HomeMy WebLinkAbout7th Amendment 06/10/2026 GVS COURTq°
o: A Kevin Madok, CPA
—
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: June 11, 2026
TO: William DeSantis, Director
Facilities Maintenance
Chrissy Collins
Facilities Maintenance Manager
Suzi Rubio
Senior Project Manager
FROM: Brynn Morey, Deputy Clerk
SUBJECT: June 10, 2026 BOCC Meeting
The following item has been executed and added to the record.
c4 7th Amendment to Barnes Alarm —to add the Sheriff's Gun Range to the list of
locations, update provisions for hurricane use, and invoice requirements update.
Approval of a Seventh Amendment to the Agreement with Barnes Alarm Systems,
Incorporated for Fire and Panic Alarm and Security System Annual Certification,
Maintenance, Repair, and Monitoring Services adding the Sheriff's Gun Range and
Marathon Sheriff Substation as new locations, updating certain Federal Provisions,
updating invoicing requirements, switching the increase method to a flat 3% instead of
tied to the CIP-U, and setting the FY27 Not-to-Exceed amount to $148,063.00. The
current annual Not-to-Exceed amount remains $140,000.00. Contract paid from Funds
001 and 101.
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
FIRE ALARM, PANIC ALARM,AND SECURITY SYSTEM
ANNUAL CERTIFICATION, MAINTENANCE, REPAIR,AND MONITORING
MONROE COUNTY, FLORIDA
This Seventh Amendment to the Agreement for Fire Alarm, Panic Alarm and Security
System Annual Certification, Maintenance, Repair and Monitoring dated December 7, 2022
("Original 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 BARNES ALARM SYSTEMS,
INCORPORATED, a Florida Profit Corporation ("CONTRACTOR"), the principal address of
which is 5800 Overseas Highway, Suite 30; Marathon, Florida 33050, collectively ("the parties").
WITNESSETH
WHEREAS, on December 7, 2022, the COUNTY and CONTRACTOR entered into the
Original Agreement; and
WHEREAS, on February 21, 2024, the Board of County Commissioners ("BOCC")
approved a First Amendment to amend the Original Agreement to add and/or update provisions,
allow for the option to request from the Contractor only, a proposal/quote for Equipment
Replacement and Installation in accordance with the current Monroe County Purchasing Policy,
to update locations currently serviced, increase payment amounts by the annual CPI-U increase
adjustment of three percent(3%)pursuant to the terms of the Original Agreement,with an effective
date retroactive to December 12, 2023; and
WHEREAS, on May 15, 2024, the BOCC approved a Second Amendment to amend the
Original Agreement to include additional locations currently serviced, amended Exhibit "A —
Revised", updated provisions to bring the Original Agreement current with certain County, State,
or Federal required contract provisions, and amended Exhibit"C—Revised"; and
WHEREAS, on April 16, 2025, the BOCC approved a Third Amendment to amend the
Original Agreement, as amended, to update locations currently serviced to include Pigeon Key,
with an effective date of January 1, 2024, and the Rockland Key Clerk of the Court Storage
Facility, when the system came online, to renew the Agreement for the first of three (3) optional
one (1) year renewals with an effective date of December 13, 2024, to update provisions in the
Original Agreement to bring them current with certain County, State, or Federal required contract
provisions, and to amend Exhibit"A—2nd Revised" of the Original Agreement, as amended in the
First and Second Amendment, which reflects the Scope of Work; and
WHEREAS, on December 10, 2025, the BOCC approved a Fourth Amendment to amend
the Original Agreement, as amended,to update locations currently serviced to remove the Big Pine
Key Commissioner District 2 Office from the list of locations, and the annual CPI-U increase
1
adjustment of two and nine tenths' percent(2.9%)pursuant to the terms of the Original Agreement
was implemented, with an effective date of December 13, 2025; and
WHEREAS, on January 28, 2026, the BOCC approved a Fifth Amendment to amend the
Original Agreement, as amended, to update locations currently serviced to add Southcliff Estates
in Key Largo, FL.; and
WHEREAS, on January 28, 2026, the BOCC approved a Sixth Amendment to amend the
Original Agreement, as amended, to renew the Original Agreement for the second of three (3)
optional one (1)year renewals.; and
WHEREAS, the County desires to amend Exhibit "A" of the Original Agreement as
amended, to add the Sheriff s Gun Range located in Marathon, Florida to the list of locations for
service set forth in the Agreement at a cost of$486.3 5 annually for Annual Inspections and $47.23
per month for Monthly Monitoring; and
WHEREAS, the County also desires to amend Exhibit"A" of the Original Agreement as
amended, to add the Marathon Sheriff Substation located in Marathon, Florida, retroactive to
January 1, 2026, to the list of locations for service set forth in the Agreement at a cost of$663.40
annually for Annual Inspections and $47.23 per month for Monthly Monitoring; and
WHEREAS, the County also desires to increase the Not-To-Exceed (NTE) amount for
FY27 to $148,063.00.00 to account for the current location's addition and previously added
locations not added to the NTE: 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 County desires to amend the Agreement to require that invoices must be
presented in a manner that facilitates ease of payment and does not require manipulation by the
County to get the invoice in acceptable form for payment, to require that each invoice must be in
a separate file and extraneous pages must be removed, to require that failure to present the invoice
in an acceptable format will result in the rejection by the County of the invoice and to provide that
Exhibit B: Application for Payment Details will also be revised to reflect the revised procedures;
and
WHEREAS, the County also desires to update the method of calculation for all future
adjustments to the annual increase to a flat 3% annually instead of adjusting by the U.S.
Department of Commerce Consumer Price Index (CPI-U) for December 31 of the previous year;
and
WHEREAS, the parties have found the Original Agreement, as amended, to be mutually
beneficial as amended; and
WHEREAS, the parties find that it would be mutually beneficial to amend the Original
Agreement, as amended, and enter into this Seventh Amendment to the Agreement.
