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HomeMy WebLinkAboutItem C18 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K.Scholl,District 3 -� Holly Merrill Raschein,District 5 Regular Meeting July 15, 2026 Agenda Item Number: C18 26-32343 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: N/A STAFF CONTACT: Willie DeSantis AGENDA ITEM WORDING: Approval of a Second Amendment to the Agreement with Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI- U of 2.7%, change the future increase method to a flat 3%, set the FY27 not-to-exceed amount to $183,917.00 with FY26 remaining at $169,000.00,renew the agreement for the first of up to four one- year periods, and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. ITEM BACKGROUND: On July 17,2024, the BOCC approved a Bid Award Agreement for Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service with an initial (2)year term commencing on August 1, 2024 and terminating on July 31, 2026, with an option to renew for up to an additional four(4) one- year periods. Initial Total Value of Contract was $169,000. A First Amendment was approved on June 18, 2025. This Second Amendment seeks approval to increase the contract amount by 2.7%, change the VCPI-U to a flat 3%, renew for an additional one year, and update contract provisions. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024—The BOCC approved a Bid Award Agreement with Master Mechanical Services, Inc June 18, 2025 —The BOCC approved the First Amendment to increase the contract amount by 2.9% and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Increase the contract amount by the CPI-U of 2.7%, change the future increase method to a flat 3%, set the FY27 not-to-exceed to $183,917.00 with FY26 remaining at$169,000.00, renew the agreement for the first of up to four one-year periods, and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. STAFF RECOMMENDATION: Approval DOCUMENTATION: Second nAmendment FINANCIAL IMPACT: Effective Date: 08/01/2026 Expiration Date: 07/31/2027 Total Dollar Value of Contract: $183,917.00 Total Cost to County: $183,917.00 Current Year Portion: $183,917.00 Budgeted: Yes Source of Funds: Ad Valorem - 20501, 20505, 20503 CPI: 2.7% Indirect Costs: $0.00 Estimated Ongoing Costs Not Included in above dollar amounts: $0.00 Revenue Producing: No If yes, amount: Grant: No County Match: No SECOND AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE-- MULTIPLE LOCATIONS, MONROE COUNTY, FLORIDA This Second Amendment to the Agreement for Lower Keys HVAC Maintenance and Service - Multiple Locations dated July 17, 2024 ("Original Agreement"), is made and entered into this 15th day of July, 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 MASTER MECHANICAL SERVICES, INC., a Florida Profit Corporation ("Contractor"), the address of which is 15181 Northwest 33rd Place, Miami, Florida 33054, collectively ("the parties"). WITNESSETH WHEREAS, on July 17, 2024, the COUNTY and CONTRACTOR entered into the Original Agreement; and WHEREAS, on June 18, 2025 the Monroe County Board of County Commissioners (BOCC) approved a First Amendment to amend the Original Agreement to include an increase of two and nine-tenths percent (2.9%) effective August 1, 2025, and it also amended the Original Agreement to correct and/or update provisions to bring them current with certain County, State, or Federal required contract provisions; and WHEREAS, the COUNTY desires to increase payment amounts by the annual CPI-U increase adjustment of two and seven-tenths percent (2.7%), with an effective date of August 1, 2026,pursuant to the terms of the Original Agreement; and WHEREAS,the County also desires to update the method of calculation effective October 1, 2026, for all future adjustments to the CPI-U increase to a flat three percent (3%) annually instead of adjusting by the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for December 31 st of the previous year; and WHEREAS, in preparation for the FY27 fiscal year, the County desires to increase Total Compensation to the Contractor on an annual basis under this Agreement to One Hundred Eight- three Thousand Nine Hundred Seventeen and 00/100 ($183,917.00) Dollars effective October 1, 2026; and WHEREAS,the County wishes to renew the Agreement for the first of up to four(4) one- year periods; and 1 WHEREAS, the County also wishes to update the address of the Monroe County Attorney's Office in Paragraph 10, (PUBLIC RECORDS COMPLIANCE), and in Paragraph 24 (NOTICE), of the Original Agreement, as amended; 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; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend their Original Agreement and enter into this Second Amendment to the Original Agreement. NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR) of the Original Agreement, as amended, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or three percent (3%), whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%,whichever is less, as of December 31 st of the previous year. The CPI-U on December 31, 2025, was two and seven-tenths percent (2.7%), and, thus, the parties desire to increase the payments by two and seven-tenths percent (2.7%), which is the equal or lesser amount, with an effective date of August 1, 2026. 2. Paragraph 6, Subparagraph D (CONTRACT SUM AND PAYMENTS TO CONTRACTOR), of the Original Agreement is amended to reflect new contract payment amounts pursuant to the annual CPI-U change with an effective date of August 1, 2026. Paragraph 6(D) of the Original Agreement is replaced with the following: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: Labor — Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $126.81 per hour, mechanic $153.23 per hour, senior mechanical specialist $206.07 per hour, mechanic plus helper $206.07 per hour, senior mechanical specialist plus helper 2 Overtime rate for hours other than the normal working hours as stated above, including holidays: $174.37 per hour, mechanic $179.65 per hour, senior mechanical specialist $258.91 per hour, mechanic plus helper $258.91 per hour, senior mechanical specialist plus helper There shall be no additional charges to the County for travel, mileage, meals, or lodging. The Contractor shall submit itemized invoices in writing. For invoicing purposes, the hours shall be calculated in fifteen (I5) minute increments. 3. In preparation for the FY27 fiscal year,the County desires to increase Total Compensation to the Contractor on an annual basis under this Agreement to One Hundred Eighty-three Thousand Nine Hundred Seventeen and 00/100 ($183,917.00)Dollars effective October 1, 2026. Paragraph 6, Subparagraph E shall be replaced as follows: E. Total Compensation to Contractor under this Agreement for FY27 (Fiscal Year 2027) shall not exceed ONE HUNDRED EIGHTY-THREE THOUSAND, NINE HUNDRED SEVENTEEN AND 00/100 ($183,917.00) Dollars annually, unless pre-approved work requiring additional funds is implemented and approved by the Board of County Commissioners. The County will request quotes for additional services as set forth in Paragraph 2 and Exhibit "A" herein. 4. Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR) of the Original Agreement, calculates the increase amount to the Contract in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics or three percent (3%), whichever is less, and shall be based upon the CPI- U computation or three percent (%,) whichever is less, as of December 31 of the previous year. Going forward, the Contract amount may be adjusted annually by applying a flat three percent (3%) increase to the contract amount, and shall no longer relate 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. Annual increases will now be a fixed three percent (3%)per year, and any references to adjustments based on the CPI-U are hereby removed. Effective August 1, 2026, Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR) of the Original Agreement, as amended, is changed as follows: 3 The Contract amount may be adjusted annually by applying a flat three percent (3%) increase to the contract amount, and shall not be related 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. The initial three percent(3%) adjustment shall be effective on October 1, 2027. 5. In accordance with Paragraph 3, (TERM OF AGREEMENT) the County exercises the option to renew the Agreement for the first of four(4)optional one-year periods. This one- year renewal term shall commence August 1, 2026, and ends upon July 31, 2027, unless terminated earlier under another paragraph of the Agreement. 6. Paragraph 10, PUBLIC RECORDS COMPLIANCE, of the Original Agreement, as amended in the First Amendment, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 10. PUBLIC RECORDS COMPLIANCE The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: A. Keep and maintain public records that would be required by the County to perform the service. B. Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 4 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. E. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT MONROE COUNTY ATTORNEY'S OFFICE, P. O. BOX 1026, KEY WEST, FL 33041, PUB�.ICRECORDS( NR ECOUN,rY FL.GOV, PHONE NO. 305- 292-3470. 5 7. Paragraph 24, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 24. NOTICE REQUIREMENT All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail,certified,return receipt requested postage prepai8d, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein util changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Master Mechanical Services, Inc. Facilities Maintenance Department 15181 NW 33rd Place 123 Overseas Highway—Rockland Key Miami, FL 33054 Key West, FL 33040 And County Attorney P. O. Box 1026 Key West, FL 33041 8. Subparagraph 50.1, Clean Air Act and Federal Water Pollution Act, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.1 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 6 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. 9. Subparagraph 50.2, Davis-Bacon Act, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). A) When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000,awardedby 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 Revised Exhibit"C"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. 7 C)Required contract clauses. All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-11). All applicable contractors must include these provisions in full in any subcontracts. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or(for contracts covered by the Federal Acquisition Regulation (48 CFR Chapter 1))by reference, in any contract in excess of$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution(except where a different meaning is expressly indicated),and which is subject to the labor standards provisions of any of the laws referenced by � 5.1, 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 Subparagraphs (d) and(e,) of 29 C.F.R. Section 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141 2 B ) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph A 1)(v) of 29 C.F.R. Section 5.5; also,regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in Subpara t�.aph (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 8 specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under Subpara_rg abh (a)(1)(iii) of 29 C.F.R. Section 5.5) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b)Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR Part 1, a wage determination may contain, pursuant to 1.3 , wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to Subparagraph (a)(1)(iii) of 29 C.F.R. Section 5.5,provided that: (A) The work perfonned 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: 9 (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(c�r�,dol.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 DBAconformancegdol.ovov, 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 LD)of 29 C.F.R. Section 5.5. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to Subparagraph (a)(1)(iii)(C) or D) of 29 C.F.R. Section 5.5 must be paid to all workers performing work in the 10 classification under this contract from the first day on which work is performed in the classification. (d)Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided, That the Secretary of Labor has found,upon the written request of the contractor,in accordance with the criteria set forth in § 5.28,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (f)Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding (a) Withholding requirements. The Federal Emergency Management Agency (FEMA), the Florida Division of Emergency Management (FDEM) or the County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief,including interest,required by the clauses set forth in Paragraph(a) of 29 C.F.R. Section 5.5 for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's 11 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 Subparagraph 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 3 i of 29 C.F.R. Section 5.5, or both, over claims to those funds by: (1) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3)Records and certified payrolls (a)Basic record requirements (1)Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute)for a period of at least 3 years after all the work on the prime contract is completed. 12 (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)(v) 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 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 13 certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2)Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under Subparagraph (a)(3)(i)(B) of 29 C.F.R. Section 5.5, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.goi,lvitesldolgov/files/WHD/legacfftles/wh347/.pd f or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses,telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or FDEM, the County or other entity, as the case may be, that maintains such records). (3)Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (A) That the certified payroll for the payroll period contains the information required to be provided under Subparagraph a 3 ii of 29 C.F.R. Section 5.5, the appropriate information and basic records are being maintained under Subpar�ph 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, 14 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 Subparagraph (a)(3)(ii)(C) of 29 C.F.R. Section 5.5. (5)Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6)Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (c) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (d)Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under Subparagraphs (a)(3)(i) through iii of 29 C.F.R. Section 5.5, and any other documents that FEMA or the Department of Labor deems 15 necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by "J, 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§ 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR Part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider,among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to FEMA if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If FEMA is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to FDEM, the County or other entity, as the case may be, that maintains such records, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 16 (4)Apprentices and equal employment opportunity (A)Apprentices (1)Rate ofpay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2)Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3)Apprenticeship ratio. The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to Subparagraph (a)(4)(i)(D) of 29 C.F.R. Section 5.5. