Fl, 33043 „ 0.00-11,11,111,1111,'ll""I'll""I'll",'ll""I'll""I'll",,5'll.. ":1",� !!1 29q!"YM Monroe County Fire Station No. 8 61802 d Avenue Stock Island, FL 33040 f in ....................... pticlrl Joe London Fire Training Academy 56633 Overseas Highway $636J4 cost/vr- Crawl Key, FL S.5om..........................5 .�ins,..� ion ............ Bernstein Park 6751 5"' St. JO!L�54 Stock Island, FL 33040 OWN 5 YK,in.spqction Monroe County Fire Station No. 11 22352 Overseas Highway J6 6.54 cost/yr. Cudjoe Key, FL 33042 $59%.Qq ....... .5 YLI)MIlgction 5 Marathon Library 3490 Overseas Highway �654 cost/w. Marathon, FL 33050 $500.00 5 yr. inspection Monroe County Sheriff Firing Range 10430 Overseas Highway $1-.690.00 cos Marathon, FL 33050 WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES, PRIMARILY THE COURTHOUSES, ITMAYBE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS. 3. Except as set forth in Paragraph I oft is Eighth Amendment to the Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in ful force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW1 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. y �z 1 BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA By: By; As teputy^Clerk Mayor Date: II I t�o•I P�� MONROE COUNTY ATTORNEYS CWFICE APPROVED AS TO WAN+ l := N c JWTC:OU T YAITORI4EY o c DATE: 1 0_11_ (1?S Q _tnesse for CONTRACTOR: CONTRACTOR: `i GARY'S PL BING AND FIRE INC. � > 0 Lu � u-i Gc � By. v Signature _f person uthorized to Aig legally bind CONTRACTOR 45ldpei 1 D to Print Name Print NanYe and Title jt�bm i1 (} r Address: 6 qy l Signatu /o/Mb5 )Qks Date Print Name Telephone Number !o a 5 Date 7 GARYPLU-02 TMARKEE �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DAT9/4/2 2YYYY) 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 Taylor Markee Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd (A/C,No,Ext): (239)261-3646 (A/C,No): Leesburg,FL 34748 ADDRESS:tmarkee@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Travelers Casualty and Surety Company of America 31194 Gary's Plumbing and Fire,Inc. INSURERC:The Burlington Insurance Company 23620 64092nd Terrace,Suite 1 INSURER D:TechnologyInsurance Company, Inc 42376 Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ICLAIMS-MADE I X OCCUR PTCGL000000078-04 8/13/2026 8/13/2026 DAMAGE TO RENTED 100,000 X X PREMISES„(Ea occurrence) $ MED EXP(Any.one..person.)....... $..................................................._S,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 � PEA 2,000,000POLICY LOC PRODUCTS-COMP/OPAGG $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-25-42-G 8/13/2025 8/13/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED Ix NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642303 8/13/2025 8/13/2026 AGGREGATE $ 4,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X TWC4657250 8/13/2025 8/13/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below naPR E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC is included are included as Additional Insured in regards to General Liability,only as required by written contract,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0321 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE w ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �cou �GJS COURTS 00A Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida �Roz COVNSy DATE: October 7, 2025 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Stan Thompson Contract Manager v.. FROM: Brynn Morey, Deputy Clerk SUBJECT: October 15, 2025 BOCC Meeting The following Agenda item has been executed and added to the record: C8 Approval of a Seventh Amendment to the Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to renew the Agreement for the fourth of four optional one-year renewals and to incorporate a CPI-U increase of 2.9%. Funding is Ad Valorem and Fines and Forfeitures. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 SEVENTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Seventh Amendment to Agreement is made and entered into this 15 1h day of October 2025, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft e State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, ("CONTRACTOR"), the address of which is 6409 2 nd Terrace, Suite 1, Key West, Florida 33040 (collectively, the"Parties"). WHEREAS, on October 20, 2021, the Parties entered into an Agreement for Full Maintenance Fire Protection Systems ("Agreement") whereby the Contractor agreed to provide the County with the inspection, testing, maintenance, and repairs as well as assuring that the equipment was in proper operating condition to protect against unpredictable repair expenditures as well as to ensure reliability and.efficiency; and WHEREAS,on April 20,2022,the Board of County Conunissioners ("13 OCC""")approved a First Amendment to the Agreement to increase the annual agreement amount by Sixty-Five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred, Thirty-Five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Agreement to provide for an annual CPI-U increase of 7%, pursuant to the Agreement, and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Agreement to provide for an annual CPI-U increase of 6.5%, pursuant to the Agreement, to renew the to for an additional one-year period, to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location, to delete the old Plantation Key Jail location, and toad and/or update provisions to allow for the option of the COUNTY to request from the CONTRACTOR only a proposal/quote for replacement equipment or parts and all associated installation; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to the Agreement to increase the annual agreement amount, due to unanticipated repairs and/or emergency work at various locations,by Two Hundred Fifty Thousand and 00/100 ($250,000.00) Dollars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00)Dollars to Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100 ($393,775.00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to the Agreement to include Pigeon Key as an additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to the Monroe County Code of Ordinances and/or Federal required contract provisions; and WHEREAS, on October 16, 2024, the BOCC approved a Sixth Amendment to the Agreement to provide for an annual PI-U increase of 3.4 , pursuant to the Agreement, and to renew the tenu for an additional one-year period; and the parties desire to amend the Agreement, as amended, to provide for an annual P1-U increase of 2.9%pursuant to the Agreement and to renew the term for an additional one-yeasperiod; and the parties have found the Agreement,as amended,to be mutually beneficial, and WHEREAS, the parties find it would be mutually beneficial to enter into this Seventh Amendment to the Agreement; and THEREFORE,NOW IN CONSIDER.ATIONof the mutual promises and covenants set forth below, the Parties agree as follows: 1. In accordance with Paragraph 6 of the Agreement, the County exercises tine option to amend the Agreement and the amount shall be adjusted.in .accordance annually with the percentage change in the J.S. Department ent of Commerce Consumer Price Index ( Pl-U) for all Urban Consumers as reported by the U.S' Bureau of Labor Statistics at December 31 of the previous year of 2.9%, with an effective date of November 1, 2025m 1 In accordance with Paragraph 6 of the Agreement, the County exercises the option to renew the agreement for the fourth of( ) four optional 1) one-year periods: This renewal shall commence on November 1, 2025, and ends upon October 31, 2026, unless terminated earlier under another paragraph of the Agreement. 3. In accordance with Subparagraph 5( )of the Agreement, the cost of labor used y the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $212.18 per hour, mechanic $318.28 per hoar, mechanic plus helper $106.10 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $318.28 per hour, mechanic 477.41 per hour, mechanic plus helper $15 m 15 per hour, mechanic helper working alone or additional helper 2 Parts Cost Plus: Fifteen erce ( %) of mark up onmanufacturer's invoice cast of parts and materials (excluding freight, equipment rental,; tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance ,fob and included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen 15) minute increments. The following buildings will requires e _ .. ..........................................._ ........�.... One (1), i�rc .__.. ..Est .... , within three._. . . ... (completed (3) mmonths of contract commencement), One (1) Annual e " and flow test of the Fire Pump, One (.1) Semi-Annual Inspection, Quarterly fire sprinkler system inspections and testing r the latest edition of NFPA 25. Monroe County Detention Center 5501 College load 112 cost/yr. Key West, FL 33040 3.0 .00 . irxs ection Harvey Government Center 1200 Truman Avenue 122IL07 —cost/yr. Key West, FL 33040 Lester Building 530 WhiteheadStreet $1241.77 cosVy,.pro Key West, FL 304 Monroe County Courthouse 502 Whitehead Street 1 24 77.........cgst/yt:, Annex/Old Annex/Old Jail Key West, FL 33040 (TESTING SCHEDULED AROUND COURT HEARINGS) Marathon Government Annex 490 3'd Street, Ocean v1�(} . ......... c s.t/yT.a. Marathon, L 33050 0,. t1 5 i..:ym s .1ppt . Marathon Jail 3981 Ocean Terrace $1.n0K.59......... c stdymWe Marathon, FL 33050 3 Pigeon Key 1090 Overseas Highway Marathon, FL 33050 ......................... �inspei:�tiqn Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway Tavemier, FL 33070 N/A 5 vr.. i I n----t,--- "rhe following buildings will require: ............................... One (1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection, One (1) Serni.-Annual Inspection, and Two (2)Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Historic Courthouse 500 Whitehead Street ........ Key West, FL 33040 I-1 QQQ.00— 5-W. inspection Monroe County Sheriff 5525 College Road S11).2 L..11................. Administration Bldg. Key West, FL 33040 $1 AQ.:ffl ing) ... .........U Dept. of Juvenile Justice Building 5503 College Road Key West, Fl. 33040 ......................... yr iRs.12.e..c t i o n., .. .... ........................ Supervisor of Elections 5200 College Road $636.54 cost/vr.. Key West, :FL 33040 .......................................... yx.........in.5n.!P�62n Freeman Justice Center 302 Fleming Street J2,121481 cost/yr. Key West, FL 33040 yj,'- inspection. Murray Nelson Government Center 102050 Overseas Highway LI.030.59 — cost/yr. Key Largo, FL 33037 jj,.,QQQ,QQ 5 ,yr, insppplion. 4 Monroe County Fire Station No. 17 10 Conch.Avenue SOA,54---cost/yr. Conch Key, Fl, 33050 500.00 5 �rjns�ectiog Monroe County Fire Station No. 13 390 Key Deer Blvd. S.616.54 cost/yr. .............. Big Pine Key, FL 33043 1599.,00��5r. i�nsect�ion IV r,Monroe County Fire Station No 8 6180 2nd Avenue . .............................2 Stock Island, FL 33040 59Q�90..............ji.yE.---inspection Joe Land onFire Training Academy 56633 Overseas Highway ............................20—WY—r. Crawl 'Key, 'FL s thin.5� r n ec................................... Bernstein Park. 6751 51h St. $.636.34 cnqt/vr- Stock Island, FL 33040 I�Qo--PQ.......................�5r.�ingec�fiqn Monroe County Fire Station No., I I(new) 22352 OverseasHighway L, 6 636,54 cost/yr. Cu4joe Key, FL 33042 $500.00 -5Ar- inspection---------- --- — Marathon 1Library (new) 3490 Overseas Highway $63654............................ A/31-. Marathon, FL 33 0 5 0 S.- QQ.-.90.....................I......5 n, insect�ion W11EWPERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES, PRIMARILY THECOURTHOUSES,ITMAYBE NPXESSARY TOSCHEDULE INS PFCTIONS BEFORE OF A FTFR NORMALB USINFSS HOURS., All other provisions of Paragraph, 5. D., of the Original Agreement, as amended, remain the sane. IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ISIGNATURE PAGE TO FOLLOW1 5 IN WITNESS WHEREOF, the parties hereto have set their bands and seals the day and year first above written. 7- L c:D c --q 70 BOARD OF COUNTY COKMISSIONERS— Attest: KEVIN MADOK, CLERK OF MONROE COUNTY,FL�ORIDAX— .By:3" B Aseqp;0uty Clerk Mayor Date:— 10 MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM �L �T Ir COUNT�YATTOM�EY DATE: 9-19-2025- Witnesses for CONTRACTOR: CONTRACTOR: GARY'S. PLUMBING AND FIRE, INC. By:—Aw Signature of persJn authorized to Si e legally bind CONTRACTOR ;itqn�rvks �ILJM Cerj- I)X.R- ., PA5 de4 f A)ate Print Name Print Name Jnd Title Address: d slgnpir,dW/re! Date4Cx A A j jpl- I PoAA 305-— -1[A Pripi Name Telephone Number Date 6 GARYPLU-02 TMARKEE �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DAT9/4/2 2YYYY) 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 Taylor Markee Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd (A/C,No,Ext): (239)261-3646 (A/C,No): Leesburg,FL 34748 ADDRESS:tmarkee@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Travelers Casualty and Surety Company of America 31194 Gary's Plumbing and Fire,Inc. INSURERC:The Burlington Insurance Company 23620 64092nd Terrace,Suite 1 INSURER D:TechnologyInsurance Company, Inc 42376 Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ICLAIMS-MADE I X OCCUR PTCGL000000078-04 8/13/2026 8/13/2026 DAMAGE TO RENTED 100,000 X X PREMISES„(Ea occurrence) $ MED EXP(Any.one..person.)....... $..................................................._S,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 � PEA 2,000,000POLICY LOC PRODUCTS-COMP/OPAGG $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-25-42-G 8/13/2025 8/13/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED Ix NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642303 8/13/2025 8/13/2026 AGGREGATE $ 4,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X TWC4657250 8/13/2025 8/13/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below naPR E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC is included are included as Additional Insured in regards to General Liability,only as required by written contract,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0321 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE w ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 25, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: C3 6th Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to renew the Agreement for the third of four optional one-year renewals, CPI-U increase of 3.4%, update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. Funding is Ad Valorem and Fines and Forfeitures. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 SIXTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Sixth Amendment to Agreement is made and entered into this 16th day of October 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft e State of Florida, whose address is 11 Simonton Street, Key West, Florida 33 040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOW), whose address is 6409 2 nd Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 202 1, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreemenf'); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment tote Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00)Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00)Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment tothe Original Agreement to provide for an annual CP1-U increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Original Agreement to provide for an annual CPI-U increase of 6.5% pursuant to the Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the of Plantation Key Jail location, toad and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted ClPl-U increases and additional locations being added for service so that the total compensation to the Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless recap roved work requiring additional funds is implemented; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to increase the annual agreement amount, due to unanticipated repairs and/or emergency work. at various locations, by Two Hundred Fi fty Thousand and 00/100 ($2 5 0,000.00) Doi lars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775,00) Dollars to Three Hundred Ninety-threeThousand, Seven Hundred Seventy-five and 00/100($393,775.00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to include Pigeon Key as an additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and 1 WHEREAS, the parties desire to amend the Original Agreement, as amended, to provide for an annual CPI-U increase of 3.4% pursuant to the Agreement and to renew the terrn for an additional one-year period; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to enter into this Sixth Amendment to the Original Agreement; NOW THEREFORE, tN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1, In accordance with Paragraph 6 raft Original Agreement,the County exercises the option to amend the Agreement and the amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer is Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 3.4% with an effective date of November 1, 2024. 2. In accordance with Paragraph 6 of the Original Agreement,the County exercises the option to renew the agreement for the third of(4) four optional (1) one-year periods. This renewal shall commence on November 1, 2024, and ends on October 31, 2025, unless terminated earlier under another paragraph of this Agreement, 3. In accordance with Paragraph 5 D. of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $206.20 per hour, mechanic $309.31 per hour, mechanic plus helper S 103.11 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the nonnal working hours as stated above, including holidays-, $309.31 per our, mechanic $463.96 per our, mechanic plus helper $154.66 per hour, mechanic helper working alone or additional helper Parts Cost Plus: 2 Fifteen erce (15%) of mark up on manufacturer's invoice cast of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others), Such casts must be documented for each repair and/or maintenance joband included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen(15) minute increments. The following buildings will require: One 7 .. )Five )Year........., ....Inspection ....s (completed cl t .. within t (3)months..of contract commencement), One ( test of the Fire Pump, One (1) Semi-Annual Inspection, Quarterly sprinkler system inspections and testing per the latestedition 2 : Monroe County Detention Center 5501 College Road cost/yr. Key West, FL. 33040 ,Q 0 ro i s ction Harvey Government Center 1200 Truman Avenue 2J!7 .85 cast/ Key West, FL 33040 Lester Building 530 Whitehead Street Key West, FL, 33040 Monroe County Courthouse 502 Whitehead Street M' LXTU qQ r-.. Annex/Old Annex/Old Jail Key West, FL, 33040 (TESTING SCHEDULED RO COURT HEARINGS) Marathon Government Annex 490 f 3d Street, Ocean Marathon, FLU 33050 ..... t!(l. ta............ an; p , Marathon Jail 3981 Ocean Terrace ..... . .._ . . ..... ,. tJ Marathon, FL 3305 Pigeon Key 1090 Overseas High-way 22.°313.72 cost/ Marathon, L 33050 IM 5° yn inns n~ctionn. Plantation Key Courthouse arnd Detention Center(new) 88770 Overseas as Highway ......._�4�.� �_�..:_ ........_ ��/ Tavernier, 1G'L 33070 N/A 5 r. irnsn -fig n The following buildings will require: One ), Five(5) Year Inspection Test (completedwithin three (3) months of contract commencement), s Inspection, and Two (2) Quarterly fire sprinkler system inspections er the latestedition Monroe County Historic Courthouse uus 500 Whitehead Street .�207.7. costl y Key st, : l.. 33040 , 1 000.00 5 r .inns e� do n. Monroe County ty h riff 5525 College Road 2,062,01 ost/ r. Administration Bldg, fey'west, FL 33040 ...........j.,M,. 0 5 , inspection Dept. of Juvenile Justice Building 5 503 College Baud 1 4LI S_V/yr, Key West, FL 33040 J, 1.000.00 , ins ection Su ervis r of Elections Office 52 0 College load ......C�.�_ .fr c�st/yr. f/k/a 13ayshore Manor Key West, FL 33040 00,00 . inspection Freeman Justice Center 302 Fleming Street L2� z&j... q5,tlyr. y West, : l.. 3300 1,000 CD r., ins do rn Murray y Nelson Government Center 1020.50 Overseas Highway 1 001,55 oiV r. . y Largo, FL3;307 1,000.00 5 yr. inns ection Monroe County Fire Station No. 17 10 Conch Avenue L61l.60 cost/yr. Conch Key, FL 33050 LL. 00.00 _ .5 Xr. insnection Monroe County Fire Station No. 13 390 Key Deer Blvd. L§I5.60 --cost/ r. Big Pine Key, FL 33043 L500.00 —_ 5 n. inspection Monroe County Fire Station No. 8 61802 nd Avenue 1-615.60 --cost/3T. Stock Island, FL 33040 j_5Q0,00 5 ff. inspection Joe London Fire Training Academy 56633 Overseas Highway llIL60 --cost/yr. Crawl Key, FL L100.00 5 yr. inspection Bernstein. Park 6751 5 1h St. I-11k.60 --cost/yr. Stock Island, FL 33040 j_502.00 5 n ins2 ection-- - Monroe County Fire Station No, I I(new) 22352 Overseas Highway I-615,60 —cost/yr. Cudjoe Key, FL 33042 L-590.00--5yr, inspection Marathon Library (new) 3490 Overseas Highway j_§jj.60 cost/W. Marathon, FL 33050 J_590.00 5_yr. inspection W11E,N PERP ORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FA CILITIES, PRIMARILL THE CO UR THOUSES,II"MA Y BE NE CESSAR Y TO SCHEDULE INSPECTIONS EIS ORE OF A FTER NORMA L B USINE SS 110 UR& All other pro-visions of Paragraph 5. D. of the Ofiginal Agreement, as amended,remain the same. 4,, Except as set forth, in Paragraphs I through 3 of this Sixth Arnendmerittin Agreement, in all other respects,the terms and conditions set forth in the Original Agreement,as amended, remain in full, for and effect. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. �$EAL�ti ahu BOARD OF COUNTY COMMISSIONERS ` 4ttestr i VIN MADOK,CLERK OF MONROE COUNTY FLORIDA As put�y� ,Clerk Mayar Date: Witnesses for CONTRACTOR CONTRACTOR: GARY S LUM G AND FIRE, INC. By: _ - - Signature of person authorized to Sign legallybind,CONTRACTOR Date Print Name Print Nam and Title Address: &clog 010 'j�ekR.a.Ge ji ut�e 16A., W o f-+! Fl- 3 30(40 L.VAw Jaetj ge It-.►e 305 -acI G (.0 0 t 3 Date Print', ame Telephone Number g3aay 'Date71 8'w,3 'rl C-) MONWE COUNW AITOMEY'S OFFICE PATRICiAEA M AIDANSMANE ( Ey �e- 1�.....�1 GARYPLU-02 TMARKEE ACORO"° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `..•- 9/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Andrea Shaw NAME: Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd (A/C,No,Ext): (239)261-3646 (A/C,No): Leesburg,FL 34748 ADDRESS:AShaw@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Travelers Casualty and Surety Company of America 31194 Gary's Plumbing and Fire,Inc. INSURERC:The Burlington Insurance Company 23620 64092nd Terrace,Suite 1 INSURER D:TechnologyInsurance Company, Inc 42376 Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PTCGL000000078-03 8/13/2024 8/13/2025 DAMAGE TO RENTED 300,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 71 PRO- 2,000,000PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-24-42-G 8/13/2024 8/13/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642302 8/13/2024 8/13/2025 AGGREGATE $ 4,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X TWC4465215 8/13/2024 8/13/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below AP' 16X T E.L.DISEASE-POLICY LIMIT $ 1,000,000 BY_ wry. v .. DAB, a,„,2J9. 24.__ ... _. WA — DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC is included are included as Additional Insured in regards to General Liability,only as required by written contract,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE 0 ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 0 FIFTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Fifth Amendment to Agreement is made and entered into this 17th day of July 2024, between MONROE COUNTY,FLORIDA("COUNTY"), a political subdivision oft e State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2"d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreement"); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment to the Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00) Dollars, from Seventy Thousand and 00/100($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Original Agreement to provide for an annual I® increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment tothe Original Agreement to provide for an annual CP1-U increase of 6.5% pursuant tot Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the old Plantation Key Jail location, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted CPl-U increases and additional locations being added for service, WHEREAS, the Original Agreement, as amended in the Third Amendment, provides in Paragraph 5.E. that the total compensation tothe Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless pre-approved work requiring additional fimds is implemented; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to increase the annual agreement amount, due to unanticipated repairs and/or emergency work at various locations,by Two Hundred Fifty Thousand and 00/100($250,000.00) Dollars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars to Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100($393,775,00) Dollars; and WHEREAS, the parties find it would be mutually beneficial to include Pigeon Key as an additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement; and WHEREAS, the parties find it would be mutually beneficial to enter into this Fifth Amendment to the Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I In accordance with Paragraph 5. D. of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth below as follows, including the new Pigeon Key location: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $199.42 per hour, mechanic $299.14 per hour, mechanic plus helper $99.72 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $299.14 per hour, mechanic $448.70 per hour, mechanic plus helper $149.57 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent (15%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen (15)minute increments. 