2
NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
I. The first sentence of Paragraph 2, SCOPE OF WORK, of the Original Agreement, as
amended, is hereby amended to reflect that an Exhibit "A — 6th Revised" is attached
hereto and made a part hereof to replace the Exhibit "A" in the Original Agreement, as
modified in both the First, Second, Third, Fourth, and Fifth Amendments. The attached
Exhibit "A — 6th Revised" reflects the Scope of Work with the updated locations.
Additionally, annual increases will now be a fixed 3% per year, and any references to
adjustments based on the CPI-U are removed. The remaining provisions of Paragraph 2,
Scope of Work, of the Original Agreement, as amended, remain the same.
2. Subparagraph B. of Paragraph 5, CONTRACT SUM AND PAYMENTS TO
CONTRACTOR, of the Original Agreement, is hereby amended by deleting it in its
entirety and replacing it with the following:
B. The Contractor shall submit to the County invoices with supporting documentation
acceptable to the Clerk. The Monthly costs shall include the Fire and Panic Monthly
Monitoring. Such invoices shall be submitted monthly in arrears. The Bi-Monthly
(once every 2 months) Testing of Panic Alarms shall be performed on a time and
material basis and invoiced upon completion. The Annual Fire Alarm Inspections shall
be separately reported by location and invoiced upon completion with supporting
reports. The Contractor shall submit to the County invoices no later than twenty-five
(25) days after inspections/repairs with supporting documentation acceptable to the
Clerk. 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. The 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, rules, and
regulations as may govern the Clerk's disbursal of funds. Monroe County's Fiscal Year
is October Ist through September 30th. All outstanding invoices must be submitted for
payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for
those services. Invoices must be presented in a manner that facilitates ease of payment
and does not require manipulation by the County to get the invoice in acceptable form
for payment. Each invoice must be in a separate file, and extraneous pages must be
removed. Failure to present the invoice in an acceptable format will result in the
rejection by the County of the invoice.
3. Subparagraph C. of Paragraph 5, CONTRACT SUM AND PAYMENTS TO
CONTRACTOR, of the Original Agreement, is amended to update locations of the
Original Agreement are replaced with the following:
C. The cost of labor used by the Contractor for each location to fulfill the obligation of the
Contract will be included in the following amounts of:
3
FIRE ALARM SYSTEMS AND LOCATIONS
ANNUAL
INSPECTION
FIRE SYSTEM: AMOUNT MONTHLY
CONTROL MODEL (including any MONITOR
BUILDING LOCATION PANEL # possible AMOUNT
overtime)
Key West Courthouse 500 Whitehead St., Simplex 4100 $1,106.05 $47.23
Key West
Jail Museum (formerly Judicial 502 Whitehead St., Notifier SFP-2402 $309.27 $47.23
Workout Room) Key West
Sheriff Civil Division 500 Whitehead St., Faraday Firewatch $309.27 $47.23
Key West 11
J. Lancelot Lester Building & 530 Whitehead St., Notifier AFP-200 $2,167.25 $47.23
Records Storage Key West
Freeman Justice Center 310 Fleming Street, Notified AFP- AFP-200 $875.88 $47.23
Key West 200
Public Defender's New Office 316 Simonton Street Notifier NFS- NFS-320 $1,106.05 $47.23
320
KW Tax Collector(Searstown) 3304 N. Roosevelt Notifier NFW50X $486.35 $47.23
Blvd., Key West
Supervisor of 5200 College Road, Notifier SFP-LOUD $574.87 $47.23
Elections/Bayshore Ofc Stock Island
May Hill Russell Library 700 Fleming St., Key Notifier SFP 400B $397.80 $47.23
West
Gato Building 1100 Simonton Simplex 4010 $751.92 $47.23
Street, Key West
Gato Elevator 1100 Simonton N/A N/A $0.00 $29.52
Street, Key West
Harvey Government Center 1200 Truman Notifier NFS-320 $1,106.05 $47.23
Avenue, Key West
Bernstein Park 6751 5th Street, Notifier NFW2- $912.49 $47.23
Stock Island 100
Rockland Key Fleet I I I Overseas Notifier NFS-320 $912.49 $47.23
Department Highway, Rockland
Key
Rockland Key Clerk of Court "I I I Overseas Notifier NFS-320 $2,104.13 $47.23
Storage Highway, Units 101
and 203 Rockland
Key"
Big Pine Key Library 231 Key Deer Blvd., Notifier SFP-2404 $486.35 $47.23
Big Pine Key
4
ANNUAL
INSPECTION
FIRE SYSTEM: AMOUNT MONTHLY
CONTROL MODEL (including any MONITOR
BUILDING LOCATION PANEL # possible AMOUNT
overtime)
Big Pine Key Park 29001 Atlantic, Big EST Quickstart $751.92 $47.23
Pine Key 3
Big Pine Community 174 Key Deer Blvd, Notifier NFW- NFW-50X $486.35 $47.23
Center/Building Dept. Big Pine Key 50X
Marathon Government Center 2798 Overseas Hwy., Faraday MPC- $1,106.05 $47.23
Marathon 2000
Marathon Government Annex 490 63rd Street, FireLite MS-LOUD $574.87 $47.23
Marathon
Monroe County New EOC 7280 Overseas Notifier N16E $2,167.25 $47.23
Highway, Marathon
Pigeon Key Pigeon Key Island, Notifier NFW- $810.80 $47.23
Old 7 Mile Bridge 10OX
with a mailing
address 5800
Overseas Highway
No. 17, Marathon
Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan $574.87 $47.23
Marathon 4024
Marathon Sheriffs Hangar Marathon Airport Notifier NFS-320 $574.87 $47.23