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in Subparagraph (a)(4)(i)(A) of 29 C.F.R. Section 5.5, must be 17 paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4)Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker's hourly rate) applicable within the locality in which 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 (gJL W 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 detennination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR Section 5.5 may be grounds for termination of 18 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. 5.12(a). (B)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or ' 5.12(a). (C) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. (11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist,harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (A) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; 19 (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. 10. Subparagraph 50.3, Contract Work Hours and Safety Standards Act, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. A) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Subparagraph 5.5(b)(1) of 29 CFR Section 5.5, the contractor and any subcontractor responsible therefor shall be liable for the 20 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; (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 21 (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 seeping to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (4) Informing any other person about their rights under CWHSSA or this part. Further Compliance with the Contract Work Hours and Safety Standards Act. A) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. B) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by 22 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 bye 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. 11. Subparagraph 50.11, Department of Homeland Security (DHS) Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.11 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. 12. Subparagraph 50.14, Changes to Contract, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.14 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 23 modification, change order, or constructive change must be approved in writing by both the County and Contractor. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. 13. Subparagraph 50.23, Copyright of the Original Agreement,as amended,is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 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. 14. Then Ori_in�greement, as amended, is hereby amended to add the following as Subparagraph 50.26, Changes, and shall read as follows: 50.25 Changes. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. Any changes to this Agreement must be approved in writing by written Amendment signed by both parties. 15. The Original Agreements, as amended, is hereby amended to add the following as Subparagraph 50.27, Common Carrier Responsibilities, and shall read as follows: 50.27 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 24 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. 16. Except as set forth in Paragraphs 1 through 15 of this Second Amendment to the Original Agreement, in all other respects, all the terms and conditions of the Original Agreement, dated July 17, 2024, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 25 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: MONROE COUNT'ATT R � -5 OFFICE f�EDAS 0 M w FNMA ASStSTANT � IT DATE,: /6 2026 Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. Signature of person authorized to Signature legally bind CONTRACTOR Date: Date Print Name Print Name and Title Address: Signature Telephone Number Date Print Name 26 REVISED EXHIBIT "C" DAVIS-BACON WAGE DETERMINATION STATEMENMT 27 7/6/26, 10:26 AM SAM.gov "General Decision Number: FL2O26O022 05/18/2026 State: Florida Construction Types: Building Counties: Florida Counties of Monroe Modification Number Publication Date 0 01/02/2026 1 05/18/2026 ELECO349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40.24 14.94 ---------------------------------------------------------------- ENGIO487-023 07/01/2023 Rates Fringes OPERATOR: CRANE (CRANES 76 TON TO 129 TON). . . . . . . . .$ 37.57 14.90 OPERATOR: CRANE (CRANES 130-300 TON). . . . . . . . . . . . . . .$ 39.38 14.90 OPERATOR: CRANE (ALL CRANES OVER 300 TON, ELECTRIC TOWER, LUFFING BOOM CRANES). . . . . . . . . . . . . . . . . . . . . . . . .$ 40.40 14.90 OPERATOR: CRANE (ALL CRANES 75 TONS AND BELOW). . . . .$ 37.07 14.90 ---------------------------------------------------------------- IRONO272-0O4 10/01/2024 Rates Fringes IRONWORKER: STRUCTURAL AND REINFORCING. . . . . . . . . . . . . .$ 28.84 15.72 ---------------------------------------------------------------- PAINO365-0O4 O8/01/2O2S Rates Fringes PAINTER: BRUSH ONLY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 27.00 14.78 ---------------------------------------------------------------- SFFLO821-001 07/01/2025 Rates Fringes SPRINKLER FITTER (FIRE SPRINKLERS). . . . . . . . . . . . . . . . . .$ 35.03 24.00 ---------------------------------------------------------------- SHEE0032-0O3 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC DUCT INSTALLATION). . . . . . . . . .$ 29.10 14.68 ---------------------------------------------------------------- SUFL2O09-059 05/22/2009 Rates Fringes TRUCK DRIVER, INCLUDES DUMP AND 10 YARD HAUL AWAY. . .$ 8.00 0.15 SHEET METAL WORKER, EXCLUDES HVAC DUCT INSTALLATION.$ 14.41 3.61 ROOFER: BUILT UP, COMPOSITION, HOT TAR AND SINGLE PLY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.33 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 3.33 https://sam.gov/wage-determination/FL20260022/1 1/4 7/6/26, 10:26 AM SAM.gov PAINTER: ROLLER AND SPRAY. . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.21 0.00 OPERATOR: PUMP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.00 0.00 OPERATOR: PAVER (ASPHALT, AGGREGATE, AND CONCRETE). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9.58 0.00 OPERATOR: BACKHOE/EXCAVATOR. . . . . . . . . . . . . . . . . . . . . . . .$ 16.98 0.00 LABORER: PIPELAYER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.45 0.00 LABORER: COMMON OR GENERAL. . . . . . . . . . . . . . . . . . . . . . . . .$ 8.62 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9.94 0.00 CEMENT MASON/CONCRETE FINISHER. . . . . . . . . . . . . . . . . . . . . .$ 12.45 0.00 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 5.07 ---------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- 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 $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ----------------------------------------------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers https://sam.gov/wage-determination/FL20260022/1 2/4 7/6/26, 10:26 AM SAM.gov A four-letter identifier beginning with characters other than *SU*, AUAVGA, QSAA, or *SC* denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ASUA 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 ASAA identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an https://sam.gov/wage-determination/FL20260022/1 3/4 7/6/26, 10:26 AM SAM.gov 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 ASAA identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ---------------------------------------------------------------- END OF GENERAL DECISION https://sam.gov/wage-determination/FL20260022/1 4/4 „ Cleric of the Circuit COurt& Comptroller—Monroe County, Florida DATE: September 3, 2024 TO: )Villiann De antis, Director Facilities Maintenance* Chrissy Collins encutiwe Administrator Alice Steryou C'orntract Monitor FROM: Liz Yon uc, Deputy Clerk [MI f:T: July 17, 20241. 0('1C Meeting The following items have hcenan executed d and added to they record- (' record- ('8 Agreement with Master Mechanical Services, Inc., in an annual not to exceed arnournt of 169,000.00 fear- Lower Keys llV"A(' Maintenance and Service at Multiple Locations in Monroe C"aunty, Funding is Ad Valorem, C:`l0 Agreement with Master Mechanical services, Inc, in an annual amount not to exceed d 158,0(:0.00 for Middle Keys f-i A:C' Maintenance and Service at. Multiples Locations in, Monroe C'aurnty. Funding is Ad Valorem, C l I Agree ment with Master Mechanical Services, Inc., in, an annual amount flat to exceed $148,000,00, for Upper l eys IIVAC Maintenance and Service at Multiple Locations in Monroe County. Funding is Ad Valorem, Should you have any questions please feel free to contact rune at(:305) 29 -:3_5 cc: ('aunty Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3111 Overseas Highway 33770 Overseas Highway Key West, Florida 33040 Marathon„ Florida 33050 Plantation Keay, Florida 33070 AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE ALSO SERVICE - M'ULTIPLE LOCATIONS,, MONROE COUNTY, FLORIDA This Agreement is made and entered into this J 7th day of July,2024, between MONROE COUNTY, FLORIDA ("Count), / "Owner,""'), a political subdivision of tile State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC.,a Florhki For Profit Corporettion,authorized to do business in the State of Florida, ("Contractor"), whose address is 15181 NW 33 Place, Miami, Florida 33054. WHEREAS, (,ounty desires to contract for the performance of the, work and/or services described in Exhibit "A"' and identified as the Scope of Work, which is for Lower Keys I IVAC Maintienfinceand Service fit,Multiple !.,ovations iii Monroe County ("Prcject"); find WHEREAS, Contractor desires to and is able to perform the work and/or seivices, described in the attached Exhibit"A";and WHEREAS, it serves a legitimatc public purpose for Contractor to perfbi-in the work andlor wrvices for Monroe County as described in the attached Exhibit"A"; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT 'Flie Contract Documents consist of this Agreement and any amendments executed by (lie parties hereafter, the Request ror Proposals ("RFP") dMinlentS, and any addenda issued prior to tile exectition of this Agreement, including the response to the RFP, exhibits, and all required iMirancc documentation and licenses. The Contract represents (lie entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreenients, either written or oral, In (lie event of as discrepancy between the documents, precedence shal I be determined by the order ofthe documents as just listed, 2. SCOPE OF WORK The Scope of Work shall include, but riot be limited to,, all work and/or services shown and listed for (lie locations as noted in Exhibit "A", which is attached hereto and made a part hereof The Contractor is required to provide a complete job as contemplated by this Scope of Work. 'Flie Contractor shall (tarnish all labor, supervision, materials, power tools, equipment, supplies, perm its, if any are necessary,and any other ineans of construction or work necessary or proper for performing and completing the Scope of'Work,unless otherwise specifically stated,or as amended throughout (lie terni of this Agreement. At times, (lie County may request additional services for the, repair, replacement, or upgrade of major components, parts, or equipment as noted in Exiiibit "A", The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. AGREEMENT Page I of 53 3. TERM OF AGUKEMENT 'rhe initial terin of this Agreement shall be for two(2)years which shall comnletice oil August 1, 2024, and will terminate on July 31, 2026, UnIeSS Wrininated earlier tinder Paragraph 27 or this Agreement. The County shall have the option to renew this Agreement for up to an additional four (4)one- year periods ore terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30)days prior to the end ofthe initial term. Unless the context clearly indicates otherwise, references to the "terra" of this Agreement shall mean the initial term of two (2)years.'I'lic County is not required to state a reason ir it elects not to renew, 4. PERSONNEL 'File Contractor will be responsible fibi,the supervision, hiring, and 1,-tring of"their own employees and shall be solely responsible for the pay, Nvorker's compensation insurance,, and benefits,, Communication between the County Representative and the Contractor's personnel is very important, Therefore, the Contractor must assure that at least one(1)of its personnel per huilding can communicate well in the English language with [lie County Representative, Ally employee hired. by the Contractor-will be the Contractor's employee und in no way has any assochation with tile County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State, and Federal regulations. Uniforms are preferred for Contractor's personnel; however, photo identification cards are required, which shall clearly identif�, personnel as employees of tile Contraicton This requirement shall apply upon entering County property and at all tiniesAgr"nient while our duty. 5. BACKGROUND CHECKS/FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days ofaward of the contract. Tile County reserves tile right to refuse personnel based on results of the background check. flee Cotinty reserves the right to demand ortbe Contractor replacement ofarr employee fbi,the Contractor if a conflict or problem with that emtfloyee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any oiriployce(s)orthe Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the COUnty. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and tile results of(lie background check within Five (5)days of"such employment. The Contractor will be responsible for the supervision, hiring, and firing of their own employees,and shall be solely responsible for the pay,worker's compensation insurance, and benefits. Borne: work will be conducted at secure facilities, including, but not limited to Corrections/Detention facilities, law enforcement,, and fire rescue. Background checks, including at a 11lininlUTIA: A. Warrarits,check; 13, Fingerprints; C. Local Records check; AGREEMENT Page 2 of 53 D. Prior Employment check; and F.Criminal I listoty check are required,of Contractor's personnel that will enter Monroe Count herill's Office ("MCSO") facilities. Background checks oil such personnel will be conducted by time MC`' O, MCSO may prohibit entry to, or remove from, any sectire facility any Contractor employee who, in the Judgwent or MC SO, poses a risk to time sceurity or good order of the facility, Thereafter, MCSO and the Conti-actor wil I immediately discuss resolution or the problem. If(lie problern is not resolved to the satisfaction of the MCSO, the eniployce shall not be permitted to return to any facility operated by the MCSC.). Contractor will promptly replace the employee at no additiojial cost to County, Conazctor fuilher of to notify County, immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or wilvicted of any crime, Failure by Contractor to notify Comity of such arrest or conviction within forty-eight, (48) hours of being put oil notice by (lie ellIP10yeC/SUbcontractor and/or within Five (5) days or its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of (lie duties dweribed in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract ininiediately with no fin'ther responsibility to make payment or perform any other duties described herein, 6. CONTRACTSUM AND PAYMENTS TO CONTRACTOR A. COUIII)OS performance and obligation to pay under this Agreement, is contingent upoll an annual appropriation by the, f3oard of County Commissioners. Counly shall pay in accordance with time Florida Local Goveriwient Prompt Paynient Act; payment will he made after delivery and inspection by County Mid upon submission of a proper invoice by Contractor. B, Contractor shall subm-it to County invoices with supporti ng documentation acceptable to the (..'Ierk, on as rnonthly schedule in arrears For monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion of(lie repair by the Contractor and said %vorkapproved by an appropriate County representative, to be paid at time earliest date possible following completion of" the repair, Acceptability to time Clerk is based oil generallyacceptcd accounting principtesand such laws, rules, and regulations as may govern the lerk's disbursal of funds. An Application for Payment Details form is attached hereto as,Exhibit"B"and made a part hereof. Payment may be withheld for failure of Contractor to comply with a term', condition, or requirement of this Agreement. Monroe County's Fiscal Year is October I" through September 30tgh. All outstanding invoices, must be submitted for payment within ten (10) days of the: end of the Fiscal Year to avoid non-payment of those services.. C� The County shall, pay the actual cost of parts, materials, and refrigerants, excluding freight, equipment rental, tax aniounts, surcharges, and services supplied by others purchased AGREEMENT Ptige 3 of 53 firorn the manufacturer plus Fifteen percent(151/u)to f1i I ri 11 the obligat ions l'the Contract. The County shall pay the actual cost of equipment rentals plus Five percent (5%), to fulfill tile obligations of' the Contract. Delivery fees, travel, mobilization lees, tax amounts, and surcharges are excluded from mark up. Freight, delivery and mobilization fees, tax amounts, surcharges,and services supplied by others shall tic reimbursed kyrarnounts charged. Parts will be paid at the wholesale cost, plus Fifteen percent (1.51/o), on all parts listed oil the Stock Paris Price Tis( provided by Con(ractor and approved by the County attached hereto as Attachinent "A" and made a part hereof. Manufacturers invoice must accompany all pails riot identified on the approved Stock Parts Price List when submitting requests for payment. Fivight invoices must accompany all orders that require shipping,or transportation of parts whether the part is under warranty or not, D� The cost ot'labor used by the Contractor to fitiffill tile obligation of the Con(ract will be calculated using the rates set forth in the Contractors bid as follows. Labor—Normal working hours of 8M a,im to 5M p.i-n,, Monday through Friday, excluding holidays, MOM per hour, mechanic $145.00 per hour, senior mechanical specialist $195.00 per hour, mechanic plus helper. $195,.00 per hou'r, senior mechanical specialist plus helper Overtime rate for hours other than the normal working lnorw®s as stated above, including holidays: $165.00 per hour, mechanic $170.00,per hour, senior mechanical specialist $245.00 per hour, mechanic plus helper $245,00 per hour, senior mechanical specialist plus helper I'liere sboll be no odditionol chorges,to the Cowqfior to-moel, infleage, nieuls, or lodg,ing. C,onlractor shall submit itemized butwices in ivriling. For in voicing purinmeN, the hourN shall be ettleutoled in,fifteen (15)minute increnients., E, Total Compensation to Contractor under this Agreement shall riot exceed ONE HUNDRED SIXI'Y-NINEn-iouSAND AND OO/100($169,000,00')Dollars annually,unless pre-approved work requiring additional flunds is implemented all(] approved by the Board of County Commissioners. The County will request quotes for additional services as set Forth in Paragraph and Exhibit "A" herein. F. The Contract amount may be ad.juslcd annually in accordance with the percentage change in the U.S. I)epartinent of Coninierce Consumer Price Index for all Urban Consuniers (CPl- U),as reported by the I S, Bureau of Labor Statistics,or three percent(3%),whichever is less, and shall be based upon the CPI-IJ computation on December 3 1st ol'Itic previous year, or Ifirce percent Qno ,Whichever is less. AGREEMENT Page 4 of 53 Contractor has, and shall maintain throughout the term of this Agreement, oppropriate ficetises. Proof of such licenses shall be submitted to the County Up011 execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and docurnents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven, (7) years fix)ni (lie termination of this Agrcernent or for a period of five, (5)years from n the subm ission oft lie final expenditure report as per 2 CFR §200334, if applicable, whichever is greater. Each party to, this Agreement or their authorized representatives shall have reasonable and timely access to such records or each offict, 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 nionies 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 J)Ursuant to Sec. 55.03,Florida' latrrtes, running from the date the trionies were paid to the Contractor. 9. RIGHT TO AUD11' 4vailability,of Records, I'lie records ofthe parties to this Agreenient relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidditig, instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation, general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deerned necessary by County, or the Monroe County Office of"the Clerk of Court and Comptroller (hereinafter relbrred to as "County Clerk") to substantiate charges related to this, agreement, and all other agreements, sources of infiorniation and matters that may in County's or, the County Clcrk's reasonable Judgn'ient have any bearing on or pertain to any matters, rights, duties,orobligations under or covered by any contrac(doCUMCM(all foregoing hereinafter referred to as "'Records")shall be open to inspection and subject to audit and/or reproduction by Coun(y's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not lirnited to, counting employees at (lie Job site, witnessing the distribution of payroll, verifying payroll computations,,overhead corriptitations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and anIOUnt',through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives, All records shall be kept for seven (7) years after Final Completion of the Pro'ject. 71"he County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by Monroc County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for PUPOSCS 110t Mithorized by this Agreement, or were wrongfully retained by the Contriactor,the Contractor,shall repay the monies together with interest calculated pursuant to See, 55.03, Florida Statutes, running frorn the date the monies were paid to ithe Contractor, 'rhe Right 10 Aledil Provisions Survive the termination or expiration of this Agreement. AGREEMENT Page 5 of 53 101 PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not himited to Chapter 119, Florida Statutes and Section 24 of Article I ol'the Constitution of Florida, The County and Contractor shall allow and pertnit reasonable access to, and inspection of, kill documents, records, papers, letters or other "public record" materials in its possession or Linder its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance,, 'Fhe 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 ofthis provision shall be deerried a material breach of this contract and the County may enforce the terms of this provision in the fixiii of a court proceeding and shall, as a prevailing party, be entitled to reinibUrSCRIOU of all attorney's fees and costs associated Nvith that proceeding. '['his provision shall survive any termination or expiration of the contract. 'I'he Contractor is encouraged to consult with its advisors about Florida Public Records, Law in order to comply with this provision. Pursuant to Fla tat., See, 119.070 1, and the terms and conditions of this contract, the Contractor is required to: (1) Keel) and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow tho records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of tile Contractor or keep and maintain public records that would be required by the County to pC601111 the SCIMCC. If the Contractor transfers all public records 10 the COLInty Upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential an(] exempt frown public records disclosure requirernentsR W(he Contractor, keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Ali records, stored electronically rnust be provided to the County, upon request frorn the County's custodian of records, in a format that is compatible with the information technology systems cif the County. (5) A reclucst to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the reciLICsIed records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the Count), or allow the records to be inspected or copied within a reasonable tinie. If the Contractor does not comply with the County's request for records, the County shall enforce 'tile Public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation ol'this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to AGREEMENT Page 6 of 53 a valid public records request within a reasonable tinie iray be subject to penalties under Section 119.10, Florida Statutes,. The Contractor shall not transfer custody,release, alter,destroy,or otherwise dispose of ally public records unless or otherwise provided in thus provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS RECARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TRE CUSTODIAN OF PUBLIC RECORD& BRIAN BRADLEY, AT PHONE NO. 305-,292-3470, BRADLEY- BRtANLt)M0NR0EC0UNTY-FL.G0V, , MONROE COUNTY ATTORNEY'S OFFICE, t I II 12TH STREET,-SUJTE 408, KEY WEST, FL 33040. 11, IIOLDIIAR.MLESS,,INI)FMNIFICAI'ION, AND DEFENSE Notwithstanding any minimum insurance requircments prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (H)any litigation, administrative proceedings,,appellate proceedings,or other proceed ings relating to any type of injury(including death),loss,damage,fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or Sustained by, any indemnified part), by reason of, or in connection with, (A) any activity of the Contractor Or ally Of its e,1711flOyeeS, agents, Contractors or other invitees during the terin of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or onlission,of tile Contractor or any of its employees,agents, sub-contractors or other invitees,Or (C)the Contractor's default in respect of any of the obligations that it Undertakes under the terms of this Agreement,except to the extent tile claims,actions,causes of action, litigation,proceedings, costs or expenses arise frorn the intentional or sole negligent acts or ornissions, of the County or ally of its employe", agents, contractors or invitees (other than the. Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutm, The limits of liability shall be asset forth in the insurance requirements included in Paragraph 12 herein, Insofar as [lie claims, actions, Causes Of action,, litigation, proceedings, costs or expenses relate to events or circumstances that occur during, the term of this Agreement, this section will survive the expiration of(lie term of this Agrecalent,or an), earlier termination of this Agreement. in the event that tile completion of the project (to include the work of' others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the,Contractor shall indemnify the County from tiny and till increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, tile Contractor agrees and warrants that tile Contractor shall hold the County harmless and shall indemnify it from all IOSSCS Occurring thereby and shall further defend any clairn or action on the County's behalf. AGRLLIMENT Page 7 of 53 Tile extent ofliability is in no way limited to, reduce(], or lessened by the insurance requirements contained elsewhere within this agreement. FDE,M Inc eninirication To the I'Lillest extent permitted by law, (lie Contractor shall indemnify and hold harmless the Agency, the State of Florida, I)epartnient of Finer envy Management, and its ol-ricers and employees, from liabilities, dantages, losses and costs, including, but not limited to, reasonable attorriey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or titilized, by the Contractor in the performance of this Contract, This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a Nvaiver of the State of 111orida and the (County) Agency's sovereign immunity, 12. INSURANCE Con tractor shall obtain-and maintain at its own expense the insurance coverages listed within this Paragraph prior to commencing service under this Agreement. All insurance requirement's provided for in this Agreement shall be subject to annual review. 1"he Contractor nnust keel)in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap it) coverage occurs. Copies of current policy certificates shall be filed with the Monroc County Risk Department or the Facilities Maintenance Department Contract Monitor,as appropriate,whenever acquired, amended, and annually during the term of this Agreement. Vrior to execution of this Agreement,Contractor,4iall furnish the County Certificates of Insurance indicating the minimum coveragc, limitations in the following arnounts: 0 WORKERS COMPENSATION AND EMPLOYER'S LIABILTIV INSURANCE. Where applicable,coverage to apply for all employees at rninimuni statutory limits as required by Florida Law,and Employee's Liability coverage in the amount of$500 000.00 bodily injury by accident,$500,000,00 bodily itkiury by disease,policy limits,sand 5100 000.00 bodily, injury by disease,each employee. is COMPRE HENS,IVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, With limits of liability of not less than S300,000.0 pet' occurrence, combined single limit for Bodily Injury Liability atidPropet-tyDam,agel,iability, If single lini its are provided,the minimum acceptable I im its, -ire $L 200,000.00 per person, $300�O00,00 per occurrence, and $200,000�00 property damage. Coverage shall include all owned vehicles,all non-owned vehicles,, and all hired vehicles. a COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than S1,000,000.00 pet- occurrence combined single limit for Bodily Injury Liability and Property Damagc Liability. 