2 The following buildings will require: One (1), (5) Five (5) Year Inspection Test (to be completed within three (3) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, One (1) Semi-Annual Inspection, and Two (2) Quarterly flre sprinkler system inspections and testing per the latest edition of NFPA 25: ....... .......... ......................... ............. Monroe County Detention Center 5501 College Road 1_3 646.56 cost/yr. Key West, FL 33040 3000.00 5 r. ins �ection_y� Harvey Government Center 1200 Truman Avenue LZJ�Q .�17 �cost/r. Key West, FL 33040 1,000.00— 5 r. inspection X--- — Lester Building 530 Whitehead Street 1,.168.04 —cost/yr- Key West, FL 33040 action-y ins� Monroe ty Courthouse 502 Whitehead Street LjdAL04 _cost/yr. Annex/Old Jail Key West, FL 33040 (TESTING SCHEDULEDAROUND COURT HEARINGS) I_LQQ1D.00_5yr. inspection Marathon Government Annex 490 63d Street, an I.........2�1..0......................... Marathon, Fl.., 33050 500.00 --5Ar inspection Marathon Jail 3981 Ocean Terrace /y Marathon, FL 33050 j5QL00 5 yr. inspection Pigeon 'Key 1090 Overseas flighway I, 21,.580"QQ.....gast/ r, Marathon, Ff.. 33050 �5�rjns�ectjo�n Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway I Tavernier, FL 33070 N/A 5 mr.,jn-spegtion, 3 The following buildings will require: One (1), Five(5) Year Inspection Test(to be completed within three(3) months of contract commencement), One(1) Annual Inspection, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of.NFPA 25: ................. Monroe County Historic Courthouse 500 Whitehead Street J_IJA .0�4cos�t/ r. Key West, FL 33040 5 y .�-ins e�qtion Monroe County Sheriff 5525 College Road I...........1291.21..............g2a r. Administration Bldg. Key West, FL 33040 .$_LQQL00_ 5 yr, ins cation Dept. of Juvenile Justice Building 5503 College Road I.......... Key West, FL 33040 I-ISQ9.00— 5 , ins cation_yr Bayshore Manor 5200 College Road J598.20 oostlyr. Key West, FL 33040 L5�00 �5 yrAns inspection Freeman Justice C enter 302 Fleming Street 'L9 Key West, FL 33040 .5 jr.---inspection Murray Nelson Government Center 1020500verseas .Hi ghway 1-968.62 — cost/yr. Key Largo, FL 33037 !.�00�.00 �5r. jn�section Monroe County Fire Station Co. 17 10 Conch Avenue 59816 cqsLt/yr,, Conch Key, FL 33050 .500.00 5 Vr. ins neoti n Monroe County Fire Station No. '13 390 Key Deer Blvd. 598.26 on.0tvr. Big PineKey, FL 33043 500.00 5 yr. ins ctioil 4 Monroe County Fire Station No 8 6180 2'd Avenue J-5�26 c�ost/ r. Stock Island, FL 33040 $ 500.00 5 yr. iris-,--"- Joe London Fire Training Academy 56633 Overseas Highway L59L26 cost/yr- Crawl Key, FL 1_590.00 5 yr. inspection Bernstein Park 6751 5h St. -J--521.26 cost/yr. Stock Island, FL 33040 1_52Q.00 5 fir. ins Lction_—X — Monroe County Fire Station No. I I(new) 22352 Overseas Highway 1-52L26 cost/yr. Cudjoe Key, FL 33042 5ffl.00__5 yr. inspection Marathon Library (new) 3490 Overseas Highway L12L26—cost/yr. Marathon, FL 33050 500.00 �5 r.�ins e�ction WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FA CILITIES, PRIMARIL Y THECOURTHOUSES,IT MA Y BE NECESSAR Y TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL B I)SINESS HOURS. All other provisions of Paragraph 5. D. of the Original Agreement,as amended, remain the same. 2. Paragraph 9, RIGHT TO AUDrF,of the Original Agreement, as amended is hereby amended by deleting this paragraph in its entirety and replacing it with the following paragraph: 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successfiA 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 Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred 5 I to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of infon-nation 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 confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by Monroe County or County 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 Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 3, Paragraph 14, NONDISCRIMINATIQtilQEAL_EMELQXhIM OPPORTITLITY e, of the Original Agreement, as amended, is hereby amended by deleting the first paragraph only in its entirety and replacing it with the following: 14. NONDISCRIMINATION EQ1ALEHEL2X= OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title `II of the Civil Rights Act of 1964 (FL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex,or national origin; 2)Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits 6 discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 US C s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd- an d 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990(42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. All other provisions of Paragraph 14, as amended, remain the same. 4. Paragraph 21. F., TERMINATION., of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 21, TERMINATION F. For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to 7 scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. All other provisions of Paragraph 21, as amended, remain the same. 5® Paragraph 26, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 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 tothe 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 Paragraphs 15 or 27 conceming termination or cancellation. 6, Paragraph 38, PUBLIC ENTITY CRIME STATEMENT, of the Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 8 7. Paragraph 44..1, Davis-Bacon Act- of the Original Agreement, as amended, is hereby amended only to add the current Davis Bacon Wage Statement, if applicable and attached hereto as Exhibit 11C—Revised" -with that change reflected in the first paragraph of Paragraph 44.1. All other pro-visions of Paragraph 44.1 remain the same. 8. Paragraph 44.7, teriais as set forth in 2 CX..&_§200.322,of the Original Agreement, as amended is hereby amended to correct the citation reference only in the paragraph title to 2 C.F.L.R. §200.323. All other provisions of Paragraph 443 remain -the same. 9. Paragraph 45, UNCONTROLLABLE CIRCUMSTANCE- of the Oigin ral Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 45 UNCONTROLLABLE CIRCUMSTANCE- 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 emit have been foreseen by such Party or, if it could have been foreseen, was unavoidable- (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or riot), terrorist threats or acts, riot, or other civil unrest in the geographic area oft e Project; (d)govemment order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting -work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontro liable Circumstance, ensure that the effects of any Uncontrollable Circurnstance are minimized and resurneffill performance under this Agreement. The County will riot pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only seek a no cost Change Order orAmendment for such reasonable firne a as the Owner's Representative may determine. 10. The Original Agreement, as amended, is further anie and ed to add tile Following paragraph as Paragraph 44.2 1, LF.nergy _E fficiency, and incorporate it into the Agreement as follows: 9 4411 hgjrgj_ If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L 94-163; 42 U.S.C. 1®6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. IL The Original Agreement, as amended, is further amended to add the following paragraph as Paragraph 47, COMMON CARRIER RESPONSIBILITIES.,and incorporate it into the Agreement: 47. COMMON CARRIER RESPONSIBILITIES If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 12. Except as set forth in Paragraphs I through 11 of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTKNTIGN ALL Y- LEFT BLANK] ISIGNATURE PAGETOFOLLOW] 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS r Attest KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA B.y B As D puty Clerk Mayor Date: -11� C7 1207,� Witnesses for CONTRACTOR: CONTRACTOR: GARY'S P MBING AND FIRE, INC. By: Signature f perso authorized to Sign legally bind CONTRACTOR 0 CeA p v SIA, I7at Print Name Print Nai a and Title _ = Address: V„'i Ill . gna .e -z(a JX5 DID jp 'AC Date Print Name Telephone Number F Dates M o c� 7 : MONWE COUIM AMMEY'S OFF`lCI: PAMICK EASLES *� q RA ASSf$YAp�T,������tl.�A1TQRNEY TE' �� 74 EXHIBIT GG 9 Davis-Bacon tStatement i✓26024,C228 IPM SA,M gov "General Decision Numbere FL20240022 03115,✓'2Ri'24 Superseded General Decision Number. FL20230022 State: Florida Construction Type: Building County; Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis,gacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658, Please note that these Executive orders apply to covered contracts entered into by the federal government that are subject to the Davis,,Bacon Act itself, but do not apply to contracts subject only to the Davis,Bacon Related Acts, including those set forth at 29 CFR 11f the contract is entered pP Executive Order 1 ii linto on or after lanuary 30, p generally applies to the 12022, or the contract is p contract, Irenewed or extended (e.g., an p. The contractor must pay ,option Is exercised) out or p all covered workers at lafter :1anuary 30, 2022: p least $17-20 per hour (or the applicable wage rate listed on this wage de•teuination, if it is higher) for all hours spent performing on the contract in 2024. 11f the contract was awarded oni. Executive Order 13658 lor between lanuary 2, 2015 andl generally applies to the 13anuary 29, 2022, and the p contract. 1contract is not renewed or j. The contractor must pay ally ,extended on or after January j covered workers at least 130, 2022: 1 $12.90 Per hour, (Or the applicable wage r•°ate listedl on this wage determinationA if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work out the contract does not apppear• on this wage. determination, the contractor must still submit a conformance request. Additional information on contractor• requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/goveontracts. Modification Number, Publication Date 0 01/05/2024 .1 01/12/2024 h0ps✓lsmrnp gwl,#oge°-detorvy dnellonWL20240022(2 d'i 3,126024.'U 2'28 PM SAM.gov 2 03/15/2024 EILIEKO'.449- d3 09/431/243 2 3 IRates Fringes (Rates Fringes OPERATOR; Crane All. Cranes '75 'Tons. and ......................... 37.07 14..90 All Cranes Over 300 Ton, Electric Tower, Luffing IE4 C a^ ao ......,...........,...$ 40.40 14, 90 Cranes 130 :3 39.:38 :M90 Cranes '76 ton to 129 'Tan.... 37.,57 14.90 ............................... II4kON0272- . ...'143f01/2023 (Rates Fir°:noes IRONWORKER, STRUCTURAL AND IREI:NVFORCIING......,.„,,...... 27,75 15.27 Rates Fringes PAINTER: Brush Only.............. 20.21 22.38 " SIFFLO821 001 01/01/2024 Rates Fringes SPRINKLER F:IIT'U'IEIR (Fire Fam�imlk:d ire...................... 32.03 2:3.01 SHElE0032 003 08/12/2023 ((Rapes (Fringes SHEETMETM., WORKER (HVAC Duct Installation)n).......................!$ 29.'1.0 14.69 -------..------.__ ..._..._............_......... ... ........ Rates (Fringes CAIR115ENU'IIIEtlR... ........ ....... ......,.4 1s.eE3 0o 5..07 CEM9E4R'F Mlfis'SONIIIUD4RCR41ETE FIIHIISHER...$> '12.45 *" R3.e43 IFfEIIKE E REM:,'TOI8........................... MM 0..00 4.A4'.O RII::IR„ C:mmonn or General. S..62 O..4343 LABORER u7:14m,mlamym',r .......—.,—$ 1.0.49 06>FURA..'II'4DII4: 4'Wnnor.:Rtpvx,:src^/I1:::a:.a:avaxl:a°ua^. 1 .941 O..ea OPERATOR Paver (Asphalt, Ua pr,6 M miran V!d '1 Aggregate, and Concrete)......... 9.58 *'a 9.00 OPER8AFOR- Pumps .............$ 11.69 ** 900 PAINTER: Roller and Spnray... _$ 11.21 ** 0.00 PLUMBER.. ....... .................$ 12.27 $'° 3.33 ROOFER: Built Up, Composition, Riot 'Par and Single Ply.......................S 24,33 *'° 9,00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........g 24,42 TRUCK DRIVER, Includes Dump and 10 Yard Haul ¢away............S 8.00 0.15 ......------------- ...., .... .... ..... _.... WELDERS Receive rate prescribed for, craft pnerfor•ming operation to which welding is incidental, ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 (g17.20) or 1365 ($12.99). Please see the Note at the tops of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the stakes of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive order (Eo) 13706, Establishing paid Sick Leave for, Federal Contr,actors applies to all contracts subject. to the Davis-Bacon Act For which the contract is awarded (and any solicitation was issued) on or after 3anuary 1, 2017. if this contract is covered by the Eo, the contractor must provide employees with 1 hour of plaid sick leave for every 30 hours they work, up+ to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health related needs, including preventive care; to assist a Family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, Including preventive cared or for reasons resulting From, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the Eo is available at https.//www.dol.gov/agencies/whd/governmeott,contracts. unlisted classifications needed For work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (111)).. the body of each wage determination :lists the classification and wage crates that have been found to be prevailing For the cited type(s) of construction in the area covered by the wage determination. The classifications are :listed :in alphabetica:1 htnn o°Ysmvn,pp w,�a«mgAe••u1a5P�rrrninmaWPrwrd �,.2dD2di'4rb.'k2d�2 ",p�."a �;p- 312W4,12-28 IRM &AM gov order of "'identifiers","° that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""LOAM" denotes that the union classification and rate were prevailing for that classification in the survey. Example; P8UM0198 005 07/03/2034. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers,, 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198, The next number, 005 in the example, is an internal number used in processing the wage determination. 07r'01/2014 is the effective date of the most current negotiated rate, which in this example is 3uly 1, 2014. union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (COA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "'SU"' identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may Include both union and non-union rates. Example: SULA2012.007 5/13/2014. SU Indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an Internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that Identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG Identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG,OH,0010 00/29/2014. UAVG indicates that the rate As a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2()24 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. W,,o,,06*eo WWO*o� fdY r iavumG r v 11 2,02 C'022R W2642C 12 26 PM SAM.gov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conFormance (additional classification avid rate) ruling On survey related matters, Initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. if the response from this Initial contact Is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet Pipe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question In A.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a Full statement of the interested party's position and by any inFormation (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the Issue. 3.) if the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review and are final. EM OF GENERAL DECISION- E,iftps#uoin 6'0, '17 ADDITIONAL COUNTY FORMS 18 ne FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 ly m ,., cif the ciy of rvm m, mrvrvmmmm.,mmm,mrvrvry according to law on my oath, and under eraalty of penury, depose and say that; a. I amPew 5 of the firm of h r ---,,,("Entity"), the bidder makin the Pr ;posal forAe ro�ect described in the Request for Proposals for and that I executed the said proposal with full author'i' y to do so; b. The Entity is not owned by-the government of a foreign country of concern as defined in Section 287- 3 , Florida Statutes. (Source: §2 7.13 (2)(a), Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 2 7.13 (2)(b), Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: §268.0 7(2), Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized sunder the laws of or having its principal place of business in a foreign country of concern,as defined in Section 692.201, Florida Statutes,or a subsidiary of such entity. (Source: §2 8.007(2), Florida Statutes), f. Entity is not a foreign principal,as defined in Section 692.201, Florida Statutes. (Source: § 62.202(5)(a)(1), Florida Statutes)® 9. Entity is in compliance with all applicable r'equirerments of Sections 692.202,692.203,and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) riot a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized kinder Section 692.204(2),Florida Statutes,-to purchase the subject property.Entity is in cormphance with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692.203(6)(a), 692. 0 (6)(a), Florida Statutes) L The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in'this affidavit in awarding contracts for said project. (Signature) r Date: Diu,„IU STATEOF: � R ,,. �nnnnnnnn,..�,mmmmmrrrr M.�nnnnn.,,rimrimrimri�,rr�,mmmmmm»rim,rin, a e nee, by means of .i physical presence or El online not �ruzation,OR,sworn to (or 6f Sup ecru e an . , �" . .. before (date) by (name of affiant . # )She is personally known to me or has produced .w .. ,,..w,.w... ................, �,������ __..,...,,.....w,..w .........................w (type of identificati n) as identification, 71 .FOLKSF " p l l . z �u, issanHrt 496287 MyCormrmission Expires: COMMON CARRIER Imo ' AFFIDAVIT F.S. 908.111 pit according to lam c� my oath, under and penalty of perjury, depose and say th° If Contractor is a common carrier,as defined by Section 90 .111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person i an Unauthorized Alien,except to facilitate the detention,removal, or departure oft e person from this state or the United. States. ,.-.., � -�.rrmmmm,rimrimm� mrim....ri ,,.w�.... .... .... ....� (Si nat , Printed Name Date: STATE OF: UU "I"Y 1-°,, , Subscribed and sworn to r affirmed) before me, b by o : hysi, l presence or 0 online otarization, on r�narrue of a t. �S �e s ersonall ,,,,known to rr�e or has rodn.. � ............. y p ed (type of identification) as identification, �"" TIFF IF ,° ., ,.. ......,, o��a' n If�fOTA f. ; I ',y Commission E; pires 0 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LAPOR OR SERVICES Entity/Vendor Vendor ` Ili° Vendor's Authorized Representative: (Name and Title) Address: .... ,,....... pity „mmmr. ; ti _' ,,,,mm,. ��..,,.,rirrrim,.�. w.,.,..ri . State: . ...... _M.� � ..., m,.......mm,.� � zip .y,,,.m� Phone Iu er. �m . Email Address: �� , , ,o r�ry � g � 1 "Cow.. As a nongovernmental ei tity executing,, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 7 7, 5, Florida Statutes. As defined in Section 7 7. (2)(a.), coercion means: L Ting or threa.ting to use physical farce against any person; 2® Restraining, isolating, or confining or threating to restrain, isolate, or confine and person without lawful authority and against her or hiswill; 5. Using lending or rather credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature raft e labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or rather immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud ordeceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule I of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify tinder penalties of perjury that Vendor draw not use coercion for labor or services in accordance with, Section, 787.06. dditionally, Vendor has reviewed Section 787. , Florida Statutes, and agrees to abide by same. Certified y: —_ authorized to sign on behre f of the above referenced company. �iAuthorized Si natiire �print ai �` . ....,. ,� ° ..; ....,_, _ . . __,. ,. . ..... ....W Title:,_-, 21 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: P Y P y INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: P y Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 COMBINED SINGLE LIMIT 1 OOO OOO Ea accident rr X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 OOO 000 X EXCESS LAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under AP 1ST T DESCRIPTION OF OPERATIONS below 10.23.23+�1 � E.L.DISEASE-POLICY LIMIT $1,000,000 BY 7DDT ... _. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Q 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2016777/M1993732 TKM21 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 29, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: C23 5th Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. Funding is Ad Valorem and Fines and Forfeitures. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 cou 00 Kevin Madok, CPA o' RTS A A i M ....L.... Clerk of the Circuit Court& Comptroller— Monroe County, Florida oz COVNSy DATE: May 22, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: May 15, 2024 BOCC Meeting The following item has been executed and added to the record: C4 4th Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to increase the annual agreement amount by $250,000.00, to an annual total of$393,775.00. Funding is Ad Valorem and Fines and Forfeitures. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FOURTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Fourth Amendment to Agreement is made and entered into this 15th day of May 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft e State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2"' Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreement"); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment to the Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00) Dollars, from Seventy Thousand and 00/100($70,000-00) Dollars to One Hundred Thirty-five Thousand and 00/100($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Original Agreement to provide for an annual CPI-U increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Original Agreement to provide for an annual CPI-U increase of 6.5% pursuant tothe Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the of Plantation Key Jail location, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted CPI-U increases and additional locations being added for service. WHEREAS, the Original Agreement, as amended in the Third Amendment, provides in Paragraph 5.E. that the total compensation to the Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless pre-approved work requiring additional funds is implemented; and VMEREAS, there has been unanticipated repairs and/or emergency work at various locations, exhausting teannual agreement amount for this year with four (4) remaining months; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Two Hundred Fifly Thousand and 00/100 ($250,000,00) Dollars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100($143,775.00)Dollars to 1 Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100 ($393,775.00) Dollars; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement;and WHEREAS, the parties find it would be mutually beneficial to enter into this Fourth Amendment tote Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I In accordance with Paragraph 5. E of the Original Agreement as amended, total compensation to the Contractor under the Original Agreement, as amended, shall be increased and shall not exceed Three Hundred Ninety- three Thousand, Seven Hundred Seventy-five and 00/100 ($393,775M) Dollars per year, unless pre-approved work. requiring additional funds is implemented. 2. Except as set forth in Paragraph I of this Fourth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] Z IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. J (SEAL) Y BOARD OF COUNTY COMMISSIONERS �! k. Aitest 'KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA l E Y uv�KJ��''-"-�� By. As%; ierk Mayor Date: _. . _. I 1�1?02q Witnesses for CONTRACTOR: CONTRACTOR: GARY'S PLUMBING AND FIRE, INC. By• Signatur of perso I authorized to 4. atulrej� legally bind CONTRACTOR V/)ql�,q I,A,IV C V1 ,4L 44)7e, P�sidm Date Print Name Print Naj and Title Address: CO� 4 �! + 01 ,Signature FL cW'fc) Date Print Name Telephone Number 39 Date „ , MONROE COUNTY ATTORNEY'S OFFICE V S TC►'' M PATRICIA EASLES ASSISTANT, 'T ORNE" Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A7C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9Y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p Y Key West, FL 33040 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP M LIMITS LTR INSR WVD POLICY NUMBER MMD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 8/13/2023 08/13/2024 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED CLAIMS-MADE LXJ OCCUR PREMISES„-(Ea,occurrence)--„-,,,.-s300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY X X BA4S5617752342G 8/13/2023 08/13/202 COMBINED SINGLE LIMIT Ea accident 1r 000r 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB X X 604BE064231 8/13/2023 08/13/202 EACH OCCURRENCE s4,000,000 X EXCESS LIAB HOCCUR CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 8/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/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 tS,X DESCRIPTION OF OPERATIONS below I - _ E.L.DISEASE-POLICY LIMIT $1,000,000 DRM°S. 10 23 23. �,„_„®.,_,._. WA —. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2016777/M1993732 TKM21 cou 00 Kevin Madok, CPA o' RTS A A i M ....L.... Clerk of the Circuit Court& Comptroller— Monroe County, Florida oz COVNSy DATE: December 4, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: November 8, 2023 BOCC Meeting The following item has been executed and added to the record: F14 3rd Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to increase the contract amount by the CPI-U of 6.5%, renew the Agreement for the second of four(4) optional one-year renewals, add and delete locations, and to add and/or update provisions to allow for the option of requesting, from the Contractor only, a proposal/quote for replacement equipment and associated installation in accordance with the current Monroe County Purchasing Policy. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 THIRD AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This it Amendment to Agreement is made and entered into this 8th day of November 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West, Florida 33040,and GARY'S PLUMBING AND FIRE, INC.,a Floridafor Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2nd Terrace,Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreement"); and WHEREAS, on April 20, 2022, the Board of County Commissioners ("BOCC") approved a First Amendment to the Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00) Dollars,from Seventy Thousand and 00/100($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100($13.5,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Original Agreement to provide for an annual CP1-U increase of 7% pursuant to the Agreement and to renew the term for an additional one-year period; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to provide for an annual CPl-U increase of 6.5% pursuant to the Agreement and to renew the term for an additional one-year period; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to incorporate and include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the Upper Keys' Location at the of Plantation Key Jail; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto in accordance with the current Monroe County Purchasing Policy; and WHEREAS, the Original Agreement, as amended in the First Amendment, provides in Paragraph 5.E. that the total compensation to the Contractor shall not exceed One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars per year, unless pre-approved work requiring additional funds is implemented; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,77 ) Dollars due to budgeted CP1-U increases and additional locations being added for service; and 1 the parties have foundri in i Agreement, as amended, to be mutually beneficial and the Contractoragrees and consents to such revisions in the Original Agreement; n WHEREAS, the ies find it wouldmutually beneficial to enter into this it Amendmente Original t; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the partiesaree asfollows: . In accordanceit a r ph 6 of the Original Agreement, the County exercises the option to amend the Agreement and the amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index I- r all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 6.5°1 with an effective date of November 1, 2023. 2. In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to renew the agreement for the second of four optional one-year periods. This renewal all commence retroactive t November 1, 22 , and ends upon ctoer 31, 22 , unless terminated earlier under another paragraph oft is Agreement. 3. In accordance withParagraph S. D. of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using en unit prices set forth below as follows: Labor—Normal working hours of : a.m.to :00 p.m., Monday throughFriday, excluding oli s: hour,$199.42 per mechanic $299.14 per tar, mechanic plus helper r hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holi s: per hour, mechanic $448.70 perour, mechanic plus helper 4 .57 per hour, mechanic helper working alone or additional helper Parts Cost Plus: 2 Fifteenmark on manufacturer's invoice cost of parts and materials(excluding rei , equipment rental, tax amounts, and services supplied others). Such casts must be documentedr each repair and/or maintenance job included i II Applications for Payment. For invoicing purposes, the hours shoulde calculated in fifteen15) minute increments. The followinguil i s will require: �,u. �............... .....,, ......... ....... ..... �,,,,, One iInspection t to be completed withinthree ( ) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler inspections i r the latest itl f Monroe County Detention Center 5501 College Road cost/yre Key West, FL 3304 . ins a io Harveyenter 1200 Truman Avenue 2,___.-17 - o / ro Key West, FL 33040 L000e00 5 yr. inspection Lester Building 530 WhiteheadStreet 1,1 cost/yr . Key West, Ft 33040 1,000.00 5 yr. inspection MonroeIan Courthouse 502 Whitehead Street $ 1, cost/yr. Annex/OldJail ITESTINGSCHEDULED Key West,FL 3304 AROUND COURT HEARINGS) 1,000.00 5 yr. inspection Marathonoven ent Annex 49 3"Street,Ocean 968.62 cosllyr. Marathon, FL 33050 S 500.00 5 Mr. inspection MarathonJail 3981 Ocean Terrace cast/yr. Marathon, FL 33050 St Q.00 5 r. inspection 3. Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway L1I2212c Ly ® Tavernier, FL 33070 NL& .....5yr. inspection The following buildings will require: One ® Five (5) Year Inspection Test{tab completed within three (3) months of contract commencement), One (1) Annual Inspection, One (1) i® Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Historic Courthouse 500 Whitehead Street $ 1d1 �.04co�str, Key West, FL 33040 �O 0 �Sr. i�ns e c t is n Monroe County Sheriff 552S College Road Lj,��2 1�co s t&r. Administration Bldg. Key West, FL 33040 $_I, �5r.�ins e�ction Dept. of Juvenile Justice Building 5503 College Road 1,880.26 costLyr. Key West, FL 33040 �.00 �5r. in�sectlon Bayshore Manor 5200 College Road jjaL26_ cost tyro Key West, FL 33040 J_LQ2.00 5Arjns2ection Freeman Justice Center 302 Fleming,Street 1,994.21 cost jy r. Key West, FL 33040 $ 1,000.00 5 Mr. inspec ion Murray Nelson Government Center 102050 Overseas Highway $ 968.62 costlyr. Key Largo, FL 33037 S_jQQQ.00_SAr. inspection Monroe County Fire Station No. 17 10 Conch Avenue LMj.26__ costZyr. Conch Key, FL 33050 0�O �Sr. 1 n�se c t i�on 4 Monroe my Fire Station No. 13 390 Key Deer Blvd, Big Pine Key,FL 33043 500.00 5 y . inspection Monroe County Fire Station No 8 61802md Avenue 598.26 cast r. Stock Island, FL 33040 500.00 5 yr. inspection Joe Londonit Training Ac y 56633 Overseas Highway 598.26 c s lyr. Crawl Key,FL 5_500.00 5 yr. i s ctic�n Bernstein Park 67515111 St. J_121.26 costly r. Stack Island, FL 33040 5 5 r. lns ecti n CountyMonroe Fire Station ) 22352 Overseas Highway 598.26 cos!/yr. Cudjoe Key, FL 3042 yr. inspection Marathon i a (new) 49 erseas Highway 59 L26 cast r. Marathon, FL 33050 00.00 5 yr. i s cti WHEN PERFORMING INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT SS Y TO SCHEDULE INSPEC77ONS BEFORE OFAFTER NORMAL BUSINESS HOURS. 4,d. In accordance with Paragraph S. E of the Original Agreement as amended, total compensation to the Contractor under the Original Agreement, as amended, shall be increased and shall not exceed One Hundred Forty- three Thousand Seven Hundred Seventy-five an /1 ( , ) Dollars per year, unless pre-approved work requiring additional is implemented. 51., In accordance with Paragraph 5. F. of the Original Agreement, Major Component Failure or System Breakdown, is hereby amended ta delete Paragraph 5. F.,as set forth in the Original Agreement, and replace it in its entirety i the following paragraph: F. In the event a Fire Protection Service Systems, or any of its major components or parts need to be replaced or repaired due to a major component failure, system breakdown, or upgrade, the County shall have 5 the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto. Approval of such proposals/quotes shall follow the current Monroe County Purchasing Policy. Only after receiving an amendment, if required by the County's Purchasing Policy, and/or a notice to proceed from the County, shall the Contractor proceed with these additional services as noted herein. 6, Except as set forth in Paragraphs I through 5 of this Third Amendment to Agreement, in all other respects,the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 6 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS [t t� Ry ADOK, CLERK OF MONROE COUNTY, FLORIDA a� J " eput Cleric Mayor Date: ti ) C Witnesses for CONTRACTOR: CONTRACTOR: ry GARY'S PL BING AND FIRE, INC. p y' By: - Signatu4 of person authorized to Signat legally bind CONTRACTOR j()j;q --1-1 J,;� I I'ffan q Folks GVLOCl2/16U, &51de4k Date Print Name Print Name and Title rj ex- -7 t Address: &Y(p ,( t� ign re FL 3 30Lto v05-- c9L7 (x 013 Date Print NanV Telephone Number Date MONFIM COUNTY ATTORNEYS OFFICE D�AS To PAMICIA EABLES ASSISTANT G7024 nA,T�Q 7RNEY PATE: „ / Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A7C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9Y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p Y Key West, FL 33040 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP M LIMITS LTR INSR WVD POLICY NUMBER MMD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 8/13/2023 08/13/2024 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED CLAIMS-MADE LXJ OCCUR PREMISES„-(Ea,occurrence)--„-,,,.-s300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY X X BA4S5617752342G 8/13/2023 08/13/202 COMBINED SINGLE LIMIT Ea accident 1r 000r 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB X X 604BE064231 8/13/2023 08/13/202 EACH OCCURRENCE s4,000,000 X EXCESS LIAB HOCCUR CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 8/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/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 tS,X DESCRIPTION OF OPERATIONS below I - _ E.L.DISEASE-POLICY LIMIT $1,000,000 DRM°S. 10 23 23. �,„_„®.,_,._. WA —. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2016777/M1993732 TKM21 , Clerk of the Circuit Court& Comptroller— Monroe County, Florida Kevin Madok cpA DATE: 0ctober 6, 2022 TO: Alice Steryou Contract Nlonitoi- FROM: Paniela G. I laiic(i kj, ).C. SUBJECT: Scl)tciiil)ei- 21" 110CC Meeting Attaclic(I arc cicctroiil(, copies oftlic following items for tour haii(Iling: C15 Agri-cement mtli'l'owei- Pest Control, Inc., for IA)%%,cr Keys Pest Control Smicesat Counts' facilities witli an annual aniount not to cxcee(I $29,000.00. Funding is ad valorem. C21, 211(1 Amendment to Agi-eeniciit witli (;ar),'s Plumbing and Fire, Inc., for Full Mal'ntcnaiice Fii-c Protection Scnices at County facilities to increase die contract aniount by (lie CP1-U ol'7% and roue v the Agri-ecniciit for the first of lour optional one-year renewals. Funding is act valorem. Slioul(I you liavc auy(Iticstious please I'cel lire to contact iiie at (305)) 292-135 J50. cc: County Attorney Flualice File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 3300 Marathon, Florida 3300 Plantation Key, Florida 33070 SECOND AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Second Amendment to Agreement is made and entered into this 21st day of September, 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 GARY'S PLUMBING AND FIRE, INC.,a Floridafor Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2"d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Services(hereinafter"Original Agreement");and WHEREAS, on April 20, 2022, the BOCC approved a First Amendment tote Original Agreement to increase the annual agreement amount by Sixty-five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100($135,000.00) Dollars; and WHEREAS,the parties desire to amend the Original Agreement to provide for an annual CPI-U increase of 7% pursuant tot Agreement and torn the term for an additional one- year period; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find it of be mutually beneficial to enter into this Second Amendment tote Original Agreement; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to amend the Agreement and teamount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPl-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 7%with an effective date of November 1, 2022. 2. In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to renew teagreement forte first of (4) four optional (1) one-year periods.This renewal shall commence on November 1, 2022,and ends upon October 31, 2023, unless terminated earlier under another paragraph of this Agreement. 1 3. In accordance with Paragraph 5 D of the Original Agreement, the cost of or used by the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor—Normal working hours of 8:00 a.m.to 5:00 p.m., Monday through Friday, excluding holidays: $187.25 per hour, mechanic $280.88 per hour, mechanic plus helper $93.63 per our, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $280.88 per our, mechanic $421.31 per hour, mechanic plus helper $140.44 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent(15%)of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The following buildings will require: One (1), (5) Five (5) Year Inspection Test (to be completed within three (3) months of contract commencement), One (1)Annual Inspection and flow test of the Fire Pump, One (1) ® Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: -1-1111111111-................. ...................................................... ..................... ...... ..................... Monroe County Detention Center 5501 College Road a Z L.00 .20—silh t—r. Key West, Fl.33040 3,000.00 5 yr. inspection Harvey Government Center 1200 Truman Avenue $ 1,979.50 cast/yr. Key West, FL 33040 $ 1,000-00 5 yr. inspection 2 Lester Building 530 Whitehead Street S 1,096.75 —costLyr. Key West, FL 33040 1,000.00 r. inspection Monroe County Courthouse 502 Whitehead Street 1,096.75 cos!Lyr. Annex/Old Jail{TESTING SCHEDULED Key West, FL 33040 AROUND COURT HEARINGS) 1,000-00 5 yr. inspection Marathon Government Annex 490 63"1 Street,Ocean S 909.50 costLyr. Marathon, FL 33050 r. ins e c t�io n Marathon Jail 3981 Ocean Terrace 909-50 costJyr. Marathon, FL 33050 $500-00 Syr.inspection The following buildings will require: One(1), Five(5)Year Inspection Test to be completed within three (3) months of contract commencement), One (1)Annual Inspection, One(1)Semi-Annual Inspection, and Two(2)Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: —.-.......................................................................... ..................................................................................................... Monroe County Historic Courthouse 500 Whitehead Street 7�5c o s�tr, Key West, FL 33040 $ 1,000.00 5 yr.insgection Monroe County Sheriff 5525 College Road Administration Bldg. Key West, FL 33040 $ 1,000.00 5 yr.ins echo Dept. of Juvenile Justice Building 5503 College Road $�65�.50 costlyr. Key West, FL 33040 L1Q2g.00 51r.inspection Bayshore Manor 5200 College Road Key West, FL 33040 S 500.00 5 yr.inspection 3 Freeman Justice Center 302 Fleming Street 51,872-50 cost/vr. Key West, FL 33040 1,000.00 5 y[. inspection Murray Nelson Government Center 102050 Overseas Highway Key Largo, FL 33037 1,000.00 5 yr. ins pec ion Monroe County Fire Station No. 17 10 Conch Avenue J.�.75_cos�tr. Conch Key, FIL 33050 $ 500.00 5 yr.inspection Monroe County Fire Station No. 13 390 Key Deer Blvd. $ 561.75 cost&r. Big Pine Key, FL 33043 $ 500.00 5 Mr.inspection Monroe County Fire Station No 8 6180 2nd Av. 561.75 costly. Stock Island, FL 33040 $ 500.00 _5 yr. inspection Joe London Fire Training Academy 56633 Overseas Highway S 561.75 costlyr. Crawl Key,FL � 500.00 5 yr. Bernstein Park 6751511 St. 5)1.75cost&r. Stock Island, FL 33040 $ 500,00.................5,yr.,ins pection Monroe County Fire Station No. 11(new) 22352 Overseas Highway $ 561.75 cost/yr. Cudjoe Key, FL 33042 $ 500.00 5 yr.inspection Marathon Library(new) 3490 Overseas Highway Marathon, FL 33050 � 500-00 WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT MAYBE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OFAFTER NORMAL BUSINESS HOURS. 4 a Except as set forth in Paragraphs 1,2®and 3 of this Second Amendment t Agreement,in all ether respects,the terms and conditions set forth in the Original Agreement,as amended,remain in full force and effect" `Y t " I"i SS ,the parties hereto have set their hands an seals the day and year L n BOARD OF COUNTY COMMISSIONERS tCLERK COUNTY, FLORIDA „ a a "w,m a��w ��� �� � ....,�.. .. .............. By: s Deputy Clerk Mayor Witnesses for CONTRACTOR: CONT CT OR: GARY' LUMBI AND FIRE, I , By: Signatu of person authorized to Signature legally bindCONTRACTOR Date Print Name _ Print�Na �and ide Address:,. ,,,,,,,,,,,n Signature _. ...... ....... .... mmm....... ........� �, , w . ,„" " Date Print Name Telephone Number m Date A`Fr °s QMCE ASSISTANTPATWMEASUES / Tr 5 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: May 3, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissv Collins Executive Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: April 20th BOCC Meeting Attached is an electronic copy of the following itein for your handling: C 19 1 st Arnendrnent to Agreement with Gary s Plumbing and Fire, Inc.,for Full Maintenance Fire Protection Sei-N11ices at County facilities to increase the annual not to exceed contract amount from $70,000.00 to $135,000.00 due to unanticipated repairs and to correct the Notice provrision. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FIRST AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This First Amendment to Agreement is made and entered into this 20th day of April, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2nd Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Services (hereinafter"Original Agreement"); and WHEREAS, the Original Agreement provides in Paragraph 5.E. that the total compensation to the Contractor shall not exceed Seventy Thousand and 00/100 ($70,000.00 Dollars, unless pre-approved work requiring additional funds is implemented; and WHEREAS, there has been unanticipated repairs and/or emergency work at various locations, exhausting the annual agreement amount for this year with six(6) remaining months; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Sixty-five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, the CONTRACTOR agrees and consents to such revision in the Original Agreement; and WHEREAS, the parties find it of be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 5.E. of the Original Agreement, total annual compensation to CONTRACTOR under the Original Agreement shall be increased and shall not exceed ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 ($135,000.00) Dollars per year, unless pre- approved work requiring additional funds is implemented. 2. Paragraph 19, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended to delete the current Paragraph 19, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 1 19. NOTICE REQUIREMENT 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 sent by 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: FOR COUNTY: FOR CONTRACTOR: Monroe County Gary's Plumbing and Fire, Inc. Facilities Maintenance Department Attn:Gary Centonze, President 123 Overseas Highway, Rockland Key 6409 2"d Terrace,Suite 1 Key West, FL 33040 Key West, FL 33040 ra and -� County Attorney 111112th Street, Suite 408 Key West, FL 33040 3. Except asset forth in Paragraphs 1 and 2 of this First Amendment to Agreement;t all other respects, the terms and conditions set forth in the Original Agreement remairpn full fore and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 1 83 ( BOARD OF COUNTY COMMISSIONERS a VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA C��tiry iM tl , By: Deputy Jerk or Date: ZU Zf�2 MONROE CdUN1Y ATrORNS OFFICE. 2 OAS TO E�P 0 M , PASHOAMM aSststaW /0 /2�22 Witnesses forCONTRACTOR: GARY'S L MING AND FIRE, INC. By- Signatu of persJnauthorized t Signature legally b �d CONTRACTOR Date Print Name Print Nai a and Title Address. Signature 13 Date Print Name Telephone Number Date 3 AC"" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 04/05/2022 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 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: Amanda Katullch FAX PGI of West Central Florida,LLC PHONE(A/C,No,Ext): 941-242-9619 (A/C,No): 941-242-9621 3809 E SR 64 ADDRESS: Amanda@pgiofwestcentralflorida.com INSURER(S)AFFORDING COVERAGE NAIC# Bradenton FL 34208 INSURERA: Bridgefield Employers Insurance Company 10701 INSURED INSURER B Gary's Plumbing and Fire,Inc INSURERC: 6409 2nd Terrace INSURER D: Ste 1 INSURER E: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ED— CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: �w GENERAL AGGREGATE $ POLICY PE D LOC �! k PRODUCTS-COMP/OP AGG $ OTHER: a ,� _ $ AUTOMOBILE LIABILITY (Ea(Ea accident) $ ANY AUTO ATE__4_,,,i,_2.0_2-2—^^---'"""m"^"'"""""' BODILY INJURY(Per person) $ ALL OWNED SC A HEDULED C _ '" —, BODILY INJURY(Per accident) $ AUTOS AUTOS WAMMC NON-OWNED $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- X STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N N/A 830-52315 02/06/2022 02/06/2023 (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,may be attached if more space is required) 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 St. AUTHORIZED REPRESENTATIVE � Key West FL 33040 �`7`9�'Zl.PCt? 7T1 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Client#:66814 GARPL =DATEfODlYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE021 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. _ cats holder Is an ADDITIONAL ENSURED,the pollc ies)must have ADDITIONAL INSURED provisions or be IMPORTANT:If the certificate ....._. y(- p 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 any rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER NAMV� nda Acrisu a dba Gulfshore Ins-SF HONK 239 659-8 67 ey m��AN ,No,: 239 213 2803 4100 Goodlette Rd N E-MAILMAL Alisenbey@gulfshoreinsurance.com ' ' '' ......_... . _ w Naples,FL 34103 _ INSURER(S)AFFORDING COVERAGE NAIC k 239 261-3646 INSURER A:Obsidian Specialty Insurance Company 1 p y 6871 INSURED INSURERS:Commerce&Industry 19410 Ga 's Plumbing and Fire,Inc. _In __..._ ry g I INSURER c:The Travelers Insurance Company 36137 6409 2nd Terrace,Suite 1 INSURER D: Key West,FL 33040 INSURER E .. .., �.... .._.... INSURER F COVERAGES CERTIFICATE NUM'BERt 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 CONTRACTOR 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. INS TYPE OF INSURANCE - JV IiL L SUBR POLICY- POLICY EFF POLICY EXP LTR _. IN R WVD NUMBER (MNUDgdY I (MmMftNDI..�rML ._...._.•. LIMITS 000000 _C CLAIMS-MADE OCCURRENCE-.n.. $100,0 0 RENTED �I_. S10o,00a A X X X PTCGL000000D7800 8/13/2021 08/131202 EA C RRENC�rence X BI/PD Ded:2,50011 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY E1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE _ s2,000,000 II PRO GG 52,000,000 POLICY X•JECT I LOC PRODUCTS-COMPIOPA s . AUTOMOBILE _. .. a11312021 ., iA _m ANr AUTouBIL� X X BA4S5617752142G LIMIT �� � 08l131202 � Ea ncKxieallr COMBUI TI Nperson) S SODILY INJURY P.mm, OWNED SCHEDULED BODILY INJURY(Per actident) s AUTOS ONLY AUTOSHIR PROPERTY OHMAGE X AUTOS ONLY X AUTOS ONLY (I?*r arxw ndN S s BUMBRELLA LIAR X I OCCUR X X BE049327143 8/1312021 08/1312022 EACH OCCURRENCE E5 000 00, 0� ....X, EXCESS LIAR CLAIMS-MADE AGGREGATE ..... f5.000,000 _----._ WORKERS COMPENS MPLOYERS"LIAIBIL 5 s ATION 1r7-1 ;77: PER OTH ---.....- .�. RETENTION : E.L,EACHANDE rrY ytlT0 6rrEFNMEIMBEPEXCCLUDED�ECUTIVEY! I NIA W' _ ACCIDENT ! _ (Mandatory In NHW — ,�,.�.� 1 . 5 . 2 2 1 E.L.DISEASE-EA EMPLOYEE S 1[yyes,d"Urme under - -� •••• DESCRIPTION OF OPERATIONS below .� ,, *^^"", "' "" E.L-DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached U more space Is required) Monroe County Board Of County Commissioners is included as Additional Insured in regards to General Liability,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract perform CAF079 0817 Including Waiver of Subrogation.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe County Board Of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. C/o Purchasing Department 1100 Simonton St.Rm.2-213 AUTHORIZED REPRESENTATIVE Key West,FL 33040 --t>1.. -.Cp ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17241781M1718211 AHL18 FULL MAINTENANCE FOR MONROE COUNTY, FLORIDA This Agreement is made and entered into this 20th day of October, 2021, between MONROE COUNTY, FLORIDA("COUNTY"), a political subdivision of the t t f Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBINGFIRE, INC., a Florida Profit Corporation, authorized to do business in the tate of Florida, ("CONTRACTOR"), whose addressis 6409 2 n'Terrace, Suite 1$ Key West, Florida 33040. COUNTY desires to contract for the performance f the r services scribed in Exhibit"A", and WHEREAS, CONTRACTOR desiresto and is ableto perform the rk or services described in attached Exhibit" ®§; and it serves a legitimate public purpose for CONTRACTOR to perform the work or services, as described in attached Exhibit"A,"for Monroe County® ® IN CONSIDERATIONof the mutual promises and covenants contained herein, it is agreed as follows-, I THE AGREEMENT The gr em nt consists of this document, the Request for Proposals (" F ") documents, exhibits, any addenda,the response to the F B and all required insurance documentation, only. 1 SCOPE OF WORK The cope of Work shall include, but not be limited to, all work and / or services i Fi n and listed in Exhibit " , which is attached hereto and made pert hereof. The Contractor is required to provide ompi t job as contemplated by this Scope of Work. The Contractor shall furnish ii labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or, work necessary or proper for performing ,and completing the Scope of park, unless otherwise specificafly stated.. 3. PERSONNEL Communicatiloin between the County Representative and the ointru tor°s parsoninel its very important,. 'Therefore,the Contractor must ubuir that at le,ast one (1)of its personind per building can cornmunicate well in the English language witlhu the Couinty Representative. Any emplo,yee haired by the Contractor o iip Ibe the Contractor' ernployee I and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel,onnel, however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all turner while on duty. BACKGROUND4. _ / FINGERPRINTING Contractor employees must consent to Level One background checks and the results r to be provided to the County within thirty ( ) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employe should arise. The ounty" Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities MaintenanceDirector or his designee of all new hire and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, workers compensation insurance, and benefits. Some ill be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks including at a minimum: A. Warrants check; B. Fingerprints„ C. Local Records check, D. Prior employment check; and E. Criminal History check are required ofContractor's personnel that will enter Monroe County Sheriff's Office ("° °") facilities. Background checks on such personnel will be conducted by the MCS0. MCSO y prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSQ poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will 'imrnediateliy discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any fsc'illity operated by the MCSO,. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County inirnediately upon becorning aware that one of its employees or subcontractor's employees, who previously completed the background check, is subsequently arrested or convicted of any crime. alllur'e by Contractor to notify County of such arrest or conviction within fouy-eigght ) hours of baling put on notice by 2 the eo ployeelsu eontr otor and/or within five ( ) days of its occurrence h ll constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. CONTRACT5. A. Monroe Coon ' performance and obligation to pay under this Agreement i contingent upon an annual appropriation by the Board of County Commissioners (" "). County shall pay in accordance with the Florida Local Government Prompt Payment Act and MonroeCounty Code, payment ill he rnade after delivery and inspection by County and Upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices no later than twenty-five ) days after inspections/repair inspections/repairs with supporting documentation acceptable to the Clerk. Five Year, Annual, Semi-Annual, and Quarterly inspections shall he submitted in arrears with supporting reports. If any major deficiencies ar found, the County must be notified in writing within forty-eight( ) hours, otherwise reports must he submitted within fifteen( ) days of inspection date, Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. oo ptahility to the Irk is based on generally accepted accountingprinciples and such laws, rules, and regulations may govern the Clerk's disbursal of funds. Monroe County's County' Fiscal Year is October 1"through September 1. All outstanding invoices must be submitted for payment within ten (1 ) days of the end of the Fiscal Year to avoid non-payment for those services. C. The County shall pay the actual coat of party and materials, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer, plus fifteen percent (15%)9 to fulfill the obligations of the Contract. Freight, equipment rental, tag amounts, and services supplied by others shall he reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. The cost of labor used by the Contractor to fulfill the obligation of the Contract will he calculated using the unit prices set forth in theContractor's hid as follows: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $175.00 per hour, mechanic $262.50 per hour, mechanic plus helper $87.50 per hour, mechanic helper worWnig done or additional Ihelper Overtime rate for hours, other than the normal working hours as ;Mated above, including holidays: $262.50 per hour, mechanic 3 $393.75 per hour, mechanic plus helper 131.25 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteenr t % f mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such cosh must be documented for each repair and/or maintenance job and included with all Applications for Payment. The following buildings ill require _�...., ......_.......... _. n ( , Five ( r Inspectiont t bcompleted within three (3 nth f contract commencement), One (1) AnnAnnual Inspection andflow t of the Fire Purnp, Sevni-Annual Inspection, nQuarterly fire sprinkler inspections ntesting r the latest iti of Monroe County Detention Center 5501 College oad 3y cost/yr. Key West, FL 33040 r. ins cti n Harvey Government Center 1200 Truman Avenue J1,g50.00 cost r. Key West, FL 33040 $ 1,000.00 5r® 22c—ticLn Lester Building 530 Whitehead Street U25.00 cost/yr. Key West, FL 33040 00 5 vr. inspection Enron County Courthouse 502 Whitehead Street 5.00 cost/fir. Annex/Old tail (TESTINr,sCHEDULED Key West, Ft.33040 AROUND C uK Ha,AWNGS) IVlaricithon Government Annex 490 63rd Street, Ocean 5 n 2 st rye Marathon, FII.33050 ......ai ,. 50o r. insp��r�tion 4 Plantation Key Jail 53 High Point Road 1,45 .00 cost r. `Tavernier, FL 33070 1 0 Syr. inspection Marathon Jail 3981 Ocean'Lerrace 850.00 costlyr. Marathon, FL 33050 $500-00 5_yr. inspection The following buildings will require; m u .. ._._.._. ........ ...._....... .....m m .....__.__ ....... _..................... One (t), Five (5) Year Inspection Test t0 be completed within three ( ) months of contract commencement), Annual Inspection, Semi-Annual Inspection, Quarterly tiro sprinkler system inspections testing r the latest edition rrnroe County Historic Courthouse 500 Whitehead Street 1,0 5.00 cot yr. Key West, FL 33040 1,000.00 5 yr, in p flon Monroe County Sheriff 5525 College Road ,750.00 cost/yr. Administration Bldg. Key West, FL 33040 u000.00 5 yr. inspection Dept. of Juvenile Justice Building 503 College Road 1,650.00 cost r. Key West, FL 33040 1,030.00 5 yr, inspection ays care manor 500 College Road 5.00 cs &r. Key West, FL 33040 500.00 5 yr. inspection Freernan histice Center 302 Fleming Street L 1750.00 cost r Key West, FL 33040 1 000.00 5 rn in�� ect'in Murray Nelson Government Center 102050 Overseas Highway 50-0 cp—St r., l ey Largo, FL 33037 000600 5 r, iris ectin 5 Monroe County Fire Station No. 17 10 Conch Avenue 525Q0 c st yr. Conch Key, FL 33050 500.00 5 yr.ja§RggtjM MonroeCounty Fire Station No. 13 390 Key Deer Blvd. 5 5,60 _ c st&r, Big Pine Key, FL 33043 500.00 5 yr,inspection Monroe Canty Fire Station No 8 610 2a . 525.00 cstyra Stack Island, FL 3300 500.00 —5-yr.ins c ion Joe London Fire Training Academy 56633 Overseas Highway 525.0 c st yr. Crawl Key, FIL 00.00 5 yr. inaction Bernstein Park 675 5"'St, 525.00 cos yr. Stack Island, FL 3300 500.00 5 yr.inspection Monroe Cony Fire Station No. 11 n 22352 Overseas Highway 525.00 C05111r. Cudiae Key, FL 3302 500.00 5 yr.iris cti n Marathon Library (new) 3490 Overseas Highway 525.00 cost yr. Marathon, FL 33050 00.00 5 yr. inSDection WHEN PERFORMING AT UAL INSPECTIONS FOR SOME MONROECOUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT Y BE NECESSARYTO SCHEDULE INSPECTIONS BEFORE OFAFTER NORMAL BUSINESSHOURS. The trAW quarterly service ar ount 0t the contract shall 5a Five Thousand -rhrea Hundred d 'sixty-eight and 75/100 ' 5, 55..75) Dollars.,for an annual inspections amount of Twenty- ne Th0uaa d Four Hundred Seventy-five and 00M 00 (' 1,4' 5r00) Dollars. 'The Natal for one (1), Five (5) Year inspection for ail buildings lusted herein shall be in the amount Of Seventeen "l-h usand and 00/ 00 ( 't7,000e00) Dollars. 6 Contractor shall submit all invokes ft the I afn ort form attached heretoa it "BB"and made a part hereof. There shag be no additional charges to the Owner for travel, mileage, meals, or lodging. Contractor ff submit itemized invokes in writing. E. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Seventy Thousand an 0/1 ( 7 , gi .g ) Dollars, unless pre-approved work requiring additional funds is implemented. P. Major Component Failure or System Breakdown In the event of a major component failure or system breakdown,n, the County, shall have the option to request from the Contractor only, a proposal/quote for replacement quiprn nt in an amount that could exceed Five Thousand and /1 g ( 59 g .g ) Dollars.Any proposal over Five"Thousand n 001100( 5p0 . )Dollars, up to and including Ten Thousand and00/100 ( 1 ® g. 0) Dollars, roust be approved and signed by the Division Director andfor the County Administrator. Any proposal over Ten Thousand and /1 0 1 , 0® ) Dollars, up to an including Forty-nine Thousand Paine Hundred Ninety-nine an 9/1 ( g, .g ) Dollars, roust be approved and signed by the i ision Director and the County Administrator. 6. TERM OF AGREEMENT This on (1)year Agreement shall commence on November 1, 2021, and ends upon October N 2022, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional four( )one- year periods on terms and conditions mutually agreeable to the parties, exercisable capon written notice given at least thirty (3 ) days prior to the end of the initial terra. unless the context clearly indicates otherwise, references to the "term"of this Agreement shall mean the initial terra of one (1)year.The County is not required to state a reason if it elects not to renew. The Contract amount may 5e adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. ureau of Labor Statistics and shall be based upon the PI-U computation at December 31 of the previous year. 7. LICENSES Contractor has, and shall Imaintain throughout the term of this Agreement, appropriate licenses. Proof of such llicenaea shall be submitted to the County upon execution of this Agreement and annually thelreafter or upon arty renewal. 8. 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 7j years from the termination of this Agreement or five years from the submission of the final expenditure reports 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. 9. RIGHT TO_ l uracfa dity of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, did recaps, bidding instructions, bidders list, etc.); original estimates, estimating work sheets; correspondence-, change order files (including documentation covering negotiatedsettlements); hackcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates nd dividends,- any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County 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 god site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (f u )years after (Final Completion of the Project. The County lark possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. Of any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement re spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55. 3, F. ., running from the ate the monies were paid to Contractor. The r4ht to audit provisions survives the termination of expiration of this Agreement. PI Pal C.E. Contractor must comply with Florida public records laws, including but not lirnited to Chapter 1 9, Florida Statutes and Section 24 of Article O of the Constitution of Florida. The� ounty and Contractor shall alloy and permit reasonable access to, and inspectlon of, all documents, records, papers, (letters or other"'public record" materials in its possess loin or under its control subject to the provisions of Chapter ll 1 g, F'lorida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The 8 County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the fora of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all ttorn y's fees and cosh 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 La in order to comply with this provision. Pursuant to Isla. 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 orunty' 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 coat provided in this chapter or as otherwise provided by law. (3) EEnsure 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 terra and following completion of the contract if the contractor does not transfer the records to the Coin ( 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 pt 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 ounty's custodian of records, in a format that is compatible table ith the information technology systems of the County. ( request to inspect or copy public records relating to a County contract must be mad 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. If the Contractor does not comply with the County's request for records, the COLIVAY shall enforce the public records contract provisions in accordance with the contract., notwithstanding the County°s option and right to unilaterally cancel this contract Upon violation of this provision by the Contractor. A Corutractor who fails to pirovide the public records to the County or puirsruant to a valid public records request within a reasonable time may be , unubjed. to penalties under Section 119.1 , 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 y law. IF THE CONTRACTOR HAS STIONS REGARDING THE APPLICATION OF CHAPTER I RIDA STATUTES T H CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT ACT THE CUSTODIAN OF PUBLIC - - BRI NROE COUNTY OFFICE. H STRE KEY WEST. FL 33040. 1. HOLD HARM LESS,_114DEMI TI g DEFENSE, ANDINSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, nd hold the County and the orun "s elected and appointedofficers and employes 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 (iil) any costs or expenses that may e asserted against, initiated with respect to, or Sustained by, any Mernnified party by reason of, or in connection with, ) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, ( ) 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 ) Contractor's default in respect of any of the obligations that it undertakes sunder the terms of this Agreement, except to the extent the claims, actions® causes of action, litigation, proceedings, costs or expenses arise-frown the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invites (other than Contractor). The monetary lirnitation of liability sunder this Agreement shall he equal to the dollar value of the contract and not less than 1 million per occurrence pursuant to Section 725-06, Florida Statutes. The limits of liability shall he as set forth in the insurance requirements included in this paragraph. 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 r erm nt,this section will survive the expiration of the term of this Agreement or any eawlier termination of this Agreement. In the event that the cornplefion 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 frown any and all increased expenses resulting from such delay. Should any claims he asserted against the Goijinty by virtaue of any deficliency or airnhir u'ity iin the plans and specifications pro ilded by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall 'indemnify it from all losses occurring thereby and shall further defend any claim or action on the ou.unty's behalf, t 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 causefor immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance Indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. here applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee'sLiability coverage in the arnouunt of 1 0, 00-00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE UT ILE VEHICLE LIABILITYINSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liabiI4 of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all own.d vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided,the minimum acceptable limits re $20.0s000.00 per person, $30.0 000.00per occurrence, and property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than ,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES 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 ( 0) 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 h ll be primary insurance with respect to the County, its officials, employees, agents, and volunteers. COMMISSIONERSMONROE COUNTY BOARD OF COUNTY CERTIFICATEf PPOLICIES COMPENSATION. 12. NON-WAIVER OF IMMUNITY, I otu lthatand'ing the provisions of Sec. 768-28, Florida Statutes„ the participation of the County and Contractor lin tHs greerment and the acquisition of any icomimericial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any greerneint entered Into by the County be irequired to contain any provision for waiver, . INDEPENDENT CONTRACTOR 000000................................o.. o� t all times and for all purposes under this Agreement, Contractor is are independent contractor and not an employee of the Board of County Commissioners of Monroe Count . No statement contained in this Agreement shall be construed so as to fire' Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NON DISCRIMt NATION NTRACTOR and COUNTY agreethat there iii 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 agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These se include but are not limited to: 1) Title ii of the Civil Rights Act of 1964 (ip -3 ) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, avid 1 -1 ), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC a. 4), which prohibits discrimination on the basis of handicaps; 4) The iscrimin tion Act of 1975, as amended (42 USC ss. 1 1- 1 7) which prohibits discrimination on the basis of ; ) The Drug Abuse Office and Treatment Act of 197 ( L 2-2 ), as amended, relating to nondiscrimination on the basis of drug abuse; ) The ompr h nsiv Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of `6 7g ( L 91- 1 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC sso 0dd-3 and 2 ee-3), as amended, relating to confidentiality of alcohol and drug tense patient records; )Title Vill of the Civil Rights t of 1 (42 USC s. 3601 at seg.), as amended, relating to nondiscrimination in the sale, rental or financing of housing-, 9)'The Americans with Disabilities Act of 1990 (4 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 149 Article 91, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the T" T , in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F,R. Part, 1964-1965 Comp., p. 39), as amended by Executive Order 11375, Amending ExecutiveOrder 11,246 Relating to Equal Employment Opportunity, and imlplernenting regulations at 41 G.F.R. I art g (Office,of federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2C.F.R. IPart 200, Appendix 11,1 C, agrees as follows 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity„ or national origin. The Contractor will take affirmative action to ensure that applicants are empio', edp and that empioyaes are treated di.uring employment, Wthout regard to their race, color, religion, sex, sexual 1 orientation,gender identity, or national origin. Such action shall include, but net 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. ) 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. ) The Contractor will not discharge or in any ether manner iscriminat inst 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 prevision 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 net otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigations proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the ootr ctoes legal duty to furnish information. ) The Contractor will send to each labor mien 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 bander this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ) 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. ) The Contractor will furnish all information and reports required by Executive Order 11,24.6 of September , 1965, and by the rules, regulations, and orders of the Secretary of Labor, or (pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascerrtaln compliance with such rules, regulations, and orders. ) In the event of the Contractor's noncompliance with the inondiscriminiation clauses of this contract or with any of the said rules, regulations, or orders, this 1 contract may be canceled, terminated r suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assi t d construction contracts in accordance with procedures authorized in Executive Order 11246 f September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 f September 24, 1965, r by rule, regulation, r order of the Secretary of Labor, or as otherwise rovi y law. The Contractor will include the portion of the sentence immediately preceding paragraph 1 p and the provisions of paragraphs (1) through ) in every Subcontract r purchase s 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 suctions 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 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. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations tions 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 assigneeor subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided fur therein, sruch approval shall in no manner or event be deerned to impose any additional obligation upon the Board. 16. COMPLIANCE WITH LAW AND LICENSEI In providing all services/goods pursuant to this Agreement, Contractor shall snide 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 n of said st tut s, ordinances, rules, and regulations ,shall constitute material breach of 'this Agreement ,and shell entitle the Board to 'terminate this Agreement. Contractor shall pOssI ss proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE I 'FIL.I T OF I " I ' ° 4 Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract„ as provided in Sec. 112.311, et. seq., Florida 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 112.313, Floridat tut s, regarding, but not limited to, solicitation or acceptance of gifts-, doing business with one'sagency; unauthorized compensation, misuse of public positions conflicting employment or contractual relationship, and disclosure or use of certain information. No Solicit tion/ yment. County and Contractor warrant that, in respect to itself, it has neither mplo nor retained n company or person, other than a gone fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bonafide employee working solely for it, any fee, commission, percentage„ gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision„ the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor sell not pledge the oudunty's credit or make it e 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 RE IREMENT ll 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 shell be sent by United States Mail, certified, return receipt requested„ posh pre-paid, or by courier with proof of delivery. The place of giving Notice small remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTORwhen 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 he sent to the following persons FOR CO INT : FOR CONTRACTOR: Monroe County Oery's Plumbing and Fire„ Inc. Facilities Maintenance Department Attn. Cary Centon e„ President 3583 S. Roosevelt Blvd 6409 21,d 'Terrace„ Suite f Key West, FL 33040 ley West, FL 33 and 15 County Attorney 1111 1211" Street, Suite 408 Key West, FL 33040 201. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the oun °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 ou,unty' Tay Exemption Number in securing such materials. ontr ctor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. . TERMINATION _ A. In the vent that the CONTRACTOR stall be found to be negligent in any aspect of service, the UN h ll have the right to terminate this Agreement after five (5) days" written notification to the ITT T . B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty ( ) days' written notice of its intention to do so. C. Termination for Cause and ornodio u In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTORshould CONTRACTOR fail to perform the covenants heroin contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five ( ) calendar days'' notice and provide the CONTRACTOR itl n opportunity to cure the r ch that has occurred. If the broach is not cured, the Agreement will be terminated for cause. If the terminates this regiment with the CONTRACTOR, COUNTY shall pay CONTRACTOR the um duo the CONTRACTOR under this roornont prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the rightto assert and seek an offset for damages cued by the breach. The maximum amount duo to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue claim for violation of the U T ' Falsel ims Ordinance, located at Section -221 of ai. of the Monroe County Code. Termination for Convenience: The COUNTY imay torrnlin t u this Agreement for convenience, t a ny time, upon sixty ( ) days' notice too CONTRACTOR. If the COUNTY terr6inates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this ireerneint prior to termination, unless the cost of completion to the COUNTY exceeds the 'funds rernainlinig in the contract. The maximum amount due to CONTRACTOR ishall snot exceed the spending cap in this Agreement. E. For Contracts of any amount, of the County determines that the Contractor/Consultant s subrnifted a false certification under Section 2 7.135(5)g Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in boycott of Israel, the County shall have the option of (1) terminating the r me nt after it has given the Contractor/Consultant written notice and an opportunity t demonstrate the agency's t rmin tin of false certification was in error pursuant Section .13 ( )( ), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 7.135( )g Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false rtifi tin under Section 7.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum r y Sector List, or been en d in business operations in Cuba r Syria, the County shall have the caption of (1) terminating the r ru nt after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination f false certification was in error pursuant to Section 2 7.135(5)( )g Florida Statutes, r(2) maintaining the Agreement if the conditions of Section 7.135( ), Florida Statutes, are met. 22. GOVERNING LAW, ii This r ra nt shall be governed by and construed in accordance with the laws of the State of Florida applicableto Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is institute '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 administrativebody in Monroe ou nt , Florida. The Parties i their rights to trial 5y jury. The County and Contractor agree that, in the event of conflicfing interpretations of the terms r a term of this Agreement 5y or between any of them the issue shall 5e submitted to mediation prior to the institution of any other administrative or legal proceeding. 23. MEDIATION 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 f Civil Procedure and usual and custoirriary procedures reclOred Idy the circuit court of Monroe County. 