Marathon Sheriff's Gun Marathon Airport FireLite ES50X $486.35 $47.23
Range
Marathon Sheriff Substation 3103 Overseas Notifier NFW50X 663.40 47.23
Hwy.,Marathon
Marathon DMV/Tax Collector 3015 Overseas Hwy., Notifier NFW $486.35 $47.23
Marathon SOX
Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2- $663.40 $47.23
Marathon 100
Marathon Library 3490 Overseas Hwy., Notifier NFS320 $574.87 $47.23
Marathon
Marathon Library Elevator- 3490 Overseas Hwy., N/A N/A $0.00 $47.23
Cellular Marathon
Ruth Ivins Center,Health Dept. 3333 Overseas Hwy., Notifier SFP-5UD $574.87 $47.23
Marathon
Medical Examiner 56639 Overseas Simplex 4010 $663.40 $47.23
Hwy., Crawl Key
Joe London Crawl Key Fire 56633 Overseas FireLite MS-9050 $575.99 $47.23
Academy Hwy., Marathon
5
ANNUAL
INSPECTION
FIRE SYSTEM: AMOUNT MONTHLY
CONTROL MODEL (including any MONITOR
BUILDING LOCATION PANEL # possible AMOUNT
overtime)
Ellis Building 88800 Overseas FireLite MP-24 $751.93 $47.23
Highway, Plantation
Key
Plantation Key Courthouse (old 88820 Overseas FireLite MP-24 $1,106.05 $47.23
location) Hwy.,Plantation Key
Islamorada Library 81830 Overseas FireLite MS-4424b $751.92 $47.23
Hwy., Islamorada
Murray E.Nelson 102050 Overseas Siemens FS-250 $1,458.77 $47.23
Governmental and Cultural Hwy., Key Largo
Center
Roth Building 50 Highpoint Road, Edwards EST-2 $1,106.05 $47.23
Tavernier
Jacobs Aquatic Center 320 Laguna Ave., Notifier NFW- $751.92 $47.23
Key Largo IOOX
Key Largo Library 101485 Overseas FireLite MS-SUD $751.92 $47.23
Hwy., Key Largo
Southcliff Estates 95295 Overseas Notifier NFW 100 $764.77 $47.23
Highway, Key Largo X
MC Fire Station 48 5655 MacDonald Edwards VS-I $309.27 $47.23
Ave., Stock Island
MC Fire Station# 9 28 Emerald Drive, Notifier SFP-5UD $397.80 $47.23
Big Coppitt
MC Fire Station# 11 22352 Overseas FireLite EX200 $619.20 $47.23
Hwy., Cudjoe Key
MC Fire Station# 13 390 Key Deer Blvd., EST Quickstart $619.20 $47.23
Big Pine Key
MC Fire Station# 17 10 S. Conch Ave., Notifier NFW2- $575.99 $47.23
Conch Key 100
MC Fire Station#22 151 Marine Drive, Notifier NFW2- $751.92 $47.23
Tavernier 100
Bi-Monthly(once every other month) Testing of Panic Alarms shall be
performed on a time and material basis. Panic Alarm System Central Station
Monthly Monitoring is as follows:
6
PANIC SYSTEM:
BUILDING LOCATION MANUFACTURER MONTHLY
MODEL# MONITOR
AMOUNT
Key West Drug Court 500 Whitehead St., Key CH Annex system $29.52
West
Jail Museum (formerly, 502 Whitehead St., Key CH Annex system $29.52
Judicial Workout Room) West
J. Lancelot Lester Building & 530 Whitehead St., Key CH Annex system $29.52
Records Storage West
Freeman Justice Center 302 Fleming Street, Key Navarro-Ademco $29.52
West Vista FSB Panel
(digital)
Freeman Justice Center Drug 302 Fleming Street, Key Honeywell 7845 $29.52
Court West GSMR(cellular)
Public Defender's New Office Qolsys IQ-4 $29.52
316 Simonton PowerGPan
KW May Hill Library 700 Fleming St., Key West Honeywell Lynx 5210 $29.52
Gato Building 1100 Simonton St., Key Ademco Honeywell $29.52
West
Stock Island Building Dept. 5503 College Road, Stock Lynx 5210 $29.52
Island
Big Pine Key Library Big Pine Key Plaza, Big Honeywell Lynx 5210 $29.52
Pine Key
Big Pine Community 174 Key Deer Blvd., Big Honeywell Proa7 plus $29.52
Center/Building Dept. Pine Key
Marathon Govt. Center 2798 Overseas Hwy., Lynx 5210 $29.52
Marathon
Marathon Annex 63rd St 490 63rd Street, Marathon Lynx 5210 $29.52
Marathon Courthouse 3117 Overseas Hwy., Lynx 5210 $29.52
Marathon
Marathon Library 3490 Overseas Hwy., Lynx 5210 $29.52
Marathon
Marathon State Attorney 2975 Overseas Hwy., Vista 20P $29.52
Office Marathon
Medical Examiner 56639 Overseas Hwy., Simplex Grinnell 4010 $29.52
Crawl Key FACP
Ellis Building -Property 88820 Overseas Hwy., Vista 20P $29.52
Appraiser Tavernier
7
PANIC SYSTEM:
BUILDING LOCATION MANUFACTURER MONTHLY
MODEL# MONITOR
AMOUNT
PK Courthouse (new) 88770 Overseas Hwy., Pro Series A7Plus $29.52
Tavernier
Islamorada Library MM 81.5, Islamorada Pro Series A7Plus $29.52
Murray E.Nelson Govt. 102050 Overseas Hwy., Key Honeywell 60-578 $29.52
Center Largo
Key Largo Library 101485 Overseas Hwy., Key Honeywell Vista 20p $29.52
Largo
Magnolia Building 300 Magnolia, Key Largo Vista 20P $29.52
Growth Management Ocean 11601 CR 905, Key Largo Pro Series A7Plus $29.52
Reef
The Total Annual (12 Months), Monthly Monitoring and Annual Inspections are:
Seventy Thousand, Nine Hundred, Eighty-Five and 50/100 Dollars
(Grand Total Annual 12 Months), Monthly Monitoring and Annual Inspections Proposal-
words)
$70,985.50
(Grand Total Annual 12 Months), Monthly Monitoring and Annual Inspections Proposal
- numbers)
The above annual total amount is comprised of the following:
Total Fire Alarm Annual Inspections $36,058.54
Total Fire Alarm Monthly Monitoring $2.202.10 X 12 = $26.425.20
Total Panic Alarm Monthly Monitoring $708.48 X 12 = $8.501.76
Additional Services and Emergency Services, (ex. Post— hurricane cleanup, including all
costs associated with equipment, debris removal, and dumping fees:
For invoicing purposes, the hours should be calculated in fifteen (15) minute increments.