0 CERTIFICATES OF INSURANCE, Original Certificates of Insurance shall be provided to the County at the time of exectition of this Agreement and certified copies provided if AGREEMENT Page 8 of 53 requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted,, 'File underwriter of such insurance shall be qtWified to do business in the State of Florida. 11'requested by the County Administrator, the insurance covet-age shall be primary insurance with respect to the County,its officials,employees,agents, and volunteers. Failure of'Coll tractor to comply with the insurance requirements of this section shall be cause for imulediate termination of this Agreement. MONROE COVNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL IA'SURE,DOAI,ILLPOLICIE,SE,XCE,PTJYORKF,R'S('0.4filk,NSAIIION. 13, NON-WAIVER OF IMMUNITY Notwithstanding the provisions ol'Sec. 768.28, Florida Statutes, the participation of County and Contractor in. this Agreement and the acquisition of any commercial liability insurance coverage, sell-insurance coverage,or local government liability insurance pool coverage shall not be deemed a Nvaiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver, 14. INDEPENDENT CONTRACTOR At al I tirnes and for all purposes under this Agreemcni Contractor is all independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be cmployees of the, Board of County CornmisAoners of Monroe County. 15, NONDISCRIMINATION/ EQUAL JeM11L0VMVNT OPPORTUNITY CONTRACTOR and COUNTY agree that tilcre will be no discrimination against any person, and it is expressly understood that upon as determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order, Contractor or County agrees to comply with all Federal and Florida statutes, and alt local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V11 of the Civil Rights Act of 1964 (PI, 88-352,) which prohibits discrimination in eniploynient on the basis of race, color, religion,sex,or national origin;2)Title IX of the Education A meridnient of 1972,as amended(20 USC ss. 1 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;3)Section 504 of(lie Rehabilitotion Act of1973,asarnended(20 USC s. 794),which prohibits,discrimination oil the basis of disabi lity; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6 101- 6107)which prohibits discrimination on the basis of age;5)Tile Drug Abuse Offlice and Treatment Act of 1972 (PL -255), as atliended, relating to nondiscrivoination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Piwention,Trcatnient and Refiabi litation Act of 1970 (PL. 91-616), as amended, relating to nondiscrimination on (hc basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC. ss. 690dd-3 and 290ec,-3),as amended, relating to confidentiality of alcohol and drug abuse patient records;8)Title AGREEMENT Pap 9 of 53 Will of 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 s 12101 Note), as may be amended from time to time., relating to nondiscrimination of the basis of disability; 10)Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color,sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the pat-ties to, or the su[Iect matter of., this Agreement. During the performance of this Agrcement, the Contractor, in accordance with Equal Eml.)I(ryment OPPortunily(30 Fe(L Reg. 12319, 12935, 3 C,FR, Part, 1964-1965 Comp.,p, 339)as amended by Executive Order 11375, 111nenefing Execillive Or"Ier 11246 Relming to Eqiml Emploj)nienl OpporInnity, and implementing regulations at 41 CER, fart 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), sag 2 CYR Part 200, Appendix 11,11 C,agrees as tbilows: 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 eClUally 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; Iayolf or termination; rates of pay or other forrns of compensation; and selection for training, including apprenticeship. '17he Contractor agrees to post in conspicuous places, available to employees and applicants f1w employment, notice,s to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisernews, for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration lot- employment without regard to race, C010r, religion,SeX, SeX1.181 orientation, gender identity,or national origin, 3) The Contractor will not discharge or in any other inanner disedininate against any employee or applicant for employntent because such employee or applicant has inquired about, discussed,or disclosed (lie compensatim ofthe employee or applicant or another employee or applicant. This provision shall not apply to instances, in which an employee, who has access to the compensation information of other ernployees or applicants as a part of'such employee's essential job functions, discloses the cornpensation 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 fornial complaint or charge, in flurtherance of an investigation, proceeding, hearing, or action, including tun investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. AGREEMENT Page 10 of 53 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in COTISPiCUOUS PIUCS available to crnployecs and applicants for employment. 5) 'flue Contractor will comply with all provisions of Executive Order 11246 of September 24, 1 65, 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 (lie administering agency and the Secretary of Labor [Or PUrposes 01' investigation to aseellain compliance with such rules, regulations,and orders. 7) In the event of the Contractor's non-counpl i ance wit lithe nondiscrimination clauses of th iS contract or with any of the said I-L&S, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in EXeCLItive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in ExCCLItiVC Order 11246 of September 24, 1965, or by rule,regulation, or order of tile Seerctary of Labor, or as otherwise provided by law, 8) The Contractor will include the portion of the sentence inn iniediatcly preceding paragraph (1) and (lie provision of' paragraphs (1) through (8) in every subcontract or purchase order unless exempted by Riles, regulations, or orders of the Secretary oftabor 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. 'rhe Contractor will take such action with respect to any subcontract or purchase order as (lie administering agency nlay direct as a means of enforcing such provisions, including sanctions liar non-compliance; provided, however,that in the event a contractor becomes involved in, or is, threatened with, litigation with a subcontractor orvendoras a I'Mill of such direction by tile administering agency the Contractor may i,cqLjcst the United States to enter into such litigation to protect the interests of the Unitcd States, 16. ASSIGNMEN SUBCONTRACT Contractor shall no (assign or subcontract its obligations under this Agreement to others,except in writing and with the prior written approval of the Board of County Commissioners ol'Monroc COUnty,which approval shall be subJect,to such conditions and provisions as the Board may deem necessary. This paragraph shall lie incorponated by reference into any assignillient or subcontract and any assignee or subcontractor shall comply with all of (lie provisions of this Agreenient. Unless expressly provided fbr therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. AGR5EMENT Ilige I I of 53, 17. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws, of the Federal and State government, ordinances, rules, and regulations pci-taining 'to, or regulating the provisions of, such services, ineftiding those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the lWeral and State government. Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terrninatc this Agreement. Contractor shall possess Proper licenses to perform work in accordance with these specifications throughout the terra Of this Agreenient. 18. PUBLIC ENTITY CRIME INF01MATION STATF.M11,Wr "A person or affiliate,who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods Or Services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may, not be awarded or perform work as a Construction Manager, supplier, subcontractor, or COnSUIU111t Under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 297,017, Florida Statutes, for CATEGORY TWO, for a period of thirty-six (36)months from the date of being placed on the convicted vendor list." 19. ETHICS CLAUSE "Contractor warrants that he/she/it had not employed, retained, or otherwise had act on his/herfits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990oratiyCoittity off cei,or employee its viola(ioi,iof Section 3ol*Ot,dinatice No.010-1990. For breach or violation of"dais provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the ful I amount of any fee, commission, percentage, gift, or consideration paid to the former County Officer or employee," 20. CO,NVENANT OF NO INTO RLi S County and Contractor, covenant that neither presently has tiny interest, and shall not acquire any interest, either direct or indirect, which would conflict in any manner or degree with its performance under this contract, as provided in Sec. 1112.311, & seq., Florida Statutes, and the only interest ofeach, is to perform and receive benefits as recited in this Agreement. 2L CQDE OVETHICS; County agrees that officers and employees ofthe County recognize and wil I be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;IniSLISC of public position;,conflicting employment or contractual relationship; and disclosurc or use of certain information. 22. NQ SOLICITATION/PAYMENT AGREEMENT Page 12 of 53 County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person,other than a bona fide employee working soWy for it,to solicit or secure, this Agreement and that it has not paid or agreed to pay any person,company, corporation, individual, or firni, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent LIj)0rI Or resulting from the award or making of this Agreement. Eor the breach or violation of the provision, the Contractor agrees that tile COLInty shall have the right to terminate this Agreement without liability and, at its, discretion,, to offset from rnonies owed, or otherwise recover, the full arnount of such fee, commission, percentage, gill, or consideration. 23. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor ol'payment or surety for any contract,debt,obligationjudgment,lien,or any form of indebtedness, (.ojitractoi,fLirtlierwariiitits and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 24, NOTICE REQUI]VEMENT All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence n-Nuired or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pro- paid, or by courier with proof ofdelivei'y. The,place ol'giving Notiec shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph, Notice is deerned received by Contractor when hand delivered by national courier with proof of delivery or by U $, Mail upon verified receipt or LIJ)011 the date of refusal or non-acceptance of delivery. Notice shall be sent to the folloNving persons: FOR CO�UNTY: FOR CONTRACTOR: Monroe county Master Mechanical Services, Inc. Facilities Mairimnanec Department 15181 NW 33 Place 123 Overseas Highway— Rockland Key Miami, FL 33054 Key West, FL 33040 and County Attorney I I 11 12"' Street, Suite 408 Key West, FL 33040 25. E-VERIFY SYSTE M Beginning January 1, 2021, in accordance with Fla. Stat, See. 448,095�, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of I-lonieJand Security's F- Verify system to verify the Nvorkauthorization status of all new employees hired by (lie Contractor during the term of the Contract and shall expressly require,any subcontractors performing work o,r providing services pursuant to the Contract to likewise utilize the IJ.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract tern. Any subcontractor shall provide an affidavit stating AGREEMENT Page 13 of 53 (hat the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and lie subject to the provisions of Fla. Stat., Sec. 448,095. 26. TAXES County is exempt from payment of Florida Sote Sales and Use taxes, Contractor shall not be exenipted by virtue of the County's-exemption firom paying sales tax to its supp]iers for materials cased to fulfill its obligations under this contract, nor is Contractor authori/ed to use the County's Tax Exemption Nuniber in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement, 27, TERMINATION A. In the event that the Contractor shall be found, to be negligent in any aspect ofservice, tile County shall have the right to terminate this Agreement after seven (7) days' writtcn notification to the Contractor. 13. Either of the parties hereto may cancel this Agreement without cause by giving (lie other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms.of the contract upon termination. C. Terminalion for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terillinate this Agreement. The County may also terminate this Agreement fior cause Nvith Contractor should Contractor fail to perform tile covenants herein contained at the time and in tile manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seven (7)calendar days' written noticcand: provide the Contractor with an opportunity to cure the breach that has,occurred, If the breach is not cured, (lie Agreement will be terminated for cause, If the County terminates, this Agreement with the Contractor, County shall pay Contractor the stern due the Contractor under this Agreement prior to terniinafion,unless the cost of completion to the County exceeds the funds remaining in the,contract; however, the County reserves the right to asscrt and seek an offset lbr damagcs caused by tile breach. The maximurn amount due to Contractor shall not in any event exceed (lie spending cap in (his Agreement, In addition, tile County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contnact and including the right to pursue as claim for violation ofthe County's False Claims Ordinance, located at Section 2-721 et at. of tile Monroe County Code. [,),'("et,initiatiojifoi°Coiiveiiieiice., The County may terminate this Agreement for convenience,, at any lime, upon ninety(90)days' written notice to Contractor. If(lie County terminates (his Agreement with the Contractor,County shaif pay Contractor tile suns due the Contractor under this Agreement prior to termination, unless tile COSt Of Completion to tile COLnuy exceeds the funds remaining in (lie contract. The maximum aftIOUnt due to Contractor shall not exceed the spending cap in this Agreement, AGREEMENT Page 14 of 53 E. Scrutinized Conipanics: For Conti-acts of any amount, if the County determines that tile Contractor/Consultant, has submitted a false ceilification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, Or is engaged in a boycott of' Israel, the County shall have the option of (1) terminating the Agreement, after it has given the Contractor/Consultant written notice and an opportunity to demonstrate tile agency's determination of