2 . SEVERABILITY If any terra, covenant, condition or provision of th'i r rrn nt (orthe appHication thereof t o any circuirristanice or pram) hall be declared Invalid or unenforceableto any extent y a court of competent )udsft i ng the r rnainin 'terms,s, covenants, conditions and provisions of tNs Agreement, shall not be affected thereby; and each remaining turn, 1 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, coven ntcs, conditions and provisions of this Agreement would prevent the accomplishment f the original intent of this Agreement. The urn nd Contractor agree to reform the Agreement to replace any stricken provision with a validprovision that comes as close as possible to the intent of the stricken provision. 25. ATTORNEY'S FEES AND COSTS County n ntr tr agree that in the vent 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'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 OIDISAGREEMENTS COUNTYand CONTRACTOR agree that all diSPLItes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each f the parties. The T and COUNTY Representativeshall try to resolve the claim or dispute with meet and confer sessions. if the issue or issues r 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 dogs not negate r waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION In the event any administrative or legal proceeding is intitut d 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 din related to this Agreement. 28. BINDING The t rnn , cov in nt s conditions, and prov[sions of this Agreement shall bind and inure 'to the bi nofit of the County and Contractor and their respective legal representatives, , siuccessors, and assigins. 2 . AUTHORITY Each party represents and warrants to the other, that the execution, delivery„ ,and performance rmanc of this Agreement Ihava been diWy authorized by all necessary County and corporate action, as required by law. Each party agrees-that it has had ample opportunity 1 to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. . CLAIMS Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the uros of this Agreement.Any conditions imposed as a result of funding that affect the Project will be provided to each party. 1. PRIVILEGES AND IMMUNITIES 9l 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. OBLIGATIONS32. LEGAL ITS 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, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE Non-Delegation of Constitutional or Statutory Duties. No person or entity shall be entitled to rely upon the terms, or any of therm, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated tern hereunder, nd the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and mart, inferior to, or superior to the communRy in general or for the purposes contemplated in this Agreement, a tl. o ' tt Contractor agrees to execute such documents as the County may reasonably require to include, but not l'irn'ited to, a public Entity Crime Staternent, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, avid no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. . EXECUTION IN V This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken en together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. SECTION37. HEADINGS Section headings have been inserted in this Agreement as a matter of Convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. PUBLICTtCRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity„ may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under e contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six ) months from the date of being placed on the convicted vendor list." REVIEW39. MUTUAL 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. . VIA V " IRIIO-P DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agireement. The County°s performance and obligation to pay under this Agreement is contingent upon n annual appropriation by the (Board of County Commissioneirs,, In the event that. the County funds on which this Agreement is dependent are withdrawn, this remnant i terminated nd the County has no further obligation under the terms f this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and small 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. AGREEMENTS43. II SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any third , the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required y the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. F I-ML CONTRACT R MENTS The CONTRACTORn its subcontractors must follow the provisions, a applicable, as sot forth in 2 CRR. 00.3 ontr ct provisions and Appendix III to ® . . Part 200, as amended, including but not limit to: 44.1 Davis-Bacon ct, as amended (40 U.S.C. 3141-3143)0 When required by Federal program legislation, hick includes Emergency Management repay do a Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Dort Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities wisest comply with the Davis-Bacon Act ( 0 U.S.C.. 3141-3144, and 31 - 14 ) as supplemented by Department of Labor regulations ( g 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 ges 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 weep. If applicable, the COUNTY Must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit " " and made a part hereof. The decision to award a contract or subcontract most be conditioned upon the acceptance of the wage determination. The must report all suspected or reported violations to the Federal awarding agency. When required Idy Federal program legislation, which includes Emergency Management preparedness Grant program, Honnelarnd Security Grant (Program, Nonprofit Security Grunt pirogrann, 'rival Homeland Security Grant Program,, port Security Grant Program and Transit Security Grant program (it doors not apply to other FEMA grant and cooperative agireernent programs, including the Public Assistance Program), this 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 "'Ain ti-Kickb o Uk Act (40 U. .! . § 3145), as supplemented by Department of Labor regulations ( g CFR part "Contractors, and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants 'from the United totes"). As required by the Act, each contractor or subroecipient 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 ntitled. The COUNTY rust 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. ( Subcontracts. The contractor or subcontractor shall inert in any subcontracts the clause above and such other clauses as the iF l 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 contact clauses above may be grounds for termination of the contract, and for debarment as a contactor and subcontractor as provided in 29 C.F.R. A . 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 CopelandAnti-Kickback Act and the Davis-Bacon n ct during the preceding weekly payroll period.The report shall be delivered by the contactor 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 t the site of the building or work. 44.2 Contract Work Hours an tandardsAct (40 U.S.C. 37 1-37 ). 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.S.C.§§ 3702 and 3704, as Supplemented by Department of Labor regulations R Part ). under 40 U.S.C. 37 of the Act, each 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 wormer 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.S.C. 37104 area applicable to construction 'work and provide that no laborer or mechanic must be required to work,in,surroundiirigs or under working conditions, which are unsanitary, hazardous or dangerous, '7lhese requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation oar transmnlssion of intelligence. Compliance wiffi the Contract'Work Hours and Safety Standards Act. (f) 101vertime,requirements. l° o 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 of o 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. ( ) Violation, liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29C.F.R. , 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 m ge . Such liquidated damages shall be cornpUted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F. .59 in the Burro of 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 t forth in paragraph (b)(t) of 29 C5.R. . . ( ) Withholding for unpaid e and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federal ly-ass i ted contact 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 wagesand liquidated damages provided in the clause set forth in paragraph (b)( ) of 29 C.F.R. b. . ( ) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. . , 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 29 C.F. ob, paragraphs (t)through h ( ). l It l v ti rr l n tr ur r rn . if the Federal award meets the defin'itlon of "funding ,reement" sunder 37 CFR §401.2 ( ) and the reciplint ornbrecipient wishes to enter into a contract with a small business firm or nonprofit organization tion regarding the u«ub tituution of parties, assignment or performance of experimental, developmental, or (research work sunder that "funding greement„" the recipient or subrecipient must comply with the reqUireirnents of 37 CFR IP rt ' 01, "Rights to Inventions Madle by Nonprofit Organizations and Small Buusline Firms Under Government Grants, Contracts and Cooperative Agreements,"," and any implementing regulations issued by the awarding agency. 44.4 Mean Air AcIP "142 U.S.C. and the Federal Water Pollution 3 Control Act §§1251-11387 as amended - Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. 7 1-7 7`lq)and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1 51-13 7) and will report violations to FEMAIFederal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air ActU.S.C. 7 1.-7 71 .) and the Federal Water Pollution Control Act(33 U.S.C. a 1 51_1 7), as amended, applies to Contracts and su5grants 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 FEMAIFederal 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 Federal Agency and the appropriate Regional Office. Debarment44.5 and u tive Orders12549 and contract and under a "covered transaction" (see 2 C.F.R. 1 g. ) must not 5e rn de to parties listed on the government wide exclusions in the System for Award Management ( ), in accordance with the guidelines at 2 C.F.R. Part 180 that implement Executive Orders 1 3 C.F.R. part 1986 Comp., p. 1 g) and 12689 (3 C.F.R. part 1 "6 Comp., p. 35), "Debarment and Suspension" and the Department of HomelandSecurity's regulations at 2 C.F.R. Part 3000 onprocnrernent Debarment and suspension). l xclusions contains the roes of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive rder 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractors principals (defined at C.F. 180.935) or its affiliates (defined at 2 C.F.R. 1 0.9 ) are excluded (defined at 2 C.F.R. 1 .g ) or disqualified (defined at 2 C.F.R. 1 0.935). The Contractor must comply with 2 C.F.R, pt. 180, subpart part and 2 C.F.R. pt. 3000, subpart nd must include 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 C.F.R. pt. 180, Subpart C and . 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 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C whilethis 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. ......... . . iy.. ........ .....pr mend ... .... - o .... 135 Contractors that apply or did for an award exceeding ' 1gg,000 mu.rst file the required certification. Each tier certiflpes to the tier a oye that it will not and has not used Federal appropriated funds to pay any Iperson or organization for influencing or attempting to influence an officer or erniployee of any agency, a member of Congress, officer or ernployee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any over award covered by 31 U.S.C. �§ 1352.. Each tier must also disclose any lobbying with non-F°edeiral 'funds that tales place in connection with obtaining any Federal award. Such disclosures arse forwarded frown tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit " "s and made a pert hereof, rust be signed and submitted by the CON'rRACTOR to the COUNTY.) 44.7 gCwpflance withr ur t of RecoveredMaterials t forth i . 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 ) at 40 C.F.R Dart 247 that contain the highest percentage o recovered materials practicable, consistent with maintaining a satisfactory level o competition, where the purchase price of the item exceeds 1 ,000 or the value of the quantity acquired during the preceding fiscal year exceeded 1 dgl 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 is 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 timefr me providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or . At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at G "s Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/com pre nsi -proc rement- uid lire -c pg-prog ram The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 44.8 Prohibition a in Telecommunications and Vi i lanee Services or t as t forth in 2 C.F.R. 1_29%216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to ) Procure or obtain } Extend or renew a contract to procure or obtain: or ( ) Enter into a contract (or extend or renew a contract) to procure or obtain equipment,ment, 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, 1physical security surveillance of critical infrastructure„ and other national security purposes, idelo SUrvellllance and telecornmunllcatllons equipment produced by Flytera Communications Corporatiom Hangzhou Hi vision Digital Technology Company, or f ahua Technology Company (or any subsidiary or affiliate of such entities'), (lil)Telecommunications or video surveillance serVices provided by such entities or using such equipment. (iii)Telecom mu nications 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 l 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 o1 a covered foreign country. 44.9 Domestic r re c r Procurements as set forth i The COUNTY and CONTRACTOR should, to the great extent practicable, provide preference for the purchase, acquisition, or use of goods, products, or materials produce in the United t tes (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 Ord. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stye through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials cornposed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride piper aggregates such as concrete„ Pass® including optical fiber, and lumber. Americans it i ilifie uvme . The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.11 DisadvantagedEnterprise f i Obligation. It is the policy of the COUNTY that DBE', as defined in 49 C.F.R. Paul 26, as m n ed, shall have the opportunity to participate in the performance of contracts financed in hole or in pert with COUNTY funds under thi gree ent. The requirements of applicable federal and state laws andregulations aply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure thathave 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 C.F. 2 u . 21(as set forth in detail below)" applicable federal and state laws and regulations to ensure that the ' 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 C.F.R. § 200.321 T Ti ITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS E Fl l S If the CONTRACTOR with the funds authorized by this Agreement, seeks to subcontract goods or services,then"In accordance with 2 C.RR. 2 32"1"the CONTRACTOR shall tree the following affirmative steps to assure that minority businesses,, women" business enterprises" and labor surplus area firms are used wheneyMLW ssible., B. Affirmative steps must include: (i) Placing cing qU lifued small and rrnlinority businesses and rorneruf's business enterprises on solicitation fists„ (2) Assurirhg that small and minority businesses, and women"s business enterprises 6 are solicited whenever they are potential sources, ( Dividing total requirements, when economically feasible„ into smaller tasks or quantities to permit maximum rticip tion by small and minority businesses, and wow n° business enterprises,, f Establishing delivery schedules, where the r ouiro ent mar itswhich encourage participation by small and minority businesses, and women's business enterprises; ( ) Using the services and assistance, as a=roDriate, of such organizations the Small Business Administration and the Minority BusinessDevelopment Agency of the Department of Commerce. ( Requiring the Primecontractor, if subcontracts are to be lets to take the affirmative steps listed in paragraphs (1) through ) of this section. OTHER FEDERAL AIM AIMOR FEMA REgUIREMENTSapplicable) 44.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, an subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security l ) and the Federal Emergency anti ernentAgency's ( ) access to records; accounts, documents, information, facilities, and staff. Contractors/Consultants must; (1) Cooperate with any compliance review or complaint investigation conducted by DHS, ( ) Give DHS access to and the right to examine and copy records, accounts, and other documents nd sources of conformation related to the grant and permit access to facilities, personnel, and other individuals and information as may benecessary, as required by DHS regulations and other applicable laws or pro r rn guidance; (3)Submit timely, complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.13 QHS1, L2go. arid, Contractor shall not use the Department of Homeland Security el( ), 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. Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreenlent must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable 'for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the oun and Contractor. 44.15 Ilan with Federal I ti n m �mtiv r . This i an acknowledgement ement that F MA financial assistance rrmay be used to'fund all or a ,portion of the contract. The Contractor will comply will all applicable 'federal law, regulations, executive orders, FEMA policies, procedures, and directives. .1 ' 1 n Government. 'Tlme Federal overnm�ment is nOt� party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor„ or any other party pert,ainlng to any matter resulting from the contract. 44.117 P ram Fraud and FaWe or Fraudulent �Statements or Related Acts. The ontractor acknowledges that 31 iU.S.C. Chap. 38 (Administrative Rerne6es for False Claims and Statements) applies to the contractor's action pertaining to this contract. ,1 D : rm" Beginning January 1, 2021, in accordancewith Fla. Stat., See. 448.0195,the Contractor and any subcontractor shall register with and shaH utilize the U.S. Department f Homeland Security's - rl sty to verify the work authorization status f all new mpl hired by the Contractor during the term of the Contract and shall expressly require any subcontractorsperforming worts or providing services pursuant to the Contract to likewise utifize 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 affidavit stating that the subcontractor does not employ, contract with, or Ob'contract with an unauthorized alien. The Contractor shall cornply with and be subject to the provisions of Fla. Stat., Sec, . 'q . 44.19 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 Federally-FundedSub-Award and Grant Agreement between the Couinty and the Florida Division of Emergency Manaq r n (Division). 44.20 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. UNCONTROLLABLE45. I Any delay or failure of either Party to perform its obligations under this Agreement-will b excused t the extent that the delay or failure was caused directly by an event beyond such Pa ' control, without such Party'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: a acts of d; (bi) flood, fire, earthquake, explosion, tropical storm, hurricane or rather de Dared emergency in the geographic area of the Project; war, invasion, hostilities (whether war is declared or not), terr rDat threats or acts, riot, or other civil unrest in the geographic area of the Proje t; d government order or law in the geographic area of the Project; e) actions, embargoes, or bloickades in effect on or after the date of this Agreement; (01 action by any governmental authority (prohibiting work in the geographic area of the I' r j t;( dh, a "Uncontrollable Circ m ance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market et onditi ns, or supplier actions r contract disputes will not excuse performance b 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 difigent efforts to end the Uncontrollable Circurnstance, ensure that the effects°t f any Un m,mrmtrVlable Circumstance are mini mined and reamurne frill performance u der Viis Agreement. The �Comunty will not pay adiditinndl cost as a result of an Uncontrollable Circurnstance. The Contractor comma ,onlyseek a no moat Arnendment for such reasonable time as the Owners Representative may determine. . 46. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and tears 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. 47 FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements r understandings, whether written or oral. This Agreement nt nn t b modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE TO FOLLOW] 2 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement o day and year first written above in one (1)counterpart, each of which shall, without proof g for other counterparts, be deemed an original contract. ®� lg 23 BOARD OF COUNTY COMMISSIONERS o — `_., ` s :> MADOK, CLERK OF MONROE COU r ryyOOi C TNf O � a4NTv " �1a•�`/�`•� 1ka By. By. As Deputy Clerk Mayor Date: GL✓ '6-0L- 7-0 2-0ZI Witnesses for CONTRACTOR: CONTRACTOR: co GARY'S PL - ING AND FIPI 44C. - By : Signatu a of person4'_thodzed to Sign t r legally.. ind CONTRACTOR fan ' Dat Print Name Print N" °e and Title Address:- [a, 'Si nature FL. 33090 lob - �� act �� .� 305 - Date `Print Name Telephone Number 1014� 1 Date Mt)WM COUNTY ATTOIINEY'S OFFICE !lflsmPAMICIA M a» . ASSISTANT&W&ANEY DATE: -3"0 EXHIBIT "A99 SCOPE OF WORK 31, EXHIBIT "A" SCOPE OF WORK Specifications an ay is to Contractor,.. The Contractor shall hold a current Florida License, in compliance with Fla. Star. Sees. 633.318, 633.521, and FAC 69A-46: Fire Protection Systems Contractor and Water Based Inspector. The Contractor shall be available twenty-four(24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of the Fire Protection System malfunction within five (5)hours of verbal,email,or text notification by the County. The Contractor shall provide an after- hours contact person and phone number. The County,upon award of the contract, shall provide a contact person and phone number for building and equipment access. Bid prices shall include a complete program including inspection, testing, maintenance, and repairs in accordance with all guidelines issued per the adopted FPC - Florida Fire Prevention Code, 7th Ed. 2020, by reference NFPA 25, 2020 Ed, (FFPC adopted F.S. Sec. 633.202 and FAC 69A-3.012 for the fire suppression sprin1der systems including associated. piping and equipment at the facilities listed in the Scope of Work below. of Service Coverage, Contractor is to provide all parts, tools, labor, accommodations, and transportation required to provide for the inspection, testing,maintenance, and repairs per NFPA 25, and schedules as well as keeping the equipment in proper operating condition to protect against unpredictable repair expenditures as well as ensure reliability and efficiency.Note: No oral interpretations will be made by the Contractor as to the meaning of referenced NFPA 25 documents. Contractor shall request interpretations through the Monroe County Contract Monitor. Monroe County Fire Marshal or his / her designee shall provide in writing formal code interpretations. 1. The Contractor shall provide Facilities Maintenance and the Monroe County Fire Marshal with teannual inspection schedule. 2. The Contractor shall coordinate all inspections with Facilities Maintenance,Monroe County Fire Marshal, and the County's current Contractor for its Fire and Panic Alarm Annual Certification,Maintenance,and Monitoring of the County's systems. The Contractor and the County's Fire and Panic Alarm Contractor shall coordinate placing the systems in a "Test" mode during any inspections. 3. The Contractor shall doCUTnent each on-site se ice call or inspection and furnish the Contract Monitor with a copy showing time in and out, date, and a brief description of activity. Work orders for on-site system preventative maintenance will list the inspection dat�e, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. Additionally,an electronic COPY Of all annual inspections shall be sent too theMonroe 'County Fire Marshal. 4. The: Contractor shall Include written findings, corrective actions, and recommendations within the Quarterly Inspection Reports. Whienever 32 permitting and/or engineering services are required or rep airs/replacements, the Contractor shall submit to the County the Contractor's actual certified documentedcosts for such services and shall invoice the County for reimbursementof onlysucheost. m All documentationshall be submitted byte Contractor to the Monroe County Contract it r with the Contractor's invoice r payment, The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts,and services supplied by others purchased from the manufacturer,plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed foramounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts,whether the part is under warranty or not. Contractor shall submit to County invoices no later thantwenty-five ( 5) days after inspections/repairs with supporting documentation acceptable to the Clerk. Fire Year, Annual, Semi-Annual, and Quarterly inspections shall be submitted in arrears with supporting reports. If any major deficiencies are found, the County must be notified in writing within forty-eight (48) hours, otherwise reports must be submitted within fifteen (15) days of inspection date. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk- is based on generally accepted accounting principles and such laws, rates, and regulations as may govern the Clerk's disbursal of funds. Monroe ounty's Fiscal Year is October l" through September 30All outstanding invoices arrest be submitted for payment within ten (l 0) days of the end of the Fiscal Year to avoid non-payment for those services. Major Component Failure or System Breakdown In the event of a major component failure or system breakdown, the County shall have the option to request from the Contractor only,a proposal/quote for replacement equipment in an amount that could exceed Five Thousand and 00/100 Dollars ( 5,0 0. 