The Application for Payment form is attached hereto as Exhibit "B" and made a part
hereof for submission with invoices.
Total Hourly Fees for Repairs, Panic Testing, Additional Services, Security System
Services and Emergency Services - (including equipment costs & dumping fees):
8
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is under v'an""Mt� 01, �wt' FnJ'uht �rr�'oices must 'ah ordcrs that requi'�'Q
shAping or Ounsportallon of parls. Mlether the g)ffll IS LH-ider M MIL
There,, shall be no adetWonal ehar',Xs to the (:'ounf,Yfi)r Iravel, mileage, mealv, or
lodging
Confraclor shall subinif proposals ftir services cosling 9f"1,00(4 00 or more and
itemized invoices in ivriting�
1), Total Compensation to Contrac,10' LUKICI- this Agreenient shaH not exceed One
Hundred, Forty Thousand. and 00/1 fad 0 ($140,000.010) DoHars annuaHy for FY 2026,
Initials'. e. unless pre-approved work requiring additional funds is implemented. AdLfitiotl"fl
services and ernergency services shall be performed in accordance NNith the rates
as sets forth and described herein. but such work inust be pre-approved.
4. Paragraph 8, MAINTENANCE OF' RECORDS of.*the Original Agreement, is hereby
amended by deleting it in its entirety and replacing it with the t6lio-wing-
8. MAI NT'ENA,N.('.E"'O,F,.R ECOR DS
The Contractor shall maintain all books, records, and dOCUments directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
9
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.
5. Paragraph 44, FEDERAL CONTRACT REQUIREMENTS of the Original Agreement
and as amended by Paragraph 3 of the Second 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:
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. W 141-3148).
10
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,
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
11
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
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
Subparwgraphs (d) and U 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
12
forth the time spent in each classification in which work is performed.
The wage determination (including any additional classifications and
wage rates conformed under Subparagrapha)(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§L3 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;
(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:
13
(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 DBAconformance(ddol.gov. The
Administrator, or an authorized representative, will approve,
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
DBAcon ormance(ddol.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
14
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
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
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
15
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
fh)QAij 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
16
(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 benefits. Whenever the
Secretary of Labor has found under Subparagraph (a)(1)(y) of 29
C.F.R. Section 5.5 that the wages of any laborer or mechanic include
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
17
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 Subpara�ralah 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
(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
httpse/iwww.dal.govlsites/daleslile,51W DIlegac�/ile,54047/.yd
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 SubRas, r� ph
18
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
Optional Form WH-347 will satisfy the requirement for submission
of the "Statement of Compliance" required by Sub2! raph
LaX3)(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
19
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
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
20
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
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.
21
(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
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 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
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
22
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
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. ' 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
23
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.
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
24
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
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;
25
(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.
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;
26
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.
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.
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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
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
28
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.
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
29
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 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
30
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;
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
31
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
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
32
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:
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 (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
33
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.
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
34
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
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 Providinz 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.
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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.
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 Chanzes. 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,
36
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
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.
6. Section 45 of the Original Agreement is hereby amended by deleting it in its entirety
and replacing it with the following:
45. 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.
37
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
terminated. A Bidder is liable for any additional costs incurred by a public
agency as a result of the termination of a contract.
7. Paragraph 14 of the Original. Agreement, as amended by Paragraph 5 of the Second
Amendment of the Agreement is hereby amended by deleting it in its entirety and replacing
it with the following:
14. NONDISCRIMINATION/EQUAL OPPORTUNITY.
The County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that, upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. The County or Contractor agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352),
which prohibit discrimination in employment on the basis of race, color, religion, sex,
and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794),
which prohibits discrimination on the basis of disability; 4) The Age Discrimination
Act of 1975, as amended (42 USC §§ 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
38
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, §§
523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968
(42 USC §§ 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 §§
12101), as amended from time to time,relating to nondiscrimination in employment on
the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits
discrimination on the basis of race, color, sex,religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶ C, agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee, who has access to the compensation information
39
of other employees or applicants as a part of such employee's essential job
functions, discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the Contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided by the agency contracting officer, advising the labor union
or workers' representative of the Contractor's commitments under section 202 of
Executive Order 11246 of September 24, 1965, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules,regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules,regulations, or orders,this contract
may be canceled, terminated, or suspended in whole or in part and the Contractor
may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
Subparagraph (1) and the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
40
administering agency the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
8. The Original Agreement is amended to add the following:
50. 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.
51. 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.
9. Subparagraph 44.1 of the Original Agreement (Davis-Bacon Act Wages Statement),
Exhibit"C- Revised" of the First Amendment of the Original Agreement, Exhibit"C- 2"d
Revised" of the Second Amendment of the Original Agreement and Exhibit "C- 3ra
Revised" of the Third Amendment are hereby amended only to reflect an updated Davis-
Bacon Wage Determination Statement dated January 2, 2026, which is attached hereto as
Exhibit"C- 4th Revised" and made a part hereof.
10. Except as set forth in Paragraphs 1 through 9 of this Seventh Amendment to the Original
Agreement, in all other respects, all the terms and conditions of the Original Agreement,
dated December 7, 2022, as amended, not inconsistent herewith, shall remain in full force
and effect.