false certification was in error pursuant to Seotioll 287.135(5)(a),Florida Statutes, or(2) maintaining tile Agreement if the conditions of Section 287.135(4), Florida Statutes, are met, F. For Contracts,of$1,000,000 or more (1) If the County determines that the CO"WaCtOr/C011SUltailt Ssubmitted a false certification under Section 287.135(5),Florida Statutes,the County shall have the option of'(1)immediately terminating the Agreement after it has given the, Contractor/Consultant written notice and an OPPOI-fi-Inity to demonstrate the agency's determination of false certification was, in error pursuant to Section 287,135(5)(a), Florida Statutes, or (2) inaintaining the Agreement if the conditions of Section 287'.1325(4), Florida Statutes,are inet, (2) If the Contractor/Consultant has been placed oil tile Scrutinized Companies with Activities in the Sudan list,or if(lie Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option ol'(1) terminating the Agreement or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287,135(4), Florida Statutes,are niet. 28. MECHANIC'S UENS Tile Contractor shall not permit anyinechanic's lien or liens,to be placed on any of the Locations or on improvements thereon, If a mechanic's lieti is filed, it shall be the sole responsibility of tile Contractor or its officer,employee, agent,contractor,or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the liens authorized in Cheap, 713, Fla, StaL,do not apply to the County, Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 29, GOVERNING LAW AND VENUE This Agreenient shall be govertied by and construed in accordance with the laws of tile State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUIlty and Contractor agree that venue will He in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The parties waive their rights to trial by jury, 30, INTERPRETATIONN AND MEDIATION The County and Contractor agree that, in the everi( of conflicting interpretations of the terms or a term ofthis Agrecincrit by or between any of there tile iS%Ue shall be submitted to mediation prior, to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreenient shall be in accordance with the Florida Rules of'Civil Procedure and usual and customary procedures required by (fie circuit court of Monroe County. AGRrHEMENT Page 15 of 53 31. SEVERABILITY If any term, covenant,condition, or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenfurceable to any extent by a court of Competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this,Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement, The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that conies as close as possible to the intent of the stricken provision. 32. ATTORNEVIS FEES AND COSTS County and Contractor agree that in the event any cause of action or,administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation ol'this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as at) award against the non-prevailing party, tit all levels of the court system, including in appellate proceedings. 33. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreenie tits shall be attempted to be resolved by meet and confer sessions between representatives of cacti of the pail ics, The Contractor and County repmsentative shall try to resolve the claim or dispute with ineet and confer session.(;. It' the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or,by Florida law. This Agreement is not subiect to arbitration, This provision does not negate or waive the provisions of Paragraphs 15 or 27 concerning terinination or cancellation. 34, COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the forimflon, execution, pertbrmance, or breach ofthis Agreement, County and Contractor agree,to participate, to the extent required by the, other party, in all proceedings, hearings, processes, mcctings,and other activities related to the substance of this Agreenient or provision of the services under this Agreement. County and Contractor specifically agree that no,party to this Agreement shall be required to enter,into any arbitration proceedings related to this Agreement, 35. BINDING EFFECA' The terms, covenants, conditions, and provisions of this Agrecinctit shall bind and inure to the benefit of County and Contractor kind their respective legal representatives, successors, and assigns 36. AUTHORITY Hach party represents and warrants to the other that the execution, delivery, and performance of' this Agreement have been dilly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had arnple opportunity to submit this Agreement to legal counsel of its choice and enters into this Agreement freely, voluntarily, and with advice of counsel. AGREEMENT Page 16 of'53 37. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is,empowered to apply for, seek, and obtain Federal and state Funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Any conditions imposed as a result of the funding that affect the ProJect will be provided to each party. 38. PRIVILEGE S AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions, and relief, disability, workers' corn pensat ion, and other benefits which apply to tile activity of officers, agents, or employees of any public agents or employees of the County, when perfl)rining their respective functions Under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties Of'SLICII officers, agent,,, volunteers, or employees outside the territorial I in-lits of the County, 39. LEGAL, OBLIGATIONS AND RE SPONSIBILITIES This Agreement is not intended to, not, shall it Ile COnStI'Lled as, relieving any participating entity from ally obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any pailicipating entity,in which case the perilormancc may be offered in satisfaction of the obligation or responsibility, 40. NON-DELEGATIO-N OF CC Nsu'runOINAL OR STATUTORY DUTIES This Agreement is not intetided to, nor shall it be construed as, al.lthOfizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 41. NON-RELIANCE 13Y NON-PARTIES No person or entity shall be entitled 10 rely Upon the terms, or any ofthem, of this Agreement to enforce or attempt to enforce array third-party claim or entitlement to or benefit of any service or program contemplated hercundcr,and the County and the Contractor agree that neither the COUnty nor the Contractor or any agent,oMeer, or employee of either shall have the authority to inform, COLmsel, or otherwise indicate that any particular individual or group, of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement, 42. ATTESTATIONS Contractor agrees to execute such documcrits as the County may reasonably require to include a Public Entity Crime Statement,an lithics Statement, and a Drug-Free WorkplaceStatemett'l. 43. NO PERSONAL LIABILITY No co errant or agreement contained herein shall be deerned to be a covenant or agrect'nent of any member,, officer, agent, or employee of Monroe County in his or her individual capacity, and no mertiber, officer, agent, or employee of Monroe County ,hall be liable personally oil this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. AGREEMENT Page 17 of 53 44. EXE CUTI.0 N IN COUNTERPARTS I'llis Agreement may be executed in any number ofcounlerparts, each of which shall be regarded as all original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any Such Counterpart., 45. UNCONTROLLABLE CIRCUMSTANCE Any delay or 111ilUre OFC-ither Party to perform its obligations under this Agreement will be excused to file extent that the delay or failure was caused directly by all event beyond such Party's control, without such Party's flault or negligence and that Iby its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts, of God;,, (b) flood, lire, earthquake, explosion, tropical storm, WITICalIC Or OtfiCr declared Cill ergCDCY in tile gCOgYaphic area of the Project; (c) war, invasion, hostilities(vvilether war is,declared or not), terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project; (d)government order or low ill the geographic area of the ProJect; (c)actions, embargoes,or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable C ireu m stance"). Contractors financial, inability to perforni, changes in cost or availability of materials, Components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. (,,ontractor shall give County written notice within seven (7)days of any event or circumstance that is reasonably likely to result in all Uncontrollable Circumstance, 011 as soon as possible after such Uncontrol[able Circumstance has occurred if reasonably anticipated,and the anticipated duration of'such Uncontrollable Circurnstance, Contractor Shall Use all diligent efforts to end tile Uncontrollable Circumstance, ensure that the effects of any U n control lable Circumstance are rninimized and resume full performance under this Agreernent, 'I'lle County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost, Change Order or Amendment for such reasonable tillie a as tile Owner's Representative may determine, 46. PAIZAGIW"ll HEADINGS Paragraph headings,have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such paragraph headings are not as part ofthis Agreement and will not be used it) the interpretation ofany provision of this Agreement, 47. COMMON CARRIEIZ RESPONSIBlu'rm.s 11'Coil tractor is a common carrier,as defined by Section 908.111, Florida:statutes, then Contractor hereby may not willfully provide any service during the Contract term in furtherance of tratisporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person Frorn this state or the United States, The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the ternis ofthis provision shall be deellied as niaterial breach of this contract and the County may enforce the terms of this provision in (lie form of a court, proceeding and shall, its a prevailing party, be entitled to reinibursenlent of all attorney's fees and costs associated with that proceeding, 'I'his provision shall SLII'ViVC ally termination or expiration of tile contract. 48. INCORPORA'FION 0I? RF,P DOCIUMENIS 'Flie terms and conditions of the RFP documents are incorporated by reference in this contract agreellient. AGREEMENT page 18 of 5.3 49. ANNUAL APPROPRIATION "I'lle County's performance and obligation to pay under this Agreement is contingent upon nil annual appropriation by the Board or county Commissioners. In the event that the County funds oil which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the ternis of this Agreement to the Contractor beyond that already 111CU"ITed by the termination date. 50. FEDERAL CONTRACT TAT,QUIREMENTS The Contractor and its sub-contractors inust follow the provisions, as applicable, as set forth in 2 C.17K §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to; 501.1 Clean Air Act (42 U.S.C, §§7401-7671%) and the Federal Water Pollution Control Act (33 U.S'Q. "125 1-�1387 asaj-ncndLgdj. on ((act agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended(42 Ui.S,C.§§7401-767 1 q) and (lie Federal Water Pollution Control Act, as aniended (33 U.S.C, §§1251-13187) and will report violations to FEMA/Federal Agency and the appropriate Itegional Office of the Environmental Protection Agency,(EPA),The Clean Air Act (42 US.C. §§7401-7671q.)and the Federal WaterPollotion Control Act(33 US.C. §§1251-1387), asamended,applies to Contracts and subgrants of announts 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 FEMANederal agency, The Contnactor agrees to report each violation to the County,, and understands and agrees that tile County will, in turn, report each violation as required to assure notification to FEMA./Federal Agency and the appropriate EPA Regional Office, 50,2 Davis-Bacon Act, as amended (40 U.S.C. §43141-3148). When re-qUired by Federal program legislation, which includes Emergency Management Preparediiess Grant Program, Homeland Security Grant Program, Nonprof it SCCLIt'ity Grant Program,Tribal Homeland Security Grant Program, Poll 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 time Davis-14acon Act(40 U.S.C.3141-3144 and 3146-3148)as supplemented by Department of Labor -abor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In accordance with the StOlUte, contractors n'lust be required to pay wages to laborers and inechanics at a rate: not less than tile prevailing wages specified ill as wage determination inade by the Secretary of Labor. In addition, contractors illust be required to pay wages not less than,once a week, If appi icablic,the Cou rity must place a current prevailing, wage determination issued by the Department of Labor in each solicitation, which is attached hereto as Exhibit "C" to this Agreement and made a part hereof. The decision to award a contractor subcontract must be conditioned upon (lie acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes EAnerNenvy Management Preparedness Grant Program, Homeland SICCLITity Grant Program, Nonprofit Security Grant Program, Tribal I lomeland Security Grant Program, l"ort 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, ill contracts for COnStrUCfiOn air re air work ALjgyq._$2 000 in situations where (lie Davis-Bacon ,also a lies, must.also co!!Tly AGREEMENT Page 19 of 53 with the Copeland "Anti-Kickback" Act (40 M.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractons 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, cacti Contractor or subrecipient is prohibited from inducing, by any means, any person employed in the constrUeti011, C0111pletion, or repair Of public work, to give tip any part of the compensation to which lie or she is otherwise entitled, The County must report till suspected or reported violations to the Federal awarding agency. i) Contractor, The Contractor shall comply with 18 UXC. §874,40 U.S.G § 3145,and the requirements of 29 CYR, Part 3 as may be applicable, which are incorporated by relbrcnce into this contract, i i) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above andstich other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract C12LISeS. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract,and tbr debarment as a contractor and subcontractor as provided in 29 CYR. § 5.12. Additionally, in accordance with the regulation, cacti contractor and subcontractor must furnish cacti week a statement with respect to the wages paid cacti of its employees engaged in work covered by the Copeland Anti-Kickbaek Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven (7) days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 50.3 Contract Work Hours and Safety Standards Act. 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 inust comply with 40 U.S.(,, M3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702,of the Act,cacti Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess ol'the standard work week is permissible provided that the worker is cornpensated at a rate of not less than one, and a hall*(inies the basic rate of pay fear all hours worked in excess of forty(40)hours in the work week, The requirements of 40 US.C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or tinder work in conditions which are unsanitary, hazardous, or dangerous. 