0). Any proposal over Fire Thousand d 00/100 ( 5,000.00) Dollars, up to and including `fen Thousand and 00/100 ( 10,000.00 Dollars, must be approved and signed by the Division Director or the County Administrator. y proposal over e'en Thousand and 00/100( 10,000.00Dollars,rep to and includingForty-nine Thousand line Hundred Ninety-nine and 00/100 ( 4 , Dollars, must be approved and signed by the Division Director and the County Administrator. The Contractor will provide all labor,supervision,equipment,parts,tools, transportation,services, and incidentals, a�nd supplies for Fire Protection Systems Preventive Maintenance,ce, epair, and Emergency Service Calls fur various buildings located in the Upper, Middle, and Lower Keys, 1. ire is of Contractor a) Perform one, five (5) year inspection test, one (1) annual inspection and flow test of the Firs Purnp,one(1)semi-annual d two(2)quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25 at the following locations: a. Monroe County Detention Center 5501 College Rd., Key West, FL 334 h. Harvey Government Center 1200 Truman Ave., Key West, FL 334 c. Lester Building 530 Whitehead St., Key West, FL 334 d. Monroe County Courthouse Annex/Old Jail 2 Whitehead St., Key West, FL 33040 e. Marathon Government Annex 490 63r,Sto Ocean, Marathon, FL 33050 f. Plantation Key Jail 53 Highpoint Rd.,Tavernier, FL 33070 g. Marathon.Jail 981 Ocean Terrace, arath n, FL 33050 b) Perform one, five (5) year inspection test, one (1) annual inspection, one ( ) semi-annual and two (2) quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25 at the following locations: a. Monroe County Historic Courthouse S O Whitehead St., Key West, FL 33040 b. Monroe County Sheriff Administration Building 5525 Colleged., Key West, FL 334 c. Dept. of Juvenile Justice Building 5503 College Rd., Ivey West, FL 33040 d. Bayshore Manor 5200 College Rd., Key West, FL 33040 . FreemanJustice Center 302 Flerning Ste, Key West, FL 33040 f. Murray Nelson Government Center 102050 v rs as Highway, Key Largo, FL 33037 g. Monroe County Fire Rescue Station No. 17 10 Conch Ave., Conch Key, FL 33050 h, Monroe County Fire Rescue Station Il e,, 13 390 Key Deer Blvd., Big Pine Key, FL 33043 34 o. Monroe County Fire Rescue Station No. 1 2'Ave., Stock Island, L 33040 �. Joe London Fine Training Academy 56633 Overseas Highway, Crawl Key, FL . Bernstein Park 75 5th St., Stock Island, FL 33040 1. Monroe County Fire Rescue Station No. 11 (new) 2252 Overseas Highway, Cudjoe Key, FL 3342 m. Marathon Library (new) 3490 Overseas Highway, Marathon, FL 33050 e) During all inspections: clean sprinkler leads as needed, conduct maintenance of ` "/Sig ese, /( , and external above ground piping as needed, and submit proposals to replace sprinkler leads, pipings and main supply when needed. 5 EXHIBIT "B" APPLICATION FOR PAYMENT DETAILS �16 PAYMENTAPPLICATION FOR DETAILS ATE. INVOICE ARRIVAL TIME: DEPARTURE TIME: LOCATION: ROUTINE: FAIR, PARTS AND MATERIALS COSTS ITEM DESCRIPTION IT PRICE QUANTITY SUB-TOTAL 1 3 5 PARTS &MATERIALS SUB-TOTAL I Tea INCREASE ABOVE PARTS &MATERIALS SERVICES SUPPLIED LIE OTHERS (arnount charged to be reimbursed) ...... FREIGHT CHARGE(amount charged to be reimbursed) �..,.... TAX CHARGES (amount charged to be reinib rsed) PARTS& MATERIALS TOTAL EQUIPMENTLABOR AND Regular .URS Mechanic @ SUB-TOTAL I l OURS Mechanic&Helper S SUB-TOTAL ._.--------------------- HOURS Helper alone or additional Helper @ S SUB-TOTAL e HOURS Mechanic @ SUB-TOTAL Overtime HOURS Mechanic & Helper @ SLt OT T ....... _..m ___,Overtime HOURS Helper alone or additional Helper SUB-TOTAL LABOR AND EQUIPMENT TOTAL TOTAL DESCRIPTION OF WORK --------------------------------------------- .... -- at.e atho�rized Signature/Title: *Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts&materials, freight for transportation/shipping costs, equipment rental amounts, taxes,and services supplied by others. 1 9p EXHIBIT 9AVI DAVIS-BACON WAGES STATEMENT "General Decis,"Lon Number : FL20210022 09/10/2021 Superseded General Decision Nurr,Lber : FL20200022 Stat-e : Florida Con,.strI..action Ty-,pe, - Building County: Monroe County in Florida BUILDING CONSTRUC=ON PROJECITS (does not include sing�ie fxiiily homes or apartf,,ients up to and includinfq 4 stories ) Note ., Under Executive Order T(E0) 13r6'58, an hourly mi.nJi-ii"tum wage of $10 . 955 for calendar yc-_,�ar 2021 applies to al.1 cont-racts sub-;Iect to the Davis-BaCon Act for wl-iich the I contract is awarded (and any solicitaktion was issued" ori ol- L after January 1, 2015 If this cont-act, is covered by the EO, it'he contractor must eta a, all workers in any -lassification listed on this wage determination at least ,310 . 95 per hour (or the appliC-able wage rate li ste d on th.i.s , i ,rays ,.tiher f pwage determinaton u ent performing on the contract in calendar year 202'.1". . If this contract is (:,,overed by the EO and a. classification raw orisidered necessary for performance of wtork on the contract does n'not appear on this wage determination, the co.nt-lractor xyl.ust pay workers in that cliasc-sification at, least wage rate deteraiined through the e,-.,,,onformance process set t I f o'rth in 2 9 CFR `yaw5 (a) '1 1 (ii (or the EO minimurfi wage rate, if it[-, is hiaher than -the conf=,'Iled wage rate,) . The E0 mini,,�,,w,,im wage rate will be adju,<rayted annually . Please note that E0 app"Lies to t.,he above-,me ri,t,i oned types of con,,tracts entered b, n y the federal governi ent, tl,,tat are subject to t,he M.,iv,J_sBacon Ac,''t itself', but it does apply to contracts subject (:),nly to the Davi,,�:,'B an.raw"on Rela'L,,,ed Acts,, those set f orth at 29 CEFR 5 . 1, (a) I(2) -- (60) Additional inforination c,,Pn f,,,,.,ont'ractor, requirements a,nd worker protectJ.(.aiS Under the EO is avrailable 39 at www.,dol . g-ov/,Arhd/govcont-r,acts . Modification Nixiiber Publication Date 0 01/01/202l 1 01/22/2021 2 06/18/2021 3 07f/0,9//2021 4 09/10/12021 ELEC0349--003 09/0"2./2021 Rates Fringes '37 . 61 11 , 72 -------------------- -------------------------------------------- ENGIT0487-004 O'l 2 011.3 Rates Frii-iges OPERATOR. Crane All Cranes Over 15 Ton Capacity . 'Yard Cray-ie, Hydraulic Crz�ne, Capac.JLty 153, Ton and Under. . . . . . . . . . . . . . . . . . . . .. . $ 212 . 00 8 . 80 ----------------------------- ------------------------------ IRONO2'72-004 10101/2020 Rates Fringes IRONWORKER, STRUCTUF,,AL AND 25 . 79 13 . 34 ---------------------- PAIN0365-004 06/01/2021 Rates fFx:,-i n�j e s SFFL0821-001. 07/01/2021 Rates Fringes 40 SPR-rNK"r ER F171"TER (Fire ------------------------------------------- Rates F-ringes ----------------------------------------------- to R .ENT .B'"1.w. . .# .a w m . . w. . .. . . $ 15 . 08 5 . 07 LABORER: 'E;"A (,m o ni or General . $ 8 . 62 0 . 00 OP I,ATOR m ac ho "$gin Excaxrator . . . m 16 . 98 0 . 00 ROOFER: Buii,'It Up, SHEET METAL WC)RKEIR, Ex,c-'ludes TRUCK D.IR'rv,.'I'VER, Includes Dump a n d 10 )(a r d 1`1 a u 3.. A w a y. $ 8 . 00 1.5 44 WELDERS Receive rate prescribed ".or craft performing T,,)e r a e a"'a to which welding is a a c.:a.de n t ... .. Leave'aw"t o,1 Federal Contractors. e.fi�s-y A 1 i e s -1-o all contracts subject o he Davis-Bacon c o r whilch tm,,a"a.aw contract, is awarded.. . (,a..c x;b. c`".n y s o-,3M ci Fes_,tom, .,r..on was issued'. on. or.� a fc...wd. '. t„.h e c,on t.b�.� ok F � provide employees wif,:111 3 hour of pl S.,i....E.,d sick leave for every 0 hours S y work, up s_.ads 56 h=.,1 i..€r`":& f paid sJ,-.ck leave each yeax . Employees must be Permit'it,ed. Co use paid sick leave for Cheir own illness, injury or other bze ltt'a-r ;lat 7. needs, -including pr e,,,.reaat;,4-sU7 care; t;,`.o assist tea. family a .gnh,,e r (or person who o i like f a n[...5,...;..y to} ....S S e mp 11 r�,,,�.�y.. {:..x WhL o is 1 ,9 „ .,.F S , or has other hea-111--h-relalted needs, inclt.dinqi Preventive care; or for reasons r ,.i u l-L n g f t"w in, or to assist family member ( ..' person who Is like family o the e �°t who .� s a vicitim of, k;) �e` c violence, sexual assault, or sICII-alkirig . A dd.i CA o n a.1 inf L.ion �1 Z. contractor requirements and worker protections under the EO is available at w, do i. .. g,o v/ w�'i d/g o e, N o n to aMk.c ,s .. Unlist-.ed classificationLs needed for work not inc d within ta.tea e scope of' tm.h e c l a .s i l i t.::.a t::i a:t n s l i-s t e may e added after award only as provided in t.1.ae 'labor standards aR rah n t r a c"t c 1 .a.i s e s 2 9 C t r�t. 5 . 5 1 a:..) . i I � ffi -------------------------------------- The body of eac'I"i wage <J.etermii iation lists t'he a w l aka.'s :a...t°i a;°a a,t. .o as a::a.n d wage w".'"a~a t 7A N s u.::'.h a;:i t ,'have been 'x o tI:r,,,0.d 'to be r a,°Ka,�,,r a i l i..ra g 'for t.;.h e c i tMo e�P,J, type (s) of c on s .ru ;t i 'n, in, th.e area c o e a:"�a d .by t h k��" wage d a.:t ,.a,.aa'J. a „i o n s TIk e a M l a M w s;ax, ;a,c r"a " aaxo n s a»:•a,;a~:a listed in a, .t. ��.�a sa.:a a;::'. a. . ,;a.�a order of ""identifiers'" 0':a a:a,' , indicate whether thehaws apt,:ia":a.a ar Y°ate is a union rate c a.a am"r e a t a.:a.aa i n n e g o t."i,aa.to asd rate for 'I oc l) , a, s as a 'v y rate Neigl.ted average rate) or a un2,Lon averac je rate %'weighted lin,iori ave�rage rate) Union RalCle J.den.t-J.fiers A four let,ter claaasSif-is,:,a Itioia ebb revi z�.t ion identifier I enclosed Ln dott-,ed lines beginning wJitli charact"ers o-IC"Inler thLan, ""STJ"" or VtTT UAVG"" d.ertotes tttatl the tinion C F ` 4--ion and -ate were prevailiriq for that lassi_ic,aL U Classification in the survey . Example : PLUM0198-0055 0 7/0"IL/`22(l 14 . PLIJM is an abbrevial--ion identifier of t.he uriion whiNc,h pre-.,,7ailed in the survey for this classificat-ion, which in t,hJ',...s example would be Pluirnbers . 0198 indicates the 'Ic.acal 1.i1 "ilon nti bib er or distri ct councill nu,mber where applicable, i . e . , Pluln-lbers Local 0.1.98 . Vile ne,xt- nurt-iber, 005 in the exaniple, Iiis an ini-ernal number used J_ processing f-Alne wage etermination . 0'71101/20,1.4 is the ef f-ective date of 11--he most cu",= nt iiated rate, whiCh in t-Anis exapapl de, izs ,Tuly 1, 2n", 4 ,, Un,iton prevailing wage ratCes are updated to reflect all ra-te chaXILges in the clol"Lective bargaining agreement (CBA,11 governi.rig t1 ais c.,,Jass_Jficat-_-'- o.-n and ra-t-e . Survey Rat'le -LI'dentifiers C'11 as S if iCat ions listed under Che '"'SU" " identifier indicate t,hat no one rate prevailed for this classification irl 1-Ile .siarvey and IC-he published rate is derived by coinput-.inkg a wei tes reported 4 n ght,.,ed average rate based on a.l.1, the ra.- L the survey for tha-1C. classification . As this weighted I average rate inCludes a,11.11 ra.11E.es repo:rt.ed in the survey, it may le ,J_ncltide both uniori and. non--un.-Jon rates . Examipl SUT T 5/13,1/-901-4 . SINJ indicates "C,'F1_- ra-,Ces are survey rates 'Dased on a weighted average callcu.-Lation of rates and ar(,z,� not majorit.y rates . LA indicates the Stat�,z,.t of' Louisiana . 20.1,2 is the year, of survey or"L wtiich these class i f ications and rates are based. The next number, 007 in 'the example, is an internal nut,�iber used in prodi,lcilig the wage du terrn,,Lnation . 5/2,3/2014 indicates the ,,urvey c amp ti,,ip'Letior). date for the �.,-.A.assifications and rates under that -identifier . ,43 Survey wage rates are not updatl-led and remain in effect untii a new survey is Conducted. Unlion Average Rate Identifie--ems Class i fication (s) liste,�,d under the UAVG identifier indicatte that rio single rciajority rate prevailed for those 1,00% 13 ass4fications; -ir-)wever, of data report -d for classifications was union data . EM4PLE : UAIJG-OH-010110 08/29/220'14 . UAVG J.-ndicat Via`s that the rate is a weighted T. nion -mv-erage rate . it ind.i.cates the state . The next ,-iuqt)er, 0010 in the example, is an internal nurrtber., used in 1:",roducinci the wage deterTnination . 08/29/2014 indica4l-es the survey ct,,,,-.-,,,rcir.)letion date for 'the classifications and rates under that ident-ifier . A 4,.5AV('11 rate will be updated or-ice a year, usually in January of each year, -to reflect a. ape'eigh.-ted average of the current negr-,6ti-ated/i,.,BA ra-te of the union .'Locals frorn whict"i t,1ne rate is based. ----------------------------------------------------------- WAGE '1r,'--)ETERb4INA'1.1I0N APPEALS PROCESS Ha,,,,a -t-1here been an in-Ltial decision in the nns.e t te qs, This can be : an existing published wage deteryrdnation a survey underlying, a wage determination to a. Wage and Hour Division iet-ter setting forth a position on as mFage deterrriination matter a cont"o "ma nce qadditi(_nlal classification and, rate) ruling I 0,,n survey re,'Iated mat'� ini-tial contact, irkcluding, reqtiests for' S'Llmn,'taries of surveys,, shou,'Ld be with tl le Wage a°and 11 dig'LU,:, R(-�giorial Offic,,,e for 'the area in wk,iich t,;he survey was coriduct ad, bec,,a'i,ise Lhose Regional Offices have responsibility for the M,,ivis,-Bacon surve,y prograni. If 1',-,he ni,,, sponse from t1iis initial ccintacl,-, is not satisfactory" ti-.IE Tl the process described in 2 . ) and 3 . ) sho,(,-,t1d be ,f o I I owed 44 With regard to 0-My other matter riot yet ripe for the .1D,,.:)r'mal pro,�ess described here, indtial contact should be with the Branch of Cons truct ihon Wage Deteruiination.,,; ,, W r i t e t Branch of Construction Wage Wage and Hour Div.ls,.-on U . "'. . Department of Le.,.bor 200 Constitution Averuie, N .W. Washingtoln, DC 20210 2 ) If the answer to the question in 1 . ) is yes, then an interested party (tliose affecteda by ti-le action) can request review and reconsideration frf.,-)m tlie Wage arid, Hour A(Jlm i ri i s t r a t o r (See 29 CF'R Part 1 . 8 and 29 CLFR Part 7) . Write 11--o : Wage and Flour Administr�,.ttar U . S . Department of Labor 200 Constiti..'ition Avenue, N .W. Washington, DC 20210 The request- should be accompanied by a full statemet it of the interested par-t-y ' s position and by any information (,wage payment, data, project descriptiori, area practice ,material, etc . ) that the requestto,r considers relevarit 'o th.e issue . 3 . ) If t"I'le decisic-)n of the Administ-rator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to , Administrative Review Board U . S . Departmeni: of Labo�r 200 Constitution kv�-,,nue, N.W. Washington, DC 2021,0 4 . ) ALI decisions by the &dr,,r)dnAst,ra,t,ive Re'view Board are f in,al . E',�,JD OF' GENE,'RAL DECISION" 45 CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, th tU 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to anyperson for influencing or attempting to influence n officer or employee f an agency,a Member of Congress, an officer or employee of Congress, or r) employee of a Member, of Congress in connection with the awarding of any Federal contract, the masking of any Federal grant, the making of any Federal linen, the entering into of any cooperative agr ment, and the extension, continuation, renewal, amendment, or modification f any Federal contract, grant, loan, or cooperative 4 If anyfunds anther than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting mptin to influence n officer our employee of any agency,uu Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, bran, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LL.L, "Disclosure Form to Report Lobbying," in accordance with its instructions. . The undersigned shall require that the language of this certification b included in the award documents for all subawards at all tiers (including subcontracts, snub r nts, and contracts Under greats, loans, and cooperative agreements)ents crud that all suaubr cipi nts shall certify and disclose ccordin l . This certification is a material representation of fact upon which reliance was placed when this transaction was made r entered into. Submission of this certification is a prerequisitefor making or entering into this transaction imposed d by section 1352, Title 1., U.S. Code. Any person who fails to file the required uuired certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The ontr ct r, certifies r affirms the trurthf lness an accuracy f each stag e�nt of and disclosure, if any. In addition, the Contractor u.und rst and agrees that the provisions of 31, U.S.C. Chap. 38, Administrative ti di fay; Fouls, Claims and Statements, apply to this certification and disci sLrr , Gf any. SiLpatureoftr cta r s uuth r°i ed Official Name d "itl e of C ntr ctor°'s Authorized Official Date DISCLOSURE OF LOBBYLNG ACM-ITIT,S TMM Fca-ml 'To Dr-CLOSE LOBBY2N'G A,7rV.=5 RUK&U�N-r TO 37 U S.0 7!52 1. T-q.-pe of Fed,eral Acriow 1. Status of Fed,er%],Avfion!: I Repoi--t Iype: ❑'I�.cortracr. ❑a.'b3"0ffkr iyppHcalion ❑a.Lnrr.'ni 'b, gmi 'b, =Aial awazh. b, maiahal chafe Dopwaw.'e a mew. poil-awazd "Oln For,Matey at Chainge Only: e. Loge paraw.ee Welu— Xinval E I om i==-,a 'ntR of Lmcriporr. 4,. Name and Address of Reporting Earity 3. If Rip artmg E mtrh,im No.4 is Sub avardee, EM terr Name,and Address of Prime: - Elzr="''a El subawwudee Trier Iftmewr Cougr-"amalDistrixt .I knowm CamgressiomalDistrjct,if Ime-am 6. Federal Departmeat.,'-Agency: 7. Federal Program N-ame2'DeuTjpdam: CFDA Number',if appicable 0, FaderaJArdmmNombe!r,ifr'lmcwr: Aw''ard Amontat.,ff lnonm: 10. a. IName aod.Addresz,of Lobby Ems ty, b,. LLAh-id-oals Performimg Sex es (mcludm-- (ff as,last imme,Exst name.MT addzess if dff ffent from No. I On) 'MEZ aw nae.fln-t na me"M-1) (atlach C ortmuation Sheer(s,ifneces=—) 11. Amnant of Paymment(check all&at apply'), D. Type of Paymeint(chmt A the appl Elactual F-I Pb=,-d F-1 a, recamer F-I b. one-dime fe-e, 12. IFGT-m of Psymetit(Check all that apply): C. commisiior F-I a- "ash d. 3MMe L. -V-32ue f other,Specify 14. Brief,Descrrptioa of Senices Performed OT to 1*performed ludRale(s)of St-rnce,includimg officecr(i),emplor*s),or member-(s)comtacted,for Pairmemt Indicated i3i Rem 11: (attach Cortvaatzu MW�fs)if ae-cessary) 13. Coutimuatiam Sli*et(s)attached,: Yes ❑ Na El 16,,, !n6mmaman m�zAsmd E=cg xFLr fc= a?=Lwind t�, Tifl;c 21 U S.C.Sgc-jcm L352 Tlvn Lw.':IDWWI; --kbb-k-uq sAplamre: E'ZL='a'%M r.�L,:ad b y rhA aQr mb wp wham In".=uC13'em UrnrMMd&0vw0rwQd-=' 'm 7IL.6c la slim i,E'KLiz';A PhInt Name. Fes.u=t m)I" U S.C.1,352. 71"; "wi"]bs rWo--wl to Ccap;6.,swmi E-v md wM' bs naLabla Lr dv cb,vura%haH big a.,ciiil pmKtj ofnat LoNi tham th=S1,00,000 iar;a:,h mZ21 Elvmv. A�uthonzed for Local Reproductim Feclerml Use,Only: Slav drd,Fa rm-LLL 2-6c PART 2,aCOUNTY 48 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 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 full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 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. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of 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 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-00 1." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (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). it. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature 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. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. Public reporting burden lur ibis collection of intormation is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect ol'Ihis collection ol'intbrmation, including suggestions for reducing this burden,to the 011ice ol'Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. S17-111 Instructions Rev.06-04- 9WENDI17» 2-6d PART 2/COUNTY 49 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes, Sec. 287.087, hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. . Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintainingrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1 . . 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 proposal,the employee ill abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (FloridaStatutes) or of any controlled substance law of the united States or any state, for a violation occurring in the workplace no later than five days after such conviction. . Impose a sanction on, or rewire the satisfactory participation in a drugabuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 4s the person authorized to sign the statement, I certify that this rm mplies fully with the above requirements. (Proposer' Signature) Date: STATE OF-. l COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means o h sic l presence or 0 online notarization, o - ILI - (date) by (mine of affiant). He/She is personally known to erne or has produced (type of identification)as identification. M1,X�g �pmTIFNA d CommWlon#HBO0ttt 7 T 'y"PUBLIC x " r � ' qiiw June 23„ 0 4 My Commission Expires: PROPOSAL FORM 0 1 0-fp re 35 of 95 PREFERENCELOCAL FORM A. Vendors claiming a local preference according to Ordinance 02 -2005, as amended by Ordinance No, 0 -2015 and 025- 5, must complete Name of idderPesponder; thisform,y t . Date: ��m 1, Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at lest one 1)year prior to the notice of request for bids or proposals? (Please furnish Copy) 2. Does the vendor have a physical business address located within Monroe County frorn which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County' (The physical business address must be registered as its principal place of business with the Florida Department artment of State for at lest one 1) year prig to the notice of request for bid or proposal.) List Address: 06 ° Telephone N r ber: B. Does the vendor/prime contractor intend to subcontract 50% or more of the gonads, service , or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1) year prig to the notice or request for bid or proposal. .Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of Stag for at bast one( )year prior to the notice of request for bids or proposals) " Tel, Number Address Print Name: I' +f Signa'u ,and Titlelof Authorized Signatory for _v Bidder/ ,esponder STATE 1 COUNTY Y F. Subscribed and sworn to or affirmed)before ante,by means of " physical presence or 0 online notarizabon„ on Iq _ date) by (raante of af'fient). He/She is personally known to nee or has produced (type of IVdentiificatlon)as identlficatlon, TIFFANY FOLKS � N ire aNun. „t0 p �Ll y Commission Expires: PROPOSALFORM 00120- Page 36 of 5 PUBLICNTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a hid on a contract with a public entity for the construction or repair of public building or public works may not submit bids on leases of real property to public entity, may not he awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of beingplaced on the convicted vendor list." 1 l have read the above and state that neither r ( ropo er' name) nor any Affiliate has been placed on the convicted ven or list ithi t last thirty-six ( 6) months. ' inat re mate° 6 TAT F. COUNTY F. A tot Subscribed and sworn to (or affirmed) before rye, by means of _ ,physical presence or ®online notarization, on � t (date) by (name of aff iant). He/She is personally known to e or has produced (type of identification) a identification. �� 'T 6rFA Y FOLKS °"" µ COMM Won 9,114 '1477 �. " Exp6 Jun , 0 4 PUBLIC Omy rain in y4�ifl SEAL a, y Commission Expires: RM 00 12 _ Page 37 " "" f VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIESLISTS Project Desc iption(s): if Ali ��® + ._.� _e . Respondent Vendor Name: A WA , et ° _. _ Vendor F I1 : Vendor's Authorized Representative Name and`fide: t Address; City: State: zip: _ v Phone Number: m __.... . _................ Ilrnail address: i-An 0 ° coin Section 287.13 , Florida Statutes prohibits a company from bidding can, submitting proposal for, or entering into or renewing a contract for goods or services of any amount if, at the tirmae of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company frorn bidding on,submitting a proposal for,or entering into or renewing a contract for goods or set-vices of$1,000,000 or more:, that are on either the Scrutinized Companies with activities in Saida a 'List or the Scrutinized Companies with Activities in the Irian Petroleum Energy Sector Lists which were created pursuam to s.21 .473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Narne" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of 1,000,000 or more is not listed on either the Scrutinized Cora-rpanies with activities in Sudan List,the Scrutinized Companies with activities in the Iran F'etroleurn Energy Sector List,or engaged in business operations in Cuba or Syria.. II understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may su gect company to civi l penalties,attorney's fames,and/or crests. II 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 Last 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 Syrinx Certified By: .®� 1°ro is authorized -.mm� �_.... _. ........ ........ .. to sign on behalf of tile above renc:ed company. Authorized Signature: - 'fitly: d 'Note:The List arr. available at the fbIlowing Department of Ganaeger°nent Services ' itc; rl]L.!M,,tforida.colTUbLrsi u,%cg„I br tNra!mr stater i�fa i sac c r iw� l fp t fart plf rpt-pti.sq p ded discrffninatm'i Mc)r1a, ,,La,irr�v rl ear Iis,ts l Olt aL FOB? 0012 - Page 38 of PROS INSURANCE AND INDEMNIFICATION T T T INSURANCE REQUIREMENTS Worker's o pen ation Statutory Limit Employers Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: 00,000 per Person 00,000 per Occurrence 00,000 Property Damage Builder's Risk Not Required Performance Bond Not Required Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements proscribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the COUNTY and the COUNTY'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 typo of injury (including death), loss, damage, fine, penafty or business interruption, and (iii) any costs or expenses that may be asserted again t, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other irm iteea during the term of this Agreement, ( ) the n . lig nce or recklessness„ Intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or ( ) 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 aris,e from",the intentional or sole negligent acts or omissions of the COUNTY or any of Its employees„ agents„ contractors, or Invitees (other than Contractor). The monetary l'mrnitatlon of Iiabllity under this contact shall be equal to the dollar value of the contract and not less than $1 mlllion per occurrence pursuant to Ala, Stat., Sec, 725.06. The limits of liability shaII be as set INSURANCE REQUIREMENTS AND FORMS 001 0- Page 43 of 95 forth in the insurance requirements included in this Section 00130. Insofar as the claims, actions; causes of action, litigation, proceedings, costs, or expenses relate 'to events or circumstances that occur during the term of this.Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this,Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the ounty's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT, PROPOSED® rE ®r I understand the insurance that will be mandatory if warded the contract and will comply in full with all of the requirements herein. l fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. P616111�) 0114 Paco PROPOdER - Signature - INSURANCE REQU111REMENTS AND FORMS 0013 . Pegs 44 of AC r CERTIFICATE OF LIABILITY INSURANCE [:� TE(MMIDOIYYYY) 09/1412021 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 certifflIEWte-Folaer lean ADDITIONAL INURED,the po cy as must be+an ome . If SUBROGATION IS WAIV95,subject to the terms and Conditions of the policy,certain policies may require an andomement. A statement on this certificate does not confer lights to the certificate holder In lieu of such ertdorsoment(s). PRODUCER CONTACT NAME: Amanda Harvin PGI of West Central Florida,LLC Nis 941-242 9619 IAI No)r 941.242.9621 3809 E SR 64 ADDRESS; amanda0pglrJiWesIwntrallloridacorn _._, INSURERS)AFFORDING COVERAGE NAIC rt Bradenton FL 34208 INSURER A: Brldgefield Emp)oyers lnsurance Company 10101 INSURED �..._ ..�...». __..._ INSURER S: _ Gary's Plumbing and Fire,Inc INSURER C —__ 6409 2nd Terrace INSURER D: Stet INSURERE: _ Kq West FL 33040 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 1.0 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM DR 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. AOD LTRI TYPE of INSURANCE NSO MD I POLICY NUMBER (MMIDDIYYYYI fMMOONYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH w °°— OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(En owurmn-)_ S MED EXP(Any one person) $ ._.. _.... ...PERSONAL R ADV INJURY... -__....„,„. S GEN'L AGGREGATE LIMIT APPLIES PER: ); g T GENERAL AGGREGATE S �--H POLICY ..rg ..._ L ( -. PRODUCTS-COMPfOPAGG OTHER 7��„ ,..w�.., . AUTOMOBILE LIABSUTY "" ANY AUTO " BODILY INJURY(Per person) $ ALLOS�D ED AUTOSULED �f�� _ t BODILY INJURY(Par ecdderd) S NON-OWNED _ HIREDAUTOS E AUTOS (Per axcidpnt) S S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DEO RETENTION 5.,.°° _ S WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LUL IU Y Y f N _......�•-- ..^-- ANY PROPRIETORIPARTNERIEXECUTIVE � E.L.EACH ACCIDENT S 1.000,D00 A OFFICERIMEMBER EXCLUDED? I ":"..Y NIA 830-52315 02/06/2021 02/06/2022 - (Mandatory In MH) E,L.DISEASE-EA EMPLOYEE S 1,000,000 11 yyeasa do"ba under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO tat,A401onat Remarks SoMdule,may be attached N mom apace Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. c/o Purchasing Department AUTHORIZED REPRESENTATIVE 1100 Simonton St.,Roam 2.213 � Key West FL 33040 C,d��r /ul2iyan�r I v @ 1988.2014 ACORD CORPORATION, All rights reserved.. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Client#:66814 GARPL [!AT D :E IMMIDDIYYYY) 11" ACORD.. CERTIFICATE OF LIABILITY INSURANCE 911:41',2021 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:�It the certificate holder isan ADDr-r'1-0—NAL INSURED,the policy(ios)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 any rights to the certificate holder In lieu of such endorsoment(s). !PRODUCER irbw" NAME.* Amanda Lisenbey FrXXI.......... Acrisure dba Gulfshore Ins-SF I(PA"iM,Fan:239 659-9867 ���JldcMql�39 213�-2�tM 4100 Goodlette Rd N E-MAIL Naples,FL 34103 _,,�p!�p§,__�lisenboy@g,u,lfshoreinsurance.com 239 261.3646 INSURER(S)AFFORDING :OVERAGE NAIC INISUIER.A.Obsidian Specialty Insurance Company 16871 INSURED INSURERS:Commerce&Industry 19410 Gary's Plumbing and Fire,Inc. —'.—-:i6--- 6409 2nd Terrace,Suite I INSURER C:The Travelers Insurance Company 137 INSURER D: Key West,FL33040 INSURER E: I INSURER F I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. I R POLICY EFF POLICY FXP MR TYPE OF INSURANCE IN4IR WVDPOLICY NUMBER DRO=),(M o=1 LIMITS A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOOOD7800 0811312021 08/1312022 FACH OCCURRENCE $1,000,000 K,jW,1.1ENTE,D.. 19t) S100 ci-ArPAS-MADE ' X OCCUR '000_ X BI/PD Ded:2,500 NED I-EXPLAny one pK!2a) $10000 PERSONAL&ADV INJURY 11,000,000 GENI'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE t2,000,000 POLICY[:]XJECPRO-T j LOC PRODUCTS-COMPIOP AGG 12,.000,000 AUTOMOBILE LIABILITY X X BA4S5617752142G C to NGL5 1.160 811312021 08/1312022 E..,4oAt 0 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY4 AUTOS BODILY INJURY(Par accident) S w. X.HIRED NON-OWNED P ifAWUA-?W-G-E AUTOS ONLY S ONLY $ UMBRELLA LIAR X I OCCUR X X SE049327143 811312021 08/1312022 EACH OCCURRENCE $5.000.000 X EXCESS LIAO1— CLAIMS-MADE AGGREGATE $5,000,OOQ .- El_ I DEO RETENTION S 'T' S WORKERS COMPENSATION A 6K' PER OTH AND EMPLOYERS'LIABILITY ANY PROPPIETONPARTNFMEAECUTIVE,YIN OFFtC5FVMEMB9A EXCLUDED? I A By ELI ACCIDENT -S (Mandatory in Wi� E.L.DISEASE-EA EMPLOYEE $ It yes,Otmutba under 10 . 5 . 2021 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S WAW KA XVW=� DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Monroe County Board Of County Commissioners is included as Additional Insured in regards to General Liability,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract perform CAF079 0817 including Waiver of Subrogation.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION ANY OF A BE CANCELLED BEFORE Monroe County Board Of County THESHOULD EXPIRATIONTHE DATE DESCRIBED E THEREOF, NOTICE POLICIES WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. c/o Purchasing Department 1100 Simonton St.Rm.2-213 AUTHORIZED REPRESENTATIVE Key West,FL 33040 "-Cp Q 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(20I6103) I of The ACORD name and logo are registered marks of ACORD #S1724178IM1718211 AHL18 - Q4J�cougrQco Kevin Madok, CPA o: p y' .. Clerk of the Circuit Court&Comptroller—Monroe County, Florida Poe coin DATE: October 28, 2021 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco4*. SUBJECT': October 20'BOCC Meeting Attached is an electronic copy of die following item for your handling: D9 Agreement wide Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities wide an annual amount not to exceed $70,000.00. Funding is ad valorem. Should you leave any questions please feel free to contact me at(305) 292-3550. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 38040 Marathon,Florida 33050 Plantation Key,Florida 83070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 GARYPLU-02 TMARKEE ,a►G'ORC1" CERTIFICATE OF LIABILITY INSURANCE DAT9/4/2 2YYYY) 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 Taylor Markee NAME: Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd (A/C,No,Ext):(239)261-3646 (A/C,No): Leesburg,FL 34748 ADDRESS:tmarkee@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Travelers Casualty and Surety Company of America 31194 Gary's Plumbing and Fire,Inc. INSURER C:The Burlington Insurance Company 23620 64092nd Terrace,Suite 1 INSURER D:TechnologyInsurance Company, Inc 42376 Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PTCGL000000078-04 8/13/2025 8/13/2026 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ] JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 2,()0(),00() OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-25-42-G 8/13/2025 8/13/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED )( NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642303 8/13/2025 8/13/2026 AGGREGATE $ 4,000,000 DED RETENTION$ $ PER OTH- D WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY TWC4657250 8/13/2025 8/13/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE NIA A X E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below A �rc 7 E.L.DISEASE-POLICY LIMIT $ DATE_.._9_5.25__......._._..___....�.. WAWW WA_ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included are included as Additional Insured in regards to General Liability,only as required by written contract,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0321 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Brynn Morey From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, June 9, 2026 10:15 AM To: MGT; Agenda Distribution Group; County-Attorney; County Commissioners and Aides Cc: Gomez-Krystal Subject: Item C3 BOCC 06/10/2026 REVISED BACKUP Attachments: AIS 19709 C3.pdf, 6.10.2026 -Ninth Amendment Fire Protection Maintenance-Gary's Revision #3 (6-10-26) Signed by Contractor.pdf Good morning, Please be advised that the backup for the C3 agenda item has been revised. "Approval of an Ninth Amendment to the Agreement with Gary's Plumbing and Fire, Inc.for Full Maintenance Fire Protection Services at County facilities to add the Monroe County Key Largo Library as an additional Upper Keys location and update certain Federal Provisions. The contract amount is being increased by $2,900 to a new total of$404,675.00. Funding is Ad Valorem and Fines and Forfeitures. " 7Thav�l, IgD�C, 1,CrtJ.stal e�amez Executive Administrative Coordinator Monroe County Administrator's Office M 1100 Simonton Street, Suite 2-205 Key West, FL 33040 Office: 305-292-4441 Cell: 305-850-8694 Notary Public PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 COUNTY Nr11�,Y �� ����� m� � ^ BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 James K.Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: C3 26-19709 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: N/A STAFF CONTACT: William DeSantis AGENDA ITEM WORDING: Approval of a Ninth Amendment to the Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to add the Monroe County Key Largo Library as an additional Upper Keys location and update certain Federal Provisions. The contract amount is being increased by $2,900 to a new total of$404,675.00. Funding is Ad Valorem and Fines and Forfeitures. ITEM BACKGROUND: On October 20, 2021, the BOCC approved an Agreement with Gary's Plumbing and Fire, Inc. (Gary's) for Full Maintenance Fire Protection Services with an initial one (1) year term commencing on November 1,2021, and terminating on October 31, 2022,with an option to renew for four(4)additional one-year periods. This Ninth Amendment seeks approval to add the Key Largo Library to the list of locations and to update the Federal language in the Agreement. PREVIOUS RELEVANT BOCC ACTION: 11/12/2025 —BOCC approved an Eighth Amendment to add the Monroe County Sheriff's Firing Range and the Monroe County Emergency Operations Center as additional Middle Keys locations and to add the Clerks Offsite Record Storage as a Lower Keys location retroactive to November 1, 2025. The contract amount was increased by $8,000.00 to $401,775.00. 10/15/2025 - BOCC approved a Seventh Amendment to renew the Agreement for the fourth of four optional one-year renewals and add a CPI-U increase of 2.9%. 10/16/2024-BOCC approved a Sixth Amendment to renew the Agreement for the third of four optional one-year renewals, to provide for a CPI-U increase of 3.4%, and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. 7/17/2024 -BOCC approved a Fifth Amendment to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. 5/15/2024 - BOCC approved a Fourth Amendment increasing the annual agreement amount by $250,000.00 to an annual total contract amount of$393,775.00. 11/8/2023 - BOCC approved a Third Amendment to provide for an annual CPI-U increase of 6.5%, renewed the term for an additional one-year period, modified Upper Keys' locations, and added and/or updated provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation. 9/21/2022-BOCC approved a Second Amendment to increase the contract amount by the CPI-U of 7% and renew the Agreement for the first of four(4) optional one-year renewals. 4/20/2022 - BOCC approved a First Amendment to increase the annual not-to-exceed amount from $70,000.00 to $135,000.00 and to revise the Notice Provision of the Contract to reflect the new address for the Facilities Maintenance Department. 10/20/2021 - BOCC approved an Agreement with Gary's Plumbing and Fire, Inc. for Fire Protection Services in County facilities. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Add the Key Largo Library to the list of locations and update the Federal language in the Agreement. STAFF RECOMMENDATION: Approval DOCUMENTATION: N/A FINANCIAL IMPACT: Effective Date: 5/20/2026 Expiration Date: 10/31/2026 Total Dollar Value of Contract: $404,675.00 Total Cost to County: $404,675.00 Current Year Portion: $404,675.00 Budgeted: Yes Source of Funds: Ad Valorem and Fines and Forfeitures CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A NINTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Ninth Amendment to Agreement is made and entered into this loth day of June 2026, between MONROE COUNTY,FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, ("CONTRACTOR"), the address of which is 6409 2nd Terrace, Suite 1, Key West, Florida 33040 (collectively, the "Parties"). WHEREAS, on October 20, 2021, the Parties entered into an Agreement for Full Maintenance Fire Protection Systems ("Agreement") whereby the Contractor agreed to provide the County with the inspection, testing, maintenance, and repairs as well as assuring that the equipment was in proper operating condition to protect against unpredictable repair expenditures as well as to ensure reliability and efficiency; and WHEREAS,on April 20, 2022,the Board of County Commissioners("BOCC")approved a First Amendment to the Agreement to increase the annual agreement amount by Sixty-Five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred, Thirty-Five Thousand and 00/100 ($135,000.00)Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Agreement to provide for an annual CPI-U increase of 7%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Agreement to provide for an annual CPI-U increase of 6.5%, pursuant to the Agreement, to renew the term for an additional one-year period, to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys location, to delete the old Plantation Key Jail location, and to add and/or update provisions to allow for the option of the COUNTY to request from the CONTRACTOR only a proposal/quote for replacement equipment or parts and all associated installation; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to the Agreement to increase the annual agreement amount, due to unanticipated repairs and/or emergency work at various locations, by Two Hundred,Fifty Thousand and 00/100 ($250,000.00) Dollars, from One Hundred, Forty-Three Thousand, Seven Hundred, Seventy-Five and 00/100 ($143,775.00) Dollars to Three Hundred, Ninety-Three Thousand, Seven Hundred, Seventy-Five and 00/100 ($393,775.00)Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to the Agreement to include Pigeon Key as an additional Middle Keys location in the current contract, and to update and/or add current revisions pursuant to the Monroe County Code of Ordinances and/or Federal required contract provisions; and WHEREAS, on October 16, 2024, the BOCC approved a Sixth Amendment to the Agreement to provide for an annual CPI-U increase of 3.4%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on October 15, 2025, the BOCC approved a Seventh Amendment to the Agreement to provide for an annual CPI-U increase of 2.9%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on November 12, 2025, the BOCC approved an Eighth Amendment to increase the annual agreement amount by Eight Thousand and 00/100 ($8,000.00)Dollars to Four Hundred One Thousand, Seven Hundred Seventy-Five and 00/100 ($401,775.00) Dollars due to additional locations being included in the service; and WHEREAS, the COUNTY desires to include the Key Largo Library as an additional Upper Keys location and increase the annual contract amount by $2,900.00 to $404,675.00; and WHEREAS, the COUNTY also desires to amend the Agreement to update provisions in the Original Agreement to bring them current with certain County, State, or Federal required contract provisions. WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement; and WHEREAS, the parties find it would be mutually beneficial to enter into this Ninth Amendment to the Agreement; and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the Parties agree as follows: 1. In accordance with Subparagraph 5(D) of the Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor — Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $212.18 per hour, mechanic $318.28 per hour, mechanic plus helper $106.10 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $318.28 per hour, mechanic $477.41 per hour, mechanic plus helper $159.15 per hour, mechanic helper working alone or additional helper 2 Parts Cost Plus: Fifteen percent (15%) mark-up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The following buildings will require: One (1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, One (1) Semi-Annual Inspection,and Two(2)Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Detention Center 5501 College Road $3,879.89 cost/yr. Key West, FL 33040 $3,000.00 5 yr. inspection Harvey Government Center 1200 Truman Avenue $2,243.07 cost/yr. Key West, FL 33040 $1,000.00 5yr. inspection Lester Building 530 Whitehead Street $1,242.77 cost/yr. Key West, FL 33040 $1,000.00 5 yr. inspection Monroe County Courthouse 502 Whitehead Street $1,242.77 cost/ Annex/Old Jail Key West, FL 33040 $1,000.00 5 yr. inspection Marathon Government Annex 490 63rd Street, Ocean $1,030.59 cost/yr. Marathon, FL 33050 $500.00 5 yr. inspection Marathon Jail 3981 Ocean Terrace $1,030.59 cost/yr. Marathon, FL 33050 $500.00 5yr. inspection 3 Pigeon Key 1090 Overseas Highway $22,960.82 cost/yr. Marathon, FL 33050 $15,000 5yr. inspection Plantation Key Courthouse and 88770 Overseas Highway $10,878.20 cost/yr. Detention Center(new) Tavernier, FL 33070 (TESTING SCHEDULED AROUND COURT HEARINGS) N/A 5 yr. inspection Emergency Operations Center Building and Risers Inspection 7280 Overseas Highway $2,820.00 cost/yr. Marathon, FL 33050 Clean Agent Inspection 7280 Overseas Highway $2,700.00 cost/yr. Clerk of Court Rockland Storage I I I Overseas Highway $1,690.00 cost/yr. Key West, FL 33050 Key Largo Library 101485 Overseas Highway $2,900.00 cost/yr. Key Largo FL 33037 The following buildings will require: One (1), Five (5) Year Inspection Test (completed within three (3) months of contract commencement), One (1) Annual Inspection, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Historic Courthouse 500 Whitehead Street $1,242.77 cost/yr. Key West, FL 33040 $ 1,000.00 5yr. inspection Monroe County Sheriff 5525 College Road $2,121.81 cost/yr. Administration Bldg. Key West, FL 33040 $1,000.00 5 yr. inspection Dept. of Juvenile Justice Building 5503 College Road $2,000.57 cost/yr. Key West, FL 33040 $1,000.00 5yr. inspection 4 Supervisor of Elections 5200 College Road $636.54 cost/ Key West, FL 33040 $500.00 5yr. inspection Freeman Justice Center 302 Fleming Street $2,121.81 cost/yr. Key West, FL 33040 (TESTING SCHEDULED AROUND COURT HEARINGS) $1,000.00 5 yr. inspection Murray Nelson Government Center 102050 Overseas Highway $1,030.59 cost/yr. Key Largo, FL 33037 $1,000.00 5 yr. inspection Monroe County Fire Station No. 17 10 Conch Avenue $636.54 cost/yr. Conch Key, FL 33050 $500.00 5 yr. inspection Monroe County Fire Station No. 13 390 Key Deer Blvd. $636.54 cost/yr. Big Pine Key, FL 33043 $500.00 5yr. inspection Monroe County Fire Station No. 8 6180 2nd Avenue $636.54 cost/yr. Stock Island, FL 33040 $500.00 5 yr. inspection Joe London Fire Training Academy 56633 Overseas Highway $636.54 cost/yr. Crawl Key, FL $500.00 5yr. inspection Bernstein Park 6751 5ch St. $636.54 cost/yr. Stock Island, FL 33040 $500.00 5 yr. inspection Monroe County Fire Station No. 11 22352 Overseas Highway $636.54 cost/yr. Cudjoe Key, FL 33042 $500.00 5 yr. inspection 5 Marathon Library 3490 Overseas Highway $636.54 cost/ Marathon, FL 33050 $500.00 5 yr. inspection Monroe County Sheriff Firing Range 10430 Overseas Highway $1,690.00 cost/yr. Marathon, FL 33050 WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES, PRIMARILY THE COURTHOUSES,IT MAYBE NECESSARY TO SCHED ULE INSPECTIONS BEFORE OFAFIER NORMAL BUSINESS HOURS. 2. Paragraph 8, MAINTENANCE OF RECORDS of the Original Agreement, is hereby amended by deleting it in its entirety and replacing it with the following: 8. MAINTENANCE OF RECORDS The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this Agreement or for a period of five(5)years from the submission of the final expenditure report as per 2 CFR §200.334, 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 Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 3. Paragraph 44, FEDERAL CONTRACT REQUIREMENTS of the Original Agreement and as amended by Paragraph 10 of the Fifth Amendment of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following: 44. FEDERAL CONTRACT REQUIREMENTS The Contractor and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 6 44.1 Clean Air Act(42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387, as amended). The 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. §§1251-1387) 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. §§1251-1387), 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, and 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. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 44.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). A) 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.S.C. 3141-3144 and 3146-3148) 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, which is attached hereto as Exhibit "C - 2nd Revised"to this Agreement and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. B) When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program,Homeland Security Grant Program, 7 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. C) Required contract clauses. All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-11). All applicable contractors must include these provisions in full in any subcontracts. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR Cha tom)) by reference, in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by ' S.1,the following clauses(or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1)Minimum wages (a) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less 8 than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in Subparagraphs (d) and e of 29 C.F.R. Section 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis- Bacon Act (40 U.S.C. 3141(2 ((BB ) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph A)(1)(v) of 29 C.F.R. Section 5.5; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in Subparagraph (a)(4) of 29 C.F.R. Section 5.5. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under Subparagraph (a)(1)(iii of 29 C.F.R. Section 5.5) and the Davis-Bacon poster(WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b)Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR Part 1, a wage determination may contain,pursuant to ' 1.3 ,wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to Subparagraph) iii) of 29 C.F.R. Section 5.5, provided that: (A) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 9 (B) The classification is used in the area by the construction industry; and (C) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with Subparagraph (a)(1)(iii)(A)(3) of 29 C.F.R. Section 5.5. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. (c) Conformance. (1)The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is used in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2)The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAcon rmance(c)da, 1,g-ov. The Administrator, or an authorized representative, will approve, 10 modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAcan ormance(d),dol.gov, refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under Subparagraphs (a)(1)(iii)(C) and fk of 29 C.F.R. Section 5.5. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to Subparagraph (a)(1)(iii C) or a of 29 C.F.R. Section 5.5 must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (d) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor,in accordance with the criteria set forth in S.28, that the applicable standards of the Davis-Bacon Act have 11 been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (f) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding (a) Withholding requirements. The Federal Emergency Management Agency (FEMA), the Florida Division of Emergency Management (FDEM) or the County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief,including interest,required by the clauses set forth in Parayh(a) of 29 C.F.R. Section 5.5 for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor(as defined in 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in Sub ap ragra ash a 3 iv of 29 C.F.R. Section 5.5,FEMA may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (b) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Subparagraph(a)(2)(i) or 12 fb)L310i of 29 C.F.R. Section 5.5, or both, over claims to those funds by: (1) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3 901-3 907. (3)Records and certified payrolls (a)Basic record requirements (1)Length of*record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work(or otherwise working in construction or development of the project under a development statute)for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2�) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under Subparagraph (a)(1)(v) of 29 C.F.R. Section 5.5 that the wages of any laborer or mechanic include 13 the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4)Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. (b) Certifiedpayroll requirements (1) Frequency and method of* submission. The contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to FEMA if it is a party to the contract, but if FEMA is not such a party, the contractor will submit the certified payrolls to FDEM, the County or other entity, as the case may be, that maintains such records, for transmission to FEMA. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2)Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under Sub ala raunh (a)(3)(i)(B) of 29 C.F.R. Section 5.5, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker 14 (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at h s:l www.dol. ovlsites1dolzovlfile,51W DIlezacv/file,5 wh3471..pd for its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses,telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or FDEM, the County or other entity, as the case may be, that maintains such records). (3)Statement of*Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (A) That the certified payroll for the payroll period contains the information required to be provided under Sub ap ragra h a 3 ii of 29 C.F.R. Section 5.5, the appropriate information and basic records are being maintained under Subparggraph a 3 i of 29 C.F.R. Section 5.5, and such information and records are correct and complete; (B) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of*Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of 15 Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by Subparagraph (a)(3)(ii)(C) of 29 C.F.R. Section 5.5. (5)Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6)Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of* certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (c) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (d)Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under Subparagraphs (a)(3)(i) through iii of 29 C.F.R. Section 5.5, and any other documents that FEMA or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 5.1, available for inspection, copying, or transcription by authorized representatives of FEMA or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2)Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains 16 such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to ' S.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR Part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to FEMA if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If FEMA is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to FDEM, the County or other entity, as the case may be, that maintains such records, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. (4)Apprentices and equal employment opportunity (A)Apprentices (1)Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but 17 who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2)Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3)Apprenticeship ratio. The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to SubparauaDh(aa)(4)(i)(D) of 29 C.F.R. Section 5.5. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in Subpararaph(a)(4)(i)(A) of 29 C.F.R. Section 5.5, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the j ob site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4)Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker's hourly rate) applicable within the locality in which 18 the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (B)Equal employment opportunity. The use of apprentices and journey workers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6)Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in Subparagraphs (a)(1) through 11 of 29 C.F.R. Section 5.5, along with the applicable wage determination(s) and such other clauses or contract modifications as FEMA may, by appropriate instructions, require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR Section 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Section 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of 19 Labor set forth in 29 CFR arts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of*eligibility. (A) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144Ub} or 29 C.F.R. ' S.12 a . (B)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b} or ' S.12 a J. (C) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. (11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (A) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; (B)Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; (C)Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; or (D) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR Part 1 or 3. 20 44.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic 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. A) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Subparagraph 5.5(b)(1) of 29 CFR Section 5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. 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 watchpersons and guards, employed in violation of the clause set forth in Subparagraph (b)(1) of 29 CFR Section 5.5, in the sum of $32 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 Subparagraph (b)(1) of 29 CFR Section 5.5. C) Withholding for unpaid wages and liquidated damages. (1) Withholding Process. FDEM or the County may upon its own action, or must upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor 21 so much of the accrued payments or advances as may be considered necessary to satisfy the liability of the prime contractor or any subcontractors for any unpaid wages, monetary relief, including interest; and liquidated damages required by the clauses set forth in this Subparagraph (b) of 29 CFR Section 5.5 on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (2) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Subparagraph (a)(2)(i) or (b)(3)(i) of 29 CFR Section 5.5, or both, over claims to those funds by: (a) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (b)A contracting agency for its reprocurement costs; (c) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both)in bankruptcy of a contractor, or a contractor's bankruptcy estate; (d)A contractor's assignee(s); (e)A contractor's successor(s); or (f) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901- 3 907., D) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in Subparagraph (b)(1) through (5) of 29 C.F.R. § 5.5 and 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 Subparagraphs (b)(1)through(5) of 29 C.F.R. § 5.5. In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 22 E) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (2) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (4) Informing any other person about their rights under CWHSSA or this part. Further Compliance with the Contract Work Hours and Safety Standards Act. A) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. B) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security,the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. C)Incorporation of contract clauses and wage determinations by reference. Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text. 23 D) Incorporation by operation of*law. The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by ' S.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. 44.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or 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. 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. �180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement, Debarment and Suspension). SAM Exclusions contains 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 w sam gam. The Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. §180.93 5)or its affiliates (defined at 2 C.F.R. §180.905)are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include 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 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal 24 Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 44.6 Byrd Anti-Lobbying Amendment(31 U.S.C. §1352). 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 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit "D" to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200.323. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of 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 A) Competitively within a timeframe providing for compliance with the contract performance schedule; B) Meeting contract performance requirements; or C) At a reasonable price. 25 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 Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal and/or FEMA Requirements (as applicable): 44.8 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 44.9 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. 44.10 Access to Records. The Contractor/Consultant and its successors, transferees, assignees, and subcontractors 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: A) Cooperate with any compliance review or complaint investigation conducted by DHS; B) 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; and C) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.11 Department of Homeland Security DHS) Seal, Logo, and Flags. The Contractor shall not use the DHS seal(s), logos, crests, or reproduction of flags 26 or likenesses of DHS agency officials. This includes use of DHS component agency (e.g., FEMA, CISA, etc.) seals, logos, crests, reproductions of flags, or likenesses of component officials. The Contractor shall include this provision in any subcontracts. 44.12 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.13 Disadvantaged Business Enterprise (DBE) Policy 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 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and 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. A Minority Owned Business Declaration form is attached hereto and made a part hereof, if applicable. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. A) If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B) Affirmative steps must include: 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; 27 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5) Using services and assistance, as appropriate, 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 subcontractors are to be let, to take affirmative steps listed in Subparagraphs (1)through(5) of this section. 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order, or constructive change must be approved in writing by both the County and Contractor. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable,within the scope of the grant or cooperative agreement, reasonable for the scope of work,and otherwise allowable. 44.15 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216. As of November 12, 2020, all FEMA recipients and subrecipients, and their contractors and subcontractors, are required to include this contract provision in all FEMA- funded contracts and subcontracts, including any purchase orders: Prohibition on Contracting for Covered Telecommunications Equipment or Services A) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause 28 B) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Public Law No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in Paragraph (C) of this clause applies, the Contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a)Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b)Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c) Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service 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. C) Exceptions. 1) This clause does not prohibit contractors from providing a) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: 29 a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. D) Reporting Requirement. 1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in Subparagraph (13)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The Contractor shall report the following information pursuant to Subparagraph (13)(1) of this clause: a) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity(CAGE)code (if known); brand; model number(original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b) Within 10 business days of submitting the information in Subparagraph (13)(2)(a) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent the use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. E) Subcontracts. The Contractor shall insert the substance of this clause, including this Paragraph (E), in all subcontracts and other contractual instruments. 30 44.16 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The County 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: A) "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. B)"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. 44.17 No Obligation 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. 44.18 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 44.19 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act Public Law 94-163; 42 U.S.C. §§6201- 6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 44.20 Construction Debris and Materials. The Contractor shall load,haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket, the Contractor must also provide the name of the Deposit site, the ID Number of deposit site, and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s)of the fill material utilized. The Contractor must also note if the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally 31 into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug up. If the area is a circle, then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, whether there was any vegetation removal and, if so, how it was placed back. Final payment is contingent upon compliance with these provisions. 44.21 Providing Good, Safe Jobs to Workers. Pursuant to FEMA Information Bulletin No. 520, the Contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the Contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The Contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. 44.22 For Contracts Entered into After August 1, 2017, Under a Major Disaster or Emergency Declaration. In compliance with Section 1225 of the Disaster Recovery Reform Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 44.23 Breach Penalty and Damages During Emergency Recovery Period. Effective January 1, 2026, and in accordance with Section 252.505, Florida Statutes,the Parties agree that if the Contractor/Consultant breaches this Contract for goods or services related to emergency response for a natural emergency during an emergency recovery period, the Contractor/Consultant shall pay Monroe County a penalty of Five Thousand Dollars ($5,000) and damages. In addition to the penalty, the Contractor/Consultant shall be liable for damages, which may be assessed, at the County's sole discretion, as either: A) Actual and consequential damages suffered as a result of the breach; OR B) Liquidated damages in the amount specified in this Contract. The remedies provided in this section are cumulative and are in addition to any other rights or remedies available at law or in equity. For purposes of this provision, "emergency recovery period" shall have the meaning assigned under Section 252.50, Florida Statutes. 32 44.24 Build America, Buy America Act(BABAA). Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to the County with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FEMA. For FEMA financial assistance programs or other federally funded programs subject to BABAA, contractors and subcontractors must sign and submit the BABAA certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. 44.25 Changes. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. Any changes to this Agreement must be approved in writing by written Amendment signed by both parties. 44.26 Copyright -License and Delivery of Works Subject to Copyright. The Contractor grants to the County a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon 33 or before the completion of this contract, the Contractor will deliver to the(insert name of the recipient or subrecipient) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. 44.27 FDEM Funded Projects. If this contract is funded by FDEM, the following provisions shall apply: The Contractor is bound by the terms and conditions of any Federally Funded Subaward and Grant Agreement between the County and the Florida Division of Emergency Management(Division). The Contractor shall indemnify and hold harmless the Division and the 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. 4. The Original Agreement is amended to add the following: 48. In accordance with Section 448.095, Florida Statutes, as may be amended from time to time, 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 status of all new employees hired by the subcontractor during the contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: A) A public agency, Bidder, or subcontractor, who has a good faith belief that a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), shall terminate the contract with the person or entity. B) A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. C) A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was 34 terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. 49. Buy Clean. The County encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, the County encourages that the performance of this Agreement include considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration. 5. The Original Agreement, as amended by Paragraph 47 of the Fifth Amendment to the Agreement is hereby amended by deleting it in its entirety and replacing it with the following: 50. Common Carrier Responsibilities. If the Contractor is a common carrier, as defined in Section 908.111, Florida Statutes, the Contractor may not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal or departure of the person from this state or the United States. A contract between a governmental entity and a common carrier or contracted carrier, must include an attestation by the common carrier or contracted carrier that the common carrier or contracted carrier is not willfully providing and will not willfully provide any service during the contract term in furtherance of transporting a person into this state knowing that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. A governmental entity is deemed to be in compliance with this requirement upon receipt of the common carrier's or contracted carrier's attestation. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 6. Subparagraph 44.1 of the Original Agreement (Davis-Bacon Act Wages Statement),Exhibit"C" and Exhibit"C-Revised" of the Fifth Amendment of the Original Agreement are hereby amended only to reflect an updated Davis-Bacon Wage Determination Statement dated January 2, 2026, which is attached hereto as Exhibit"C- 2nd Revised" and made a part hereof. 7. Except as set forth in Paragraphs 1 through 6 of this Ninth Amendment to the Agreement,in all other respects,the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. 35 EXHIBIT " C — 2nd REVISED" DAVIS- BACON WAGE DETERMINATION STATEMENT 36 "General Decision Number: FL20260022 01/02/2026 Superseded General Decision Number: FL20250022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Modification Number Publication Date 0 01/02/2026 ELEC0349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 40.24 14 . 94 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes. . . . . . . . . . . . . . . . . $ 40. 40 14 . 90 Cranes 130-300 Ton. . . . . . . . . . $ 39.38 14 . 90 Cranes 76 ton to 129 Ton. . . . $ 37 .57 14 . 90 ---------------------------------------------------------------- IRON0272-004 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 28 . 84 15 .72 ---------------------------------------------------------------- PAIN0365-004 08/01/2025 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 27 . 00 14 .78 ---------------------------------------------------------------- SFFL0821-001 07/01/2025 Rates Fringes 37 SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 35 . 03 24 . 00 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 29. 10 14 . 68 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9. 94 0 . 00 LABORER: Common or General. . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10. 45 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16. 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9.58 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11. 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11.21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 .27 3 .33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 .33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- 38 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https: //www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022 . Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025 . The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (iii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type (s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate) , a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. 39 Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024 . PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 1000 of the data reported for the classifications reflected union rates . EXAMPLE: UAVG-OH-0010 01/01/2024 . UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1. 2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024 . SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date 40 for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1. 6 (c) (1) . State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C. F.R 1 .3 (g) - (h) . Example: SAME2023-007 01/03/2024 . SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be. a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys . Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: 41 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 . ---------------------------------------------------------------- END OF GENERAL DECISION TV 42 EXHIBIT "D" BYRD-ANTI LOBBYING CERTIFICATION BYRD-ANTI LOBBYING CERTIFICATION APPENDIX A,44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 43 DISCLOSITZ OF LOBBYLNG ACTnTTMS; COM=71 T—H]'�POOL M M�r"EA-71-10SE LOBBY2NGu v7rr=5,RUMSUAN'T TO 31 U15i H 52 L Tw:p,,e,of'F'eder,ek:l .kctiou,. 21 Status offederal Action. 3, Report Ii-pe: 1, conlracl A 7bAQff�z'MPqhc'I'IiQM a. b gam b itutia:aw?zd b, amimial cloaza, coopieff"Ilk'r,lueei 1. p0i'l-an'-w-d' 110M For MstesialiChnge Only: e. looms ye u- quarter f loau °�==E di lair leparr, 4. Nlne indAddress alf'Reparifinglaifir.y 5. If Rep uTfing Enfin ha No.4 is Sabovurilff, Emier Nua*nd'Address of Priumc. F—I Prime F—I S alumm&E Tipx if knom Cerr Iriii Djsfr4 ff,imoum CftagrazrlrmuE Distrkt n1ww'M 6. Federal DepartmenLAgencT: 17'. Federal Fro gjam NameID' exnpiI3aaL,: C'MANuamber,if api & Federal Acdam Number,Lfka"im- 9, Award Ammumt,ff lmom: 10. a. Name and Address arfLabky Embry b, MMd"nis Pezionuding Sierxk*s fmcjk�, g (,If imdMdual,'yam namp,5ht namE:,Ml,l adidyeisifIffErem framNo. ],On) Closq mama,,drat ma mme,M7,1 (,loch Caulikunbm Sheek��s)if neciessary) 11. Amoumt al Payment(chhiK k all ihat apoky), 13. F-I F-I b oce-dm! 12. Form afFayment(cbeik all that agply). c counnivdzu, F-1 a la'.h. d. 1'4Mh'n?efyt fea b. im kmJ., wecyfk,r: ni e defeued f cwth'ET,1ppclf 14. BnefDescription,udSendces Pvrfairmed,arto be performed,aid Dalef,i)of Bernice,ischuting afficer(*@uqAay*'s),,air member(s)camdartet fir Paii Indicaled im, IAIPM 11.: (-ahach Car'AmIubm, SbRt(s�ffnera&uryl 15. C',unbaua&m,Slieel(s)sit achied-. yes F—I No F-I I'd. IME:=362M r'K"WIis4 6XV:#this,F=1"a wafiarim"bryr Thh�3 2 U S,C' Swniau 1332, Thas of labhi�iq Sipa'Wel: riaincgi W37"PlaciA by dL4,6'gr ibilyv;WhAD ku"It-uYvizz"t,On P=:Name" p=wmt bo K U,SC 1352, Tks luf=zbou 7A.11 T�P rvpo�'to Ccmgmi;mm===E�v amid%Ubp amK3bk&r puklic impacii3a u, Aarf pw;,=ul ofkls to Elp ls:wrairk 711le!! En'd"Osm,ih"52 basrubjact 1,10 2,ch']PzM'Ity ufsof kss'tMIM S Iii wtulen thIM SIOMM,fray indl ruz N'llug Telephzme NO.: Date: Aulhinized fir Locwl Repro&xhcc, Federal Ui,e Oub:,-. 'Slandml Fami,-LLL 2-6c PAR7 2,�CCJUP,17Y INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach acontinuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 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 full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee",then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of 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 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (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). IL Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature 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. Identify the Federal officers)or employee(s)contacted or the officers) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90 45 IN WITNESS WHEREOF, the parties hereto haveset their hands and seals the day and year first above written. BOARD OF COUNTYISSN Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA s Deputy Clerk Mayor Date: AlArAI is mn,(Via'' aRNEY' APPROVED All TO FORM A ,F fi r I X.1 hrr"(AW"l WkTF� _V5.mJ09„=, „026........... Witnesses for i A T IGi IIIIZX'S II?1,1J I]IEIII1D41lGAPl,[D FIRE:, D,,1, yw,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, „ " x' X. ......... !r�...... Sl ramatn'e )I"'l erson UthUrizedto . si '4' I'A e legall) Nd ('01"T'4t. 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