41
EXHIBIT "A—6th REVISED"
SCOPE OF WORK
FIRE ALARM, PANIC ALARM,AND SECURITY SYSTEM
ANNUAL CERTIFICATION, MAINTENANCE, REPAIR,AND MONITORING
MONROE COUNTY, FLORIDA
Introduction:
The Contractor will provide all labor, supervision, engineering, equipment, parts, tools,
transportation, services, accommodations, incidentals, and supplies for Fire Alarm, Panic Alarm,
and Security System Annual Certification, Maintenance, Repair, and Monitoring for various
buildings located in the Upper, Middle, and Lower Keys, Monroe County, Florida. Work shall be
performed in accordance with the Contract Documents, and all documentation shall be provided
pursuant to National Fire Protection Association (NFPA) Requirements most current adopted
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 any Contractor/Proposer as to the meaning of referenced NFPA 25
documents.
The Contractor shall include all Fire Alarm maintenance and repairs, testing, annual inspections,
and possible expansion of the systems, if required.
The Contractor shall include all Panic Alarm Systems maintenance and repairs, testing, and
certification and possible expansion of the systems, if required.
Additional Security System services should include, but are not limited to, electronic door lock
system installation and/or repair, horn/strobe installation and/or repair, or any other equipment
necessary for safety-related issues, and Closed-Circuit Television (CCTV) service. Additionally,
when requested by the County, the Contractor shall advise and recommend, in writing to the
County, any needed improvements. Upon approval by the County, the Contractor shall invoice
the County for such improvements at the fee schedule rates for labor and material markup as
specified in the contract.
Listed below are all of the current buildings and devices covered under this contract, hereinafter
identified as "Lists of Equipment." More buildings and devices may be added at a later date.
43
Lists of Equipment
Fire System
FIRE SYSTEM: CONTROL
LOCATION PANEL MODEL #
BUILDING
Key West Courthouse 500 Whitehead St., Key West Simplex 4100
Jail Museum (formerly,Judicial 502 Whitehead St., Key West Notifier SFP-2402
Workout Room)
Sheriff Civil Division 500 Whitehead St., Key West Faraday Firewatch II
J. Lancelot Lester Building & 530 Whitehead St., Key West Notifier AFP-200
Records Storage
Freeman Justice Center 310 Fleming Street, Key West Notified AFP-200 AFP-200
Public Defender's New Office 316 Simonton Street Notifier NFS-320 NFS-320
KW Tax Collector(Searstown) 3304 N. Roosevelt Blvd.,Key West Notifier NFW50X
Supervisor of Elections/Bayshore 5200 College Road, Stock Island Notifier SFP-LOUD
Ofc
May Hill Russell Library 700 Fleming St., Key West Notifier SFP 400B
Gato Building 1100 Simonton Street,Key West Simplex 4010
Gato Elevator 1100 Simonton Street,Key West N/A N/A
Harvey Government Center 1200 Truman Avenue, Key West Notifier NFS-320
Bernstein Park 6751 5th Street, Stock Island Notifier NFW2-100
Rockland Key Fleet Department I I I Overseas Highway,Rockland Key Notifier NFS-320
Rockland Key Clerk of Court "I I I Overseas Highway,
Storage
Units 101 and 203 Rockland Key" Notifier NFS-320
Big Pine Key Library 231 Key Deer Blvd., Big Pine Key Notifier SFP-2404
Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart 3
Big Pine Community 174 Key Deer Blvd, Big Pine Key Notifier NFW-50X NFW-50X
Center/Building Dept.
Marathon Government Center 2798 Overseas Hwy., Marathon Faraday MPC-2000
44
FIRE SYSTEM: CONTROL
LOCATION PANEL MODEL #
BUILDING
Marathon Government Annex 490 63rd Street, Marathon FireLite MS-LOUD
Monroe County New EOC 7280 Overseas Highway, Marathon Notifier N16E
Pigeon Key Pigeon Key Island, Old 7 Mile Bridge Notifier NFW-100X
with a mailing address 5800 Overseas
Highway No. 17, Marathon
Marathon Detention Facility 3981 Ocean Terrace,Marathon FireLite Miniscan 4024
Marathon Sheriffs Hangar Marathon Airport Notifier NFS-320
Marathon Sheriffs Gun Range Marathon Airport FireLite ES50X
Marathon Sheriff Substation 3103 Overseas Hwy.,Marathon Notifier NFW50X
Marathon DMV/Tax Collector 3015 Overseas Hwy., Marathon Notifier NFW SOX
Marathon Courthouse 3117 Overseas Hwy., Marathon Notifier NFW2-100
Marathon Library 3490 Overseas Hwy., Marathon Notifier NFS320
Marathon Library Elevator-Cellular 3490 Overseas Hwy., Marathon N/A N/A
Ruth Ivins Center,Health Dept. 3333 Overseas Hwy., Marathon Notifier SFP-5UD
Medical Examiner 56639 Overseas Hwy., Crawl Key Simplex 4010
Joe London Crawl Key Fire 56633 Overseas Hwy., Marathon FireLite MS-9050
Academy
Ellis Building 88800 Overseas Highway,Plantation FireLite MP-24
Key
Plantation Key Courthouse (old 88820 Overseas Hwy., Plantation Key FireLite MP-24
location)
Islamorada Library 81830 Overseas Hwy., Islamorada FireLite MS-4424b
Murray E.Nelson Governmental 102050 Overseas Hwy., Key Largo Siemens FS-250
and Cultural Center
Roth Building 50 Highpoint Road, Tavernier Edwards EST-2
Jacobs Aquatic Center 320 Laguna Ave., Key Largo Notifier NFW-IOOX
Key Largo Library 101485 Overseas Hwy., Key Largo FireLite MS-SUD
Southcliff Estates 95295 Overseas Highway,Key Largo Notifier NFW 100X
MC Fire Station 48 5655 MacDonald Ave., Stock Island Edwards VS-I
45
FIRE SYSTEM: CONTROL
LOCATION PANEL MODEL #
BUILDING
MC Fire Station 4 9 28 Emerald Drive,Big Coppitt Notifier SFP-5UD
MC Fire Station 4 11 22352 Overseas Hwy., Cudjoe Key FireLite EX200
MC Fire Station 4 13 390 Key Deer Blvd., Big Pine Key EST Quickstart
MC Fire Station 4 17 10 S. Conch Ave., Conch Key Notifier NFW2-100
MC Fire Station 4 22 151 Marine Drive, Tavernier Notifier NFW2-100
46
List of Locations with Equipment and Devices
Notification Elevator Elevator Sprinkler Fire
Manual Smoke Duct Heat AHU/Fan In-line Door
Building Devices& Recall Warning Control Pump Flow
Stations Detect Detect Detect Interlocks Switch Release
Circuit System Lights Valves Control
Key West 10 11 12 3 40 8 2 5 5 2 1
Courthouse
Jail Museum
(formerly, 2 10 3
Judicial Workout
Room)
Old Detention
2nd Fl.