'I'liese requirements do not apply to the purchases of supplies 01' materials or articles, ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act, (1) Oiwrlhne requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of 4iborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which lie or she is employed on such work to work in excess of forty (40) hours hl SLICII workweek unless such laborer or mochanic, receives compensation at as 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. AGREEMENT Page 20 453 (2) Violation, liabiflo)jbi-unpaid ivages; liquittated Llama ges. In the event of any violation of the clause set forth in paragraph 29 CYR, §5.5(b)(1),the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor sliall be liable to the United States(in the case ofwork dORc under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages, Such liquidated darnages shall be computed with respect to each individual taborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. ill the suni of$27 for cacti calendar day oil which such individual was required or permitted to work in excess of the standard workweek of Forty (401)hours without payment of the overtime wages required by the clause set forth ill paragraph 29 C.F.R., §5.5 (b)(1)of. (3) fVillplit)ldi)ig.,,ft,-))-iippptii(lit,(iges(itidii(li,iid dated deii)t(igc�s, The Federal agency S11,1111 upon it-, OWn action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable oil account of work pet-R.Krned by the contractor or subcontractor tinder any such contract or any other Federal contract with the saine prime contractor, or any other federally-assisted contract subject to the Contraet Work Hours and Safety Standards Act,which is held by the same printe contractor,such starts as tray be determined to be ncce,ssary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2,9 C.I`X. 5.5(b)(2). (4) The contractor or subcontractor shall insert in tiny subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1) through (�) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The pritne contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.,5 (1) through (4),, 50.4 Rice.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 stibrecipient wishes to enter into a contract with a small bUSitICSS firm or nonprofit organization regarding the substitution of parties, assignitient or performance of experimental, developmental, or research work under that "founding agreernent," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Sniall Business Firms Under Government Grants, Contracts and Cooperative Agreement,;,," and any implementing regulations issued by the awarding agency. 50.5 Debarnient and Suspension (Executive Orders 12549 kind 12689 . A contract award under a "covered transaction"' (see 2 C.FK �180220) 111LIA not be made to parties listed on the governinclitwidc,exclusions in the System for Award Management(SAKE), in accordance with the OMB guidelines at 2 CYK Vad 180 that implement Executive Orders 12549 (3 CFR part l 986 Comp., p. 189) and 12689 (3 CFI part 1989 Comp., p. 235), "Debarinclit and Suspension" and the Deportment of Homeland Security's regulations at 2 (!Y.R. Part 3000 (NOJlpr000rernCnt, Debarment and Suspension). SAM Exclusions contains the names of parties debarred,Suspended, or otherwise excluded by agencies, its well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAKI exclusions can be accessed at www,sarq,,gov. Contractor is required to verify that none ofthe contractor's principals(defined at 2 CYR §180.935)or its affiliates(defined at 2 CYR, §180,905)are excluded(defined at 2 CYK §180,940) or disqualified (defined at 2 CYR §180.935). The contractor must comply" with 2 C.F.R. pt. 180, subpart C and 2 CYR pt. 3000, subpart C, and must include as requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is as material representation of fact relied upon by the COL1111y, If it is later determined that the AGREEMENT Page 21 of 53 contractor did not comply with. 2 CF.R. pt. 180, subpart C and 2 C.F,R, pL 3000, subpart C, in addition to remedies available to the County, the l"ederal Government may purstic, available remedies, including but not limited to suspension and/or debarment.Bidders or Proposers agree to comply with the requirenicnts of 2 C.F.R. pt. 180, subpart C and 2 CYK lit.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this oMr, The Bidder or Proposer ffirther agrees to include a provision requiring Such compliance in its lower tier covered transactions. 50,6 B rd Anti-LobbyipS Amendment 3 I.-' ,U. C § 35 all —Y J1 .".5—L -L--D. Contractors,that apl ly or bid for award exceedhig $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated Rinds to pay any person or organization fior influencing 01' attempting to influence an officer or employee of any agency, a member of Congress,officeroreniployee ol'Congress,or an employee of a inernberof Con gress in connection with obtaining any Federal contract, grant, or any other award covered by 31 11S.C. §1352. Each tier must also disc-lose any lobbying with tion-Federal funds that takes place in connection Nvith obtaining any Federal award, Stich disclosures are forwarded from tier to tier tip 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, rrius,-t be signed and submitted by the Contractor to the County. 50.7 CompiJance with Procurement of Recovered Materials as set forth in 2 CY.K. Q 32.3 C',ontractortnust comply with Section 6002 of"the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 't'he requirements of Section 6002 include procuring only items designated in guidelines ol'the Environmental Protection Agency (CPA) at 40 CYK Part 247 that contain the highest percentage of recovered rnaterial� practicable, consistent with maintaining a satisfactory level ol'competi(ion, where the purchase price of the item exceeds $1 ,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 niaxitnizes energy and resource recovery; and establishing an affirmative procurement progralil rot procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximorn use of product,% containing recovered materials that are EPA-designated iteins unless(lie product cannot be acquired — 1. Competitively within a tirnefirarne providing for compliance with the contract perrorniance schedule; 2. Meeting contract perforniance requirements; or 3. At a reasonable price. Infort-nation abOLIt this requirement, along with the list of EPA-designated items, is available at E PA's C0111prellensive Procurement Guidelines website, l'ittps.Hw%vw.ep,ii.gov/snii-n/coii,ipre,liensive-proeLii,,eiiiciit-gLiidelitic-cpg,-progi�aiii. The Con(ractor also agrees to comply with all other applicable requirements cif"Section 6002 of the Solid Waste Disposal Act, Other feeder-al andlor,FEMA Requirements(as applicable): AGREEMENT Pagc 22 of 53 50.8 Americans with Disabilities Act of 1990, as arriemded ADA The Contractor will comply with all the requirements as imposed by tile ADA,the regulations oft re Federal government issued thereunder,and the assurance by the Contractor PUBLIant thereto. 50.9 The Contractor shall Litilize the UX Department ofHomcland Security's E-Verify system to verify the einployment eligibility of all new employees hired by the Contractor during,the term of the Contract and shall expressly reqLdre any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the US. Department of'Horriciand, Security's E-,Veri6, systein to verify tile employment eligibility of all new employees hired by the subcontractor during the Contract terni. 0.10 Access to Records. ContractorlConsultant and their successors,transfierces,assignees„and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (I)II S) and the Federal Emergency Management Agency's WEMA) access to records, accounts, doctiments, information, facilities, and staff. Coll t rac tors/consu Ita rits must: (1) Cooperate with any -compliance review or complaint investigation conducted by DHS,, (2) Give DHS access to and tile right to examine and copy records, accounts, and other documents and sources of information related to tile grant and permit access tea facilities, personnel, and other individuals and information as may be necessary, as required by DIIS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate MIS officials and maintain appropriate backup documentation to stippoil, the reports, 50.11 Department of I lonieland Security (DI-IS) Seal, Logo,.and Flags, 'I'lie Contractor shal I not use tile DUIS, scal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FFMA pre-approval. The Contractor shall include this provision in any subcontracts. 50.12 Compliance with Federal Law, Regulations, and EXCOWNC Order, This is all acknowledgeirwrit, (hat FEMA financial assistance may be used to fund all or a portion of the contract. 'I'lic Contractor will comply will all applicable Federal law,regulations,executive orders, FFMA policies, procedures, kind directives. 50.13 Disadvantaved Business Eater ri se I It is the policy of`the County that 0101's, as defined in 49 C.F . flail 26, as amended, shall have the opportunity to participate in (lie pc6brniance of contracts financed in wh6le or in part with County funds under this Agreernent, 'J"he DBF requirements of applicable federal and state laws and regulations apply to this Agreement.Tile County and, its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. lit 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 kind state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts, The Counity and the Contractor and subcontractors shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of contracts, entered pursuant to this Agreement. A Minority Owned Business Declaration form is attached hereto as Exhibit "E" and made a part hereof, if applicable. 2 CER. §200.321 CONTRACTING WITH SMALL AN[) MINORITY BUSINESSES., WOMEN'S BUSINESS YN''FE,RPRISES, AND LABOR SURPLUS AREA FIRMS, AGREEMENT Page 23 uf 53 a. If the Contractor,with the funds authori7ed 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 atfiriliative steps to assure that minority bi]NilleSSeS, WOlnen'S business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: L Placing qualified small and minority businesses and women's business enterlmises onn, solicitation lists; i L Assuring that small and minority businesses, all(] women's business enterprises are solicited whenever they are, potential sotirces; iii, Dividing total requirements, when econornicall into smaller (asks or quantities to permit maximum participation by--small and minority businesses, and worrien's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage panic patios by small mid minority businesses,and wornell's business enterprises; V. Using services and assistance, as appEW,riate I as the Small Business ,of sticl organizations, Administration and the Minority Business Development Agency fthe Department of Commerce, vi. Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in paragraph(i.) through(v.)of dais section, 50.14 Changes to Contract.The Contractor undcrstands and agrees that any cost resulting firom a change or modification,change order,or constructive change of the Aggreement must be within the scope ol'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, 50.15 Prohibition oil Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 CYR. §_2DO.2 10. Irecipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses, covered telccommunications equipment or services as a substantial or essential component of any system, or as Critical technology as pail of ally system, As described ill Public Law 1 ]5-232, section 889, covered telecommunications equipment is telecommunications equipinnt produced by Tillawei 1'echnologies Company or ZTP Corporation (or any subsidiary or affiliate of such entities). (i)For time purpose cal public safety,securityclfgovernment facilities,piiysicalseciii,itystit•veilllatice of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipilmil produced by llytera Conimunications Corporation, Hangzhou I likvision mgitai rechnoiogy Company, or Daiwa Technology Company (or any subsidiary or affiliate ot'such entities). (ii) Telecommunications or video SUrVCillaACC, SCI'ViCCS provided by such entities or using such eqlliplllcrlt, (i�ii) ,,relecojiiiiii,iiiicatioiis or video Surveillance CqL)ipl)lCtlt or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director ofthe National Intelligence or (lie Director of the Federal Bureau of Investigation, reasoriably believes to be all enflity owned or controlled by,or otherwise connected to,the government of a covered foreign coutitty, AGREEMENT Pap 24 of 53 50.16 Domestic Preference for Procurements as set forth in 2 CY.R. §2QO.1.322. 'File 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 requirernents of this section 111LISt be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" rneans, for iron and steel products, that all inanufacturing processes,from the initial inciting stage through(lie application of coatin,gs,occurred in the United ,States, (2)"Manufactured products"means items and construction inaterials coniposed in whole or in part of tion-ferrous metals such as alunlinurn; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and luniber. 50.1.7 No-Obligation by Federal Government. 'I'lie Federal Goverrinierit 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. 50.18 Prop-rain Fraud and False or Fraudulent Staternents, or Related Acts. 'rhe Contractor acknowledges that 31 U.S.C. Chap, 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 50-19 Eq"ry--Ufficienc. If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L, 94-163; 42 U.S.0 §§6201— 6422) and with all niandatory standards and, policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 50.20 C,oq,, ;struction Debris and M aterials, The Contractor shall load, haLll,and properly dispose of all Construction debris and materials. Disposal tickets shall be stibrnitted to the County Project Manager for submission to FELMA. If not included oil the disposal ticket, the Contractor rnust also provide the name of the Deposit site,the ID Number ol"deposit site,and Permits relating to deposit location. If any type of fill is used, the Contractor inust provide (lie narne, address, and permit inforr"ation for the source(s) Of file fill Material LltitiZCd. 'rhe contractor niust also note, if the rill was obtained From a corninercial source, regularly maintained stockpile,or borrow pit. If borrow pits or, stockpiles were utilized, verification ji-tust be provided that they were not expanded hori7ontally into undisturbed areas. Due to the ground disturbance, tile 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 rilust also be notified if the bole is outside of tile, existing lbolprint, Whether there was any vegetation removal and, if so, how if was placed back. F�iiud payment is C011tillgCnt LIP011 COn1plia1lCC With these PI-OViSiOIM 51. 'I'he Contractor is bound by any terms and conditions of any applicable Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Eincrgency Management (Division). 52. The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. AGREEMENT Page 25 of 53 53. The CONTRACTOR shall hold (lie Division and County harmless against all claims of whatever,nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 54. MUTUAL REVIEW This agreenicnt has been carefully reviewed by Contractor and the County. Therefore, this, Agreement is not to be construed against either party on the basis of authorship. 55. ENTIRE AGIZEEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are rio other agreements and understandings, oral or written, with reference to the subject niatter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 56. FINAL UNDERSTANDING `]'his Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agivement cannot be, modified or replaced except by anothu written and signed agreement. IREMAINDE'R OF PAGE INTENTIONALLY LEFT BLANK] ISIGNATURE PAGE TO FOLLOW] AGREEMENT 'P'age 26 of 53 IN WITNESS WHEREOF,each party has caused this Agreement to be executed by duly authorized representative. BOARD OF COUNTY COMMISSIONERS EVIN MADOK, CLERIC OF MON OE COUNTY, FLORIDA x" p R 11 N ,A D sty Clem By: Mayor/ lalrman Date:— -711717074�� CONTRACTOR: MASTER MECHANICAL SERVICES, INC.. Witnesses for CONTRACTOR: Sl ;nature of person authorized to Signature legally bled Corporation Date. 22.�1 Prin Name Date Print Name Title Address: t 1 AJ QJ 33Q i tire ram" w 30�5 t m S - c� WMAaLlIC P1VVrQ Telephone Number I)rint Name Date w MONROE COUNTY A7TORNEY14 OFFICE: P'AM,CIA WILES � �A8S18TANbfflMjTTOF1N6Y CD DATE; .. T ►; HIBIT "A SCOPE OF WORK EXHIBIT A. Page 28 of 53 EXHIBIT "A" SCOPE OF WORK A. SPEi CIFICA11ONS: I Bi&Conlract prices shall include all scheduled inspections and maintenance needed to complete service, Routine repairs and maintenance of all County maintained central air conditioning units in the Lower Keys area. Should in COLInty require additional services or items provided by Contractor but said services and/or items have not been specifically defined in the Bid/Contract Documents, then a proposal will be requested frout the Contractor and,if the proposal for these services and/or iterns is acceptable to Monroe County, a separate purchase order will he obtained for payment thereof. In all other respects, the contract parameters will be adhered to by the Contractor. 2, Corrective Maintenance - Necessary repairs, for deficient, or inoperable devices, such as those found during the course of systern testing, inspcction, or preventative maintenance, or have failed dUrifig operation, will be provided by the Contractor, Only original replacement components ni atlU fact tired by (lie original equipment nianul'acturer or other compatible components are to be used for such repairs, 3, The, Contractor shall be available twenty-friar (24) 11OUIS per day, three hundred sixty-five (365) days per year. The Contractor shall be at (lie, site of any I IVAC system nialfuniction within four(4)hours of verbal, written,or text notification by the County. The Contractor shall Provide all afIff-110LIVS contact person and phone number, The County, upon award of the contract, shall provide a contact person and phone inniftr for bLliljillg and equipment access. 4, The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County IlVAC systems so that such emergency repair twill be completed within forty-eight (48)hours of notification by (lie Owner. 51 'Refrigerants - Reftigerant evacuation and disposal shall be a part of the Contractor's rate and shall not be billed as an additional item, Contractor shall provide all Refrigerants' weight and compliance reports as per Environmental Protection Agency (EPA) Refrigerant recycling regulations under Section 608 of tile Clean Ai'r Act and any Amendments. 6. Window Units- Window units are not part of the maintenance agreement. EXHIBIT A Page 29 of 53 7. 'rile County shall pay the actual cost of parts,materials,and refrigerants,excluding fivigh( equipment rental, tax amOUntS, SUIVIlargCS, and services supplied by others purchased fro the manufacturer plus Fifteen percent(I 51/o)to fUlfill the obligations of the Comma "file County shall pay the actual cost of c+6pment rentals plus Five percent (5 %) to MR the obtigations of the Contract. Delivery fees, travel, mobilization fees, tax amounts, and surcharges are excluded fimom mark, Up. Freight, delivery and mobilization fees, tax amounts, surcharges, and services supplied by others shall be reimbursed for amounts charged. Parts will be paid at the wholesale cost phis Fifteen percent (15 %) on all parts listed on the Stock Pails Price List provided by Contractor and approved by the County and to become a part of this Agreement as Attachment "A". Manufacture`s invoice must accompany all pails not identified on the approved Stock Pails Price List when submitting N(lUeStS 1br payment, Freight invoices must accompany all orders that require shipping or transpoilation of pails whether the part is Under warranty or not. B. LOCATIONS: The fficilitics with l,-1VAC systems and machinery to be serviced are located throughout the Lower Keys,, Buildings to be serviced shall include, bnt not be limited to, the rollowing- MONROE COUNTY COURTHOUSE Jackson Square Complex, 500 Whitehead Street, Key West MONROE COUNTV COURTHOUSE ANNEX,a/k/a/J`UDGE JEFFERSON B. BROWNE COURTROOM COMPLEX Jackson Square Complex,502 Whitehead Street, Key Wes( (including 1986 Jail Addition) J. LANCELOT LESTER JUSTICE BUILDING Jackson Sclijare Complex, 530 Whitehead Street,Key West (including Clerk's Records Storage Facility) KEY WEST LIBRARY.a/k/a MARY t4l LL RUSSELL LIBRARY 700 Fleming Street, Key West FREEMAN JUSTICE CENTER 302 Fleming Street, Key West GATO BUILDING 1100 Simonton Street, Key West HARVEYGOVERNMENT CENTER 1200TI'Llman Aventie, Key West PUBLIC DEFENDER'S OFIqCV -316 Simonton Street, Key West KEY WEST DMV OFFICE/TAX COLLECTOR FzXH1131T A Page 30 of'53 3304 North Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 Co�llege Road, Key West SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION NO. 8 5655 McDonald Avenue, Stock Island, Key West BERNSTEIN PARK COMMUNITY CENTER 6751 Fif1h Street, Stock Island, Key West SUPERVISOR OF ELECTIONS OFFICE AT OLD BAY SHORE MANOR 5200 College Road, Key West ROC KLAND KEY COMPLEX-FACILITIES MAINTENANCE, CARPENTER SHOP, ROADS & BRIDGES,SIGN SHOP, AND FLEET DEPARTMENT 123 Overseas I lighway, Rockland Key RIC COPPITT FIRE sTATjON NO.9 28 Emerald Drive, Big Coppitt Key SHERIFF'S SUB-STATION 2095O Overseas Highway, udjoe Key CUDJOE KEY FIRE STATION No. It 22352 Overseas flighway, Cudjoe Key 016 PINE KEY FIRE STATION NO, 13 390 Key Deer Blvd, Big Piiie Key BIG PINE KEY LIBRARY 213 Key Deer Blvd., Big Pine Key Shoppirig,Center, Big !able Key BIG PINV KEY COMMUNITY, CENTER 201 Key Deer Blvd, U it C 1-3, B ig Pine Key 8 hoppi ng Center,1.1 ig Pine Key BIG PINE KEYCOMMISSIONER'S OFFICE 243 Key Deer Blvd., Big Pine Key Shopping Center, Big Pine Key BIG PINE PARI(COMMUNITY CEN'I'ER 31009 Athuitis Drive, Big Pine Key r=XHIBIT A Page 31 of 53 C. REQUIRE L4ENTSCIF CONTR;ACTOR (Successful PrOL)oseij 1, Perform,routine HVAC maintenance to ensure the County's Air Conditioning and Heating ysterns are working correctly. IL Perform planned arid unplanned set-vice and repairs. 111, Provide HVAC installation services. IV, Maintain current business and contractor licenses to perform, all HVAC repairs and maintenance for tile term or the Agreement. V, Have demonstrated years,of experience in providing I IVAC service for large facilities, VL Secure all perinits and arrange for HVAC inspection, as required by Monroe County Code. VIL Perform all work in compliance with Monroe County Building Codes and Florida Law. VJIL Only use new parts and materials that are first grade products from as licensed supplier. IX Shall obtain County approval of al I parts arid materials prior to installation. X. Install all pails and materials in compliance with the standards of good workmanship with prior County approval., XL General repair of al'l existing I I VAC equipt-rient, X11, Provision ofnecessary cquipment and supplies to pciform all repairs in a timely arid professional nianner. X111. Detailed tickets to include but not limited to: dates,work performed, arrival and departure times, bUiliding location, unit's scrial number, and a list of parts or refrigerant used arid submitted on the Application for Payment Details Form attached hereto as Exhibit 4%B11 and made a part hereof, D. SUPERVISION AND INSPECTION OF WORK SUffiCiClIt supervisory personnel sliall be provided, and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems which may arise will be taken care of promptly, tile Contractor will maintain a twenty-four (24) hour telephone cimtact seven(7')days per week for the receipt of any complaints and/or addressing any issues. Randonl inspections shall be performed by County Representatives fi-oln tile Facilities Mai titeriance Departnient administering t lie contracts. Deficiencies slialllee corrected within a twenty-four (24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result ill as prorated deduction from the monthly invoice. K HVAC AND COMPONENT REPLACEMTNT In the event as HVAC System or any of its ma'jor components or parts need to be replaced or repaired due to a major component failure,systern breakdown,or upgrade, EXHIBIT A Page 32 of 53 the County shall have the option to request From the Contractor only,a proposal/quote for replacement equiptnerat or parts and all associated installation thereto. Approval of such proposalsAluotes shall follow the curmit Monroc County Purchasing Policy. Only after receiving an amendment, if required by the County's Purchasing Policy, and/or notice to procecd froin the County, shall the Contractor proceW with these additional services as noted herein, EXHIBIT A Page 33 of 53 EXHIBIT IG B" APPLICATION FOR,PAYMENT DETAILS EXHIBIT B Page 4 of 53 APPLICATION FOR PAYMENT DETAILS DATE E. ......BAR RIVALTIN4E: DEPARTURE TIC E. LOCAT[ON&ADDRESS: MAKE:, ............... ............ MODEL.,, PARTS AND MATERIALS COSTS ("S"if on Stock Parts Price Lim) ITEM DESCRIPTION UNITYRICE QIJANITITY SlJD-T(Yl'Al, 2 3 4 REFRIGER ANT COST_LBS m. PER LD=SC D-TOTA L PARTWNIA,rERIALS&R17YRIGEIZANTS SLJ13-'I'(YFAL EQUTIPN4E,NT RFNTAL SUB-T(TFAL ON ABOVE PARTS,MAURIALS&REMGERANTS S INCREASE ON ABOVE EQUIPMENTIdNTAL S.I.- '­_- FREIGHT CHARGF S TAX CHARGES S COSTFOR Slll\�ICES SUPPLU'l)11 Y(-Yll IERS S" SUB TOTAL LABOR COSTS Nlmnlsm&d Ifinsrs lburly Rate SUR-Total S Antount ScjqorNlcchanic Specialist HOURS Ca), S............................... SUB-TOTAI.S Mechanic& lielper IIOLTII.S(e %JB-'I'CvI'AL S -SIMJ(YFAL$_ (Yr Mechanic 1101JRS @ SUB-TOTAL S OTSettior Mcchaitic Sincdolist HOURS(0,S S(313-'I'(')"I'Al.S o'rmcaiaidc&14c1per 14OLTRS @ $ ........ .......... SUTB40TAL,S_...­.._____._­.l.."­ GJ'Scnior Mechanic S.,lielpor HOURS(04 S_ SUB-TOTAL LABOR TOTAL S TOTAL S DESCIUVFJON OF WORK Date AallmimiSignaftwe/Title Contractor inast pravide;j colky ol'h)voicrJRcceiptg for manuLactureils cost of parts/matcdalsand Roffiguanis(if not on Stock Parts Pdcc List),freight for Ira nsportifion/shipping costs,,taxes, equipment Toutal amounts and services supplied Dtv others. EXHIBIT B Pagre 35 cnf'53 DAVIS-RACON WAGE DETERMINATION STATEMENT EXHIBIT C Ila c 36 of 53 WW4 12:20 PM SAWWN "General Decision Numbers FL.202401022 03/15J2024 Superseded General Decision Number: FL20230022 State: Florida Construction Type; Building County: Monroe County In Florida, BUILDIN6 CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 I.-tories), Notes Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14926 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the Federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, Including those set forth at 29 CFR 1Xf the contract is entered Executive Order 14026 linto on or after January 30, d generally applies to the 12022, or the contract is contract, Irenewed or extended (e.g., an J . The cootractor must pay loption is exercised) on or all covered workers at lafter January 30, 2022„ least $17,20 per twur (or. I the applicable wage rate listed on this wage deterviination, if it is higher) for all hours spent performing on the contract in 2024, 11f the contract was awarded otfl. executive Larder 1365e Jor between January 1, 2015 andl generally applies to the 13anuary 29, 2022, and the I contract, 1contract is not renewed or 1, The contractor must pay all lextended on or after January covered workers at leas 110, 2022; $12,90 per, IIQLO° (or- the I applicable wage rate listedl an this wage detemination, I if it is higher) for all I hours spent performing an I that contract in 2024. The applicable Executive Order nlinimuM wage, rate Will be 'adjusted annually. If this contract is covered by one of the Executive Orders, and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request, Additional information on contractor requirements and worker protections under the Executive Orders As available at http://wwtq.dol.gov/wbd/govcontilacts. Modification Number Publication Date 0 01105/2024 EXHBT C Page 37 of 53 M0124,12:28 FM SAM,gov 2 03/15/2024 ELEC0349-003 09/02/240,23 Rates Fringes E[ECTRICIAN... . .. .. .... .... ... . ..fir 39l81 14-62 ---------------------------------------------------------------- ENG10487-023 07/01/2023 Rates Fringes OPERATOR; Crane All Cranes 75 Tons and beloW. . — .— ... . .. .—1 .. .$ 37.07 14.90 All Cranes Over 300 Ton� Electric Tower, duffing Boom Cranes, ..... . .... . . . ... 40 40 -14.90 Cranes 130-300 "Toll.... .. ... 391.38 14.90 Cranes 76 ton to 329 'Ton. . , , 37,57 14-90 ----------------------------------------------- IHONO2'12-004 10/01/20Z3 Rates Fringes IRONWORKER, STRUCIURAL AND RVINFORCING.— l.. . . . .. . . . . - - -$ 27.75 15,27 -------------------I--------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER. Brush Only, 20.21 12.38 ---------------------I-------I--------------------------------- ----- SM10823-001 02/0'1/2074 Rates Fringes SPRINKLER FITTER (fire Sprinklevs)... . ., .. —,...",.�.....$ 32,03 23,01 ------------------------------------- ------------- SWEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (MAC Duct 29,10 14-68 SUM0091-059 05/22/2009 Rates Fringes, CARPENTER—— . , --—.. . .. ... . 15.08 14 5.01 CEMENT MASON/CONCRETE FINISHER, 12,45 44 0.00 FENCE- ERECTOR— ,. ...... ... .. - -$ 9.94 04 oleo LABOR E R, Common or General, 1 8162 44 oleo LABORER. Flpel yer . , dr 30l4S 10 oloo OPERATOR* Oackhoe/Excavator—,,$ 16,98 0.00 OPERATOR. Paver (Aspbalt� https:/Yssn>.govtwage-det&rn,dnatlon/r�L2024002212 EXHMIT C Page 38 of 53 2d 6 24,'12:2a PM SAM,gov Aggregate, and Concrete).„ . , o,w. . 9.59 01ee DPER+ATM Pump. .. .... . .. . .. .. .. .. 11. 0..0 P'snrIN I Ett a Roller and Spray, . .,..,$ 11,22 ** 01,00 PLMMERMd I.. mI .I . rImIwro . , r «..wee$ 12,27 3, 3 ROOFER: Built Up, Coanposition, Hot Tar and Single Ply.... . .. . . ... . ... . . . .... . 