Breakroom-
Combined into
Judicial Workout
System
J.Lancelot
Lester Building, 12 68 8 7 58 7 4 6 1 1
&Records
Storage
Freeman Justice 21 53 6 22 102 6 18+3 7 4 3
Center
47
Notification Elevator Elevator Sprinkler Fire
Manual Smoke Duct Heat AHU/Fan In-line Door
Building Devices& Recall Warning Control Pump Flow
Stations Detect Detect Detect Interlocks Switch Release
Circuit System Lights Valves Control
Public
Defender's New TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD
Office TBD
Key West Tax
Collector- 2 7 3 5 2
Searstown
Supervisor of
Elections/Baysho 7 37 4 29 2 2 1
re Manor
May Hill Russell 8 30 4 12
Library
Gato Building 7 29 18 4 37 1 2 11
Harvey
Government 8 17 5 3 39 5 5 2 5 3 3
Center
Bernstein Park 7 32 5 24 3 1
Rockland Key TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD
Fleet Department
Big Pine Key 4 18 1 8
Library
48
Notification Elevator Elevator Sprinkler Fire
Manual Smoke Duct Heat AHU/Fan In-line Door
Building Devices& Recall Warning Control Pump Flow
Stations Detect Detect Detect Interlocks Switch Release
Circuit System Lights Valves Control
Big Pine Key 6 15 1 10 3
Community Park
Big Pine
Community 3 6 5
Center/Building
Dept.
Marathon
Government 8 45 6 19 3
Center
Monroe County TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD
New EOC
Marathon
Government Ctr 3 2 4 0 11 4 2 2
Annex
Marathon
Detention 1 41 4 6 1
Facility
Marathon 6 16 10 3
Sheriff's Hangar
49
Notification Elevator Elevator Sprinkler Fire
Manual Smoke Duct Heat AHU/Fan In-line Door
Building Devices& Recall Warning Control Pump Flow
Stations Detect Detect Detect Interlocks Switch Release
Circuit System Lights Valves Control
Marathon
Sheriff's Gun 1 6 4 6 1 1
Range
Marathon 2 14 1 1 4
Sheriff
Substation
Marathon
DMV/Tax 3 12 1 13 1 1
Collector
Marathon 9 14 1 26 5 2
Courthouse
Marathon 10 12 4 1 35 3 3 3 1
Library
Ruth Ivins 5 8 2 7 2
Center
Medical 5 2 10 18 3 1
Examiner
Joe London
Crawl Key Fire 4 10 1 2 11 3 1
Academy
Ellis Building 7 14 6
50
Notification Elevator Elevator Sprinkler Fire
Manual Smoke Duct Heat AHU/Fan In-line Door
Building Devices& Recall Warning Control Pump Flow
Stations Detect Detect Detect Interlocks Switch Release
Circuit System Lights Valves Control
Plantation Key 8 2 8
Courthouse(Old)
Islamorada 6 23 12
Library
Murray E Nelson 9 9 4 2 55 4 4 2 2
Roth Building 15 49 6 68 6
Jacobs Aquatic TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD
Center
Key Largo 2 6 5 1 7 3
Library
Southcliff 3 1 1 28 8
Estates
MC Fire Station 6 20 2 2 37 3 3 2 1
#8
MC Fire Station 2 6 1 7 4 1
#9
MC Fire Station 5 14 2 19 1 1
4 11
51
Notification Elevator Elevator Sprinkler Fire
Manual Smoke Duct Heat AHU/Fan In-line Door
Building Devices& Recall Warning Control Pump Flow
Stations Detect Detect Detect Interlocks Switch Release
Circuit System Lights Valves Control
MC Fire Station 5 22 2 6 27 2 4+1 2 1
4 13
MC Fire Station 6 17 1 2 17 1 1 1
417
MC Fire Station 6 15 1 6 20 1
#22
Pigeon Key 25 33 0 1 38 0 0 0 21 0 11 0
52
Panic System:
Bi-Monthly (once every other month) Testing of Panic Alarms shall be performed on a time
and material basis. Panic Alarm System Central Station Monthly Monitoring is as follows:
PANIC SYSTEM:
BUILDING LOCATION MANUFACTURER MODEL #
Key West Drug Court 500 Whitehead St., Key West CH Annex system
Jail Museum (formerly, Judicial WorkOL 502 Whitehead St., Key West CH Annex system
Room)
J. Lancelot Lester Building & Records 530 Whitehead St. Key West CH Annex system
Storage
Freeman Justice Center Navarro-Ademco Vista 128
302 Fleming Street, Key West
FSB Panel (digital)
Freeman Justice Center Drug Court Honeywell 7845 GSMR
302 Fleming Street, Key West
(cellular)
Public Defender's New Office 316 Simonton Street, Key West Qolsys IQ-4 PowerGPanic
KW May Hill Russell Library 700 Fleming St., Key West Honeywell Lynx 5210
Gato Building 1100 Simonton St., Key West Ademco Honeywell
Gato Building—2nd floor 1100 Simonton St., Key West Ademco Honeywell
Stock Island Building Dept. 5503 College Road, Stock Island Lynx 5210
Big Pine Key Library Big Pine Key Plaza, Big Pine Key Lynx 5210
Big Pine Community Center/Building 174 Key Deer Blvd., Big Pine Key Honeywell Proa7plus
Dept.
Marathon Government Center 2798 Overseas Hwy., Marathon Lynx 5210
Marathon Annex 63rd St 490 63rd Street, Marathon Lynx 5210
Marathon Courthouse 3117 Overseas Hwy., Marathon Lynx 5210
Marathon Library 3490 Overseas Hwy., Marathon Lynx 5210
Marathon State Attorney's Office 2975 Overseas Hwy., Marathon Vista 20P
Medical Examiner 56639 Overseas Hwy., Crawl Key Simplex 4010
53
PANIC SYSTEM:
BUILDING LOCATION MANUFACTURER MODEL #
Ellis Building—Property Appraiser 88820 Overseas Hwy., Tavernier Vista 20P
Plantation Key Courthouse (new) 88770 Overseas Hwy., Tavernier Pro Series A7Plus
Islamorada Library MM 81.5, Islamorada Pro Series A7Plus
Murray E. Nelson Govt. Center 102050 Overseas Hwy., Key Largo Honeywell 60-578
Key Largo Library 101485 Overseas Hwy., Key Largo Honeywell Vista 20p
Magnolia Building 300 Magnolia, Key Largo Vista 20P
Growth Management Ocean Reef 11601 CR 905, Key Largo Pro Series A7Plus
Camera Locations and Quantity:
Bernstein Park, Stock Island—Qty: 16
Big Pine Key Community Park, Big Pine Key—Qty: 7
Marathon State Attorney— Qty: 14
Marathon Courthouse—Qty: 19
Marathon Library—Qty: 33
Marathon Medical Examiner—Qty: 16
Supervisor of El ecti ons/B ay shore Manor, Stock Island— Qty: 3
Key West Library— Qty: 11
Freeman Justice Center, Key West—Qty: 29
Scope of Work:
The Scope of Work below includes, but is not limited to the inspections, maintenance, monitoring,
service, and replacement of Fire Alarm Systems, Panic Alarm Systems, and other Security
Systems, such as electronic door lock systems, horns/strobes, and CCTV systems.
Inspection
A visual inspection of every device in the above"Lists of Equipment'will be performed to ensure
that no facility changes have occurred which could affect equipment or system performance based
on the original design.
54
Testing
Every device and control function shown in the "Lists of Equipment" will be physically activated
to ensure its functionality as designed and installed. Testing takes into consideration the AHJ
(Authority Having Jurisdiction) requirements, local ambient conditions and the manufacturer's
recommendations. The Contractor shall follow NFPA 72 recommended test methods and
frequencies as a minimum guideline for system testing. System configuration is verified during
inspections and compared to existing records. Complete documentation of testing and a report of
any deficiencies will be presented for review before the technician leaves the facility. Audible
testing will be conducted during off or non-operational hours, and the schedule will be pre-
approved by the County.
Smoke Detector Sensitivity
Smoke Detector Sensitivity Testing will be performed in accordance with NFPA 72 using the
manufacturer's recommended test methods and a UL(Underwriters Laboratories)approved testing
device. The Contractor shall provide the necessary documentation to satisfy the AHJ. The
Contractor shall provide an analysis of the report along with recommendations for detectors that
require cleaning or replacement.
The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies
and any other means of construction necessary or proper for performing and completing the Scope
of Work, unless otherwise specifically stated.
The Contractor shall perform Monthly Fire and Panic Alarm Monitoring, Annual Fire Alarm
Inspections and Bi-Monthly Panic Testing (once every two (2) months).
The Contractor shall respond within four (4) hours of notification of service, twenty-four (24)
hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure
twenty-four (24) hour service.
The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and
materials (except freight, tax, services supplied by others, and equipment rental), plus fifteen
percent (15%), that are used in repair of County owned and maintained fire and alarm systems.
The manufacturer's invoice must accompany all requests for payment. All parts and materials shall
be of equal or greater quality as compared to the existing parts and materials in use. Freight
invoices must accompany requests for payment on all orders that require shipping or transportation
of parts or materials, whether the part is under warranty or not.
The Contract amount may be adjusted annually by applying a flat 3% increase to the contract
amount, and it is no longer tied to the U.S. Department of Commerce Consumer Price Index (CPI-
U) for all Urban Consumers as reported by the U.S. Bureau of Labor.
55
Specifications:
A. FIRE ALARM SYSTEM ANNUAL CERTIFICATION
I. The Contractor shall furnish fire alarm system annual certification and maintenance,
(including Calibrated and/or Standard Smoke Detector Sensitivity Testing as required by
the National Fire Protection Association); including all necessary labor, equipment,
permits, licenses, insurances, travel costs, and all other costs associated.
2. Work shall be performed in accordance with, and all documentation shall be provided
pursuant to, National Fire Protection Association Requirements.
3. Fire alarm annual certification, along with all noted deficiencies which may be identified
during the course of certification, shall be provided to the office of the Facilities
Maintenance, Contract Monitor, 123 Overseas Hwy., Rockland Key, Key West, Florida
33040, within thirty (30) days prior to expiration of respective existing certifications.
4. All identified deficiencies which are detected and identified during the course of the
certification process, shall be rendered and submitted, along with all documentation for
corrective measures to include cost expenditures required to correct same. All noted
deficiencies shall be corrected within thirty (30) days.
NOTE: When conducting annual inspections for some Monroe County facilities,
primarily the Courthouses,it may be necessary to schedule inspections before or after
normal hours on an overtime basis.
B. FIRE ALARM SYSTEM MONITORING
1. The Contractor shall furnish alarm system monitoring, including all necessary labor,
equipment, permits, licenses, insurances, travel costs, and all other costs associated with
same to include, but not limited to, the locations indicated on the"Lists of Equipment".
2. The Contractor shall provide Total Service Coverage. The Contractor shall have access to
a supply of all parts and controls normally necessary for the emergency repairs of all
County maintained alarm systems so that such emergency repair will be completed within
forty-eight(48) hours of notification by the Owner.
3. Work shall be performed in accordance with, and all documentation shall be provided
pursuant to, National Fire Protection Association Requirements.
C. FIRE ALARM SYSTEM REPAIR AND MAINTENANCE
1. System Software Updates-Microprocessor-based systems will have the software upgraded
when required to maintain the listing requirements of AHJ.
2. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as
those found during the course of system testing, inspection, or preventative maintenance,
or have failed during operation, will be provided. Only original replacement components
manufactured by the original equipment manufacturer or other compatible components
shall be used in order to preserve Underwriters Laboratories (U.L.) Listings and meet
NFPA requirements.
56
D. PANIC ALARM SYSTEM CERTIFICATION
1. The Contractor shall furnish panic alarm system annual certification and maintenance, (as
required by the National Fire Protection Association); including all necessary labor,
equipment, permits, licenses, insurances, travel costs. and all other costs associated.
2. Work shall be performed in accordance with, and all documentation shall be provided
pursuant to, National Fire Protection Association Requirements.
3. Alarm Certification, along with all noted deficiencies which may be identified during the
course of certification, shall be provided to the office of the Facilities Maintenance
Department, 123 Overseas Highway, Rockland Key, Key West, Florida 33040, within
thirty (30) days prior to expiration of respective existing certifications.
4. All identified deficiencies, which are detected and identified during the course of the
certification process, shall be rendered and submitted, along with all documentation for
corrective measures to include cost expenditures required to correct same. All noted
deficiencies shall be corrected within thirty (30) days.
E. PANIC ALARM SYSTEM MONITORING
1. The Contractor shall furnish alarm system monitoring, including all necessary labor,
equipment, permits, licenses, insurance, travel costs, and all other costs.
2. Work shall be performed in accordance with, and all documentation shall be provided
pursuant to, National Fire Protection Association Requirements.
3. The Contractor shall also provide a price to replace, register, and reprogram
Communicators as necessary for the purpose of establishing monitoring which includes
any necessary updates to the County's currently monitored systems.
F. PANIC ALARM TESTING, REPAIR AND MAINTENANCE
1. The Contractor shall test all panic alarms Bi-monthly to ensure they are working properly.
Testing shall include, but not be limited to, battery life, proper communication signal, and
overall device function.
2. Work shall be performed in accordance with, and all documentation shall be provided
pursuant to, National Fire Protection Association Requirements.
3. All identified deficiencies, which are detected and identified during the course of the
testing process, shall be rendered and submitted, along with all documentation for
corrective measures, including cost expenditures required to correct same. All noted
deficiencies shall be corrected within thirty (30) days.
G. OTHER SECURITY SYSTEMS REPAIR AND MAINTENANCE
1. The Contractor shall furnish electronic door lock systems, horns/strobes, and CCTV
systems, including all necessary labor, equipment, permits, licenses, insurances, travel
costs, and all other costs.
57
2. Work shall be performed in accordance with, and all documentation shall be provided
pursuant to, National Fire Protection Association Requirements.
3. All identified deficiencies which are detected shall be rendered and submitted, along with
all documentation for corrective measures including cost expenditures required to correct
same. All noted deficiencies shall be corrected within 30 days.
58
EXHIBIT "B"
APPLICATION FOR PAYMENT DETAILS
59
APPLICATION FOR PAYMENT DETAILS
DATE: INVOICE NUMBER:
ARRIVAL TIME: DEPARTURE TIME:
LOCATION:
ROUTINE: REPAIR:
PARTS AND MATERIALS COSTS
ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL
1.
2.
3.
4.
5.
PARTS &MATERIALS SUB-TOTAL $
15%INCREASE ON ABOVE PARTS &MATERIALS $
SERVICES SUPPLIED BY OTHERS (amount charged to be reimbursed) $
FREIGHT CHARGE(amount charged to be reimbursed) $
TAX CHARGES (amount charged to be reimbursed) $
PARTS & MATERIALS TOTAL $
LABOR(rounded to 15 minute increments) AND EQUIPMENT COSTS
_Regular HOURS Technician $ _ SUB-TOTAL$
_Regular HOURS Technician&Helper$ SUB-TOTAL$
_Regular HOURS Helper alone or additional Helper $ SUB-TOTAL$
Overtime HOURS Technician $ SUB-TOTAL$
_Overtime HOURS Technician&Helper $ SUB-TOTAL $
_Overtime HOURS Helper alone or additional Helper $ SUB-TOTAL$
LABOR AND EQUIPMENT TOTAL $
TOTAL$
DESCRIPTION OF WORK:
Date Authorized 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.
*All invoices and supporting documentation must be sent as separate PDF's
60
EXHIBIT " C - 4rh REVISED"
DAVIS- BACON WAGE DETERMINATION STATEMENT
61
"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
62
----------------------------------------------------------------
SFFL0821-001 07/01/2025
Rates Fringes
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
63
and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
----------------------------------------------------------------
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) ) .
64
----------------------------------------------------------------
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 .
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.
65
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
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
66
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:
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
67
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210 .
----------------------------------------------------------------
END OF GENERAL DECISION
68
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
69
DISCLOSITZ OF LOBRYUNG ACTnTTMS;
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CFDA Number,if appl cable
& Federalkcdom Number,ffkamm: 9. Award Amauat,,ff liwwa.
10. a. dame and Address dLabky Emfiry b. Iniffiidwis Perlarandmr,lea es (Mf]udm3
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Fed*ral Ui,e Oub:,-. 'Slandml Fami-LLL
2-6c PAR7 2,CCJUP'17Y
/0
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
71