14.33 0.400 SHEET METAL WORKER, Excludes HVAC Duct Installation. . .. . , ..... 14 41 3,6,1 TRUCK DRIVER, Includes Dump and 10 "yard Haul Away.., B. ++ 0,15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Workers in this classification may be: entitled to a higher minimum wage under Fxecurtive Order 14026 ($17,20) or 13658 ($12. 0). please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requireurne*nts of fxerrutive Order 14026 are not currently being enforced as to anycontract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party, Note: Executive Order (ED) '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 assured) on or after :January 1, 2017. If this contract as covered by the EU, the contractor must provide employees with "1 hour of paid sack 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 All, injured, or Incas other health-irelated needs, lunclud4 ng preventive care; or, for reasons resulting from, car- to assist a family member (or person who is like family to the employee) who As a victim of, domestic violence, sexual assault, or, stalking. Additional information erne contractor- requirements and worker protections under tire Eo Is available at 9uttpst//nrur;w,elol.gova'age rncaesa✓nlhd�',t„overrroneunt•-tcr'rntracts, Unlisted classificati,oans needed for works riot included within the scope of the classifications, listed may be added after award only as provided in the labor standards contract clauses (29CF11 5,5 (a) (1) (iii)), ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications ,are listed an alphabetical rrFrps!Hsram, auwlvwage.crease*rniNnratlirAiPF9.2024etr22t2 EXHNSIB`C Page 39 of 5 3*6n4,12;28 PM SAM,Uov order of ""identifiers"' that indicate whether the particular- rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other- than ""Su"" or "NIAW"" denotes that the union classification and rate were prevailing for that classification in the survey, Examples PLLMIO198-005 07/01/2014. PLUM Is an abbreviation Identifier of the union which prevailed in the survey for this classification, which An this example would be plumbers. 0190 Indicates the local union number or district council number where applicable, I.e., Plumbers Local 0198. The next number, OOS in the example, is an internal number used In processing the wage determination. 07/01/2014 Is the effective date of the most current negotiated rate, which in this example As July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CHA) governing this Classification and rate. Survey Rate Identifiers Classifications listed tinder the ""SU'­ identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted aver-age rate based on all the rates reported in the survey for that classification. As this weighted average rate, includes all rates reported in the slurveyo It may include both union and non-union rates. Examples SULA2012-007 5/13/2014, SU indicates tire rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. Tire next number, 007 in the example, is an Internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain In effect until a new survey is conducted, Union Average Rate identifiers Classification(s) listed under the UAVG identifier :indicate that no single majority rate prevailed for those classifications,,, however, 100% of the data reported for the classifications was onion data. EXAMPLE:. UAVG-OH-0010 08129/2014, UAVG indicates that tile rate Is a weighted union average rate. OH indicates the state. Tire next number, 0010 in the example, is an internal number used in producing the wage determination. 08/2912014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year,, usually in -lartuary of each year, to reflect a weighted average of the current negotlated/CUA rate, of the union locals from volvitch the rate Is based, ----------------------------------------------------------- EXH�IBIT C Page 40 of$3 306/24,1218 PM SAM.9tty WAGE DETERMINATION APPEALS PROCESS 1,) "as there been an Initial, decision in the matter? This can ber an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling on survey rvIated matters, initial contact, including requests for summaries of surveys, should be, with the Wage and Hour National office because Naticnial Office has responsibility for the Davis-Bacon survey program, If the response front this initial contact Is not satisfactory, than the process described In 2. > and i,) should be followed, With regard to any other matter not yet ripe for the formal process described here,, initial contact should be with the Branch of Const ruc t 1011 Wage Determinations, Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, 11M. Washington, DC 20210 2.) If the answer to the question In I.) is yes, then art Interested party (those affected by the action) can request review anti reconsidvratiors from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 f.FR Part 7). Orite to: Wage and Hour Administrator U.S, Department of Labor 200 Constitution Avenue, 11M. Washington, DC 2e210 The request should be accompanied by a full statement of the interested party's position and by any Information (wage payment data, project description, area practice material, etc,) that the requestor considers relevant to the Issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board), Write to: Administrative Review Board U.S, Vepartment of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review and are final, 04) OF GENERAL DECISION" titilis!/Isam.govAYage-detertii1natloniF"L202400220 EXHIBIT G Page 41 of 53 EXHIBIT 46 '11BYRD-ANTI LOBBYING CERTIFICATION EXHIBIT D Page 42 of 53 BYRD-ANTI LOBBYING CERTIFICA'rioN APPENDIX 44 CAR—PART 18.--CERTIFICATION REf"9ARDINCI L0,11BV1Nf3 (To be subinitted with cash bid or offcr exceeding$100,000) Cerlification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of'his or[let-knowledge and belier,that: I. 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 inflacnec all officer or employee of all agency, a M em bet,ot'Congress,all officer or ernployee ofCongress,or an employee of a Meniber of Congress it) connection Nvith tile awarding of any Federal contract, the makiog of any Federal grant, the making of airy Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 1 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,as Member of Congress,an officer or employee of Congress,or an employee of Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,(lie undersigned Shall complete and SLIbulk Standard Form-111, "Disclosure Form to Report Lobbying,"in accordance With its illSMIC6011S. 3. The undersigned shall require that the language of this certification be included in the fward documents Im all subawards, at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify kind 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 3 1, U.S. Code. Any person who fbils to file the required certification shall be subj w to a eivil penalty of not less than $10,000 arid not more Than,$100,000 Im each such failure, i S:L The Contractor, 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 ptuyi�jorts of 31 US.C. Chap, 38, Administrative Remedies for False Claims I N andStateni .,,Is, apr�ytotlii)certificalioiikitiddisclostire, ifiiiiy. Signature of Contra6for's AAW,jori�,ed Official "ITI"I cwl C caaatlae~toI-,"s, Authorized Official Date EXHIBIT D Page 43 of 53 DISCLOSURE OF LOIJUVING ACITVTTMS COMPUTE THIS FORM TO DISCLOSE LOORYDrG A,CMTMSAMWANT TO 31 VS,C.1152 1, Type of Federal Action: 2. Status of Federal Action: 3. Report T)-pea &Contact &'bWofferIffucation =3.ininal b. pw Ix initial AWMd b. mar erWi chars C. cooperativeagwMall c poit-awad & loses For Material Change Only. e. loan Pjarattee yeas_ quarter, f loan iosurance date of last report 4. Same and Address of Reporting Entity S. It`RoportmgEotity ire Ne.4itSubavraidee, Enter N=*,%nd Address of Prim: ElPrime E]Subawardee Tier if Loom CongressioulDistrkt,it known Congressional Diswt,if boum 6, rebtal l)ep3r1w*aVAgtncy T. FedoralPrograpt tome0e"ption: CFDA ontber,if applicable 0, Aw 4Amovatifknown� W a. Name W Address of Lob by Entity /""i* IndisidusIsPetiortniogServicts (including (If"Odua),last mane,first nante. address if diffavat from No,I Oa) (last name,fin(MaMe,NW (aft atinuatin Sbeet(s)if necevwv) 11. Amount of Payment((bwk all tb#,t alifity) 13. Typ of F"eat(clwk all(W apply) amaj PlAaned a, retainer I b one-dw fee 17. Form of Payment(chock ad that apply): r-, colmnissiou a C11 / d coadagent fee, b,. in-Lind, 'spy , nature e deferred value H f other,specify 14a Brief Descrtpfio Servites Performed or to bt perfartatil And Dalt(A)A Strvirt,iorl"og ' yt#(s),or votubtr(s)contacted,for Payment Inditat#4 in Dete 11: officer(s),troryolf, /// (attach Comixivaboa Sbeel(s)if netessary) 15. Cou" nation Shett(s)attached: Yes El lib El 16, Tal v. ptocodbr th4 dor thmvwhoo hit"nixtien made or 09orodi x*D, 71it disclown i%MIgiNd Print Natite: pirtuaw t*31 UA Ca 1351 TU,infiatuldon win to rVaW to CoaVvis%Qmi==11y vid wfl to availab,14 for pubbc btspwdan. Azrf paw*ubo,Ws to fik tba rwpix-A &XIOSWO"to va act to a C60 p4why of not 1441&A* S10.0*4"d M4=00 thm sjoo'cco fay web lurk Whav, Teleptione,No, Date: Authorized for Local Reprodoctim Federal Use OWN.: Standud Form-LLL 2-6c PART MOUNTY EXHIBIT D Page 44 of 53 INSTRUCTIONS FOR COMPLETION OF S!F-LLL, DISCLOSURE OF LOBBYING ACTIVITIES 'Mis disclose m form sbaft lie completed bylbe relportingentily,wheshersuba ward eeor lirime 1'ederal recipient,al the initiation or recciptorccivered Fcderw action ora matcriHl change to provious filing pursuant to title 31 U.S.C.section 1352. The.tiling of forrin,is required for such payintrit or agrecirsent to snake pawynicol to lobbying entity for to influencears officer or employee of any agency,a Member of Congress oil officer or employee of Congress or an eniployce of a Member rat" Congress its connection wish a covered Federal act ion, Altach a continuation sheet for additional information if tho,,paco On the Biros is inadequate. Complete all items that Apply for both ilia initial Ming sold material ebange report. Refer to the implementing guidancepubli,slied by tin Offliecof Manngemmand Budget lbraddifional inforinaflow I, Wcniil"y the type ofcovered I-Weral Winn 1br wiliell lobbying activity is isms or has been secured to influence, the outcome ofa covercd Federal auction. 12 ldenl ify the stalus ofthe covered Federld action, 3. li'this iso lbilow-up report caused by material change to the Enter tile date of the last, previously submitted report by this reporting entity for this covered Federal acflou� C Enter[lie finis name,address,city,state,and zip code of tile reporting entity. (TicludeCoFigr"sioiiai1r)is(rictil' known. Check the appropriate classification orthe reporsisig entity that designates if it is or expects to be a prime orsubaward recipient. Identify(tie tier ofthe subawardee,e.g.,the first subawardee oftheprinste is tile first licr. Stsba,,vardsiticludc but tire not limited to subcontracts,suligmilsasid contract awaidstiodergrants. S. IrtheorgailizAim)filing the report is liens 4 checks"Subawardee"then enter tile full name,address,city,state, and zip code ofthe prince Federal re6pient. I tie I side Co n gressirsiml District,i R nown. & Filter Ilse nante ofthe Federal agency making the award or loan commitment. Include mull Ileast one,organization level ['or evample, United States Coast Guard, T FolCrlhe FCOCTAI IMIgnull name or description ror the!covered Federal action(itern 1). If knoNvii,entcr tile roll Calalogof FcderidDonicsticAssisfiince(CFT)A)iitisiiber(r)r grants,coo)MAitive4igTeeisieftt%,Icaaiis,nttdbaits comminntrits. Eisler the most appmpriate FecIvral idvn61yjHg IMITAWT avidlabIc for the Federal action identification ill item I(e'g" lleqocst for Proposal(RIT)number,Invitation for Bid QFR)number,grant arrnaaaurreeattent number,the contract gram.or loan award mi i riber,the appl i cat iom/propos at call(to I number assigned by the rcdera I ages i oy). 111011cle prefixes,e.g,, 9. For a covered Federal action where there has been an aivard or loan commitment by the federal agency,enter the Federal airsount of(lie:award/loan cortimitments for the:prime entity identified in itens 41 or 5, 10, (a)Elmer Ilse full nante,addyess,city,state,and zip code of the lobbying entity crigaged by the reporting crifity identified in item 4 to influoice the covered Federal action, (b)Enter the fill]nam"orthe nidividtial(s)performing wt vices and include full address Wdifferent 1roo's 10(n). Enter Last Name,First Nanicaod Middle Initial(MI), I I Enter Ilse amount of compensation paid or reasonably expected to be paid by flic reporting vinity(ileu'i 4)to the lobbying entity(item I 0). hidicate whether the payment has been inadc(,actual)or will,be isladc(plamied). Check all boxes,that apply. If this is a inaterilat change report,enter the cumulative attiount cif paymcni rawk,or phtmied to be madt, 12 Clicck the appropriate boN. Check all boxes ibalapply, specirythe ii,.ittire.i,ndvalucoftliciii-kiiicip,atymeiit. 13. Check the appropriate box. Check all bo'scs that ipply, If other,specify liansre. 14, Provide a speci Fw and detailed description offlie services that the lobbyist tins performed or will be expected to perlbrin. Inctudo salt prcparatoTy and relaied siefivity notjuqI thne spent in actual contact wid)Federal officials, Tdcutify the Fc(jcrml cwMccr(s)or employce(s)contacted or Ilse f c qs) o f Coagre ss I hat were contacted. 15 Cbeck whether or mu as cominual ion sheet(s)is,attached. W The certifying official shall sign and date,the form,print his/her rianic Into and Wephoric riumber, Public reporting burden for this collection of information is estimated to average 30,mitufts,per resImse, hscloding litne Im review hig instroctiQn,searching,existing data sources,gathering,and maintaining the data necded,nod completing And teyiewing the collr taonofitnNiarnataaliarra S en(1,cot rinients regard ing the Is m rdeli estin i ate or a sty o ther a spect of th is coi I ect io it a f informal ion, including suggestion s for red Lie ing this burdej i,to Ilse 0111 ce o r Van kgm new oared 13 ttoget'Pallet work Re ducl ion llrojecl (0348-0046r),Washington, 2050.3. Sr-ML-histructioas Rev,Uri-01-90ANDJP i2- 6d PARTMOUNTY EXHIBIT D Page 45 of 53 �4F 15 EXHIBIT -, MINORITY OWNED BUSINESS DECLARATION EXHIBIT E Page 46 of 53 f . ... Nfillority Owwxtced dttcsitcess Declarntintc tam -cam A sub-cuattta m�tutor engaged by Monroe County during the completion of wweark associated with the below indicated project (Check cause) is a ra^aimatarity btuaaimut.�ss ctatca�crise,as elcwf�arcd laa Sectiwrn 71f11.7t�w�,l�ltrt°ieda Statanes or ._.._._.._... ....._. is not aaa minority batsiness enterprise,as defined in Section 288,703,Florida Statutes. l.S. 88.7 3(3) "Minority business enterprise"means any small business concern as defined it)subsection(6)(see below),which is organized to engage in commercial transactions,which is domiciled in Florida,and wwhielc is at least 5 1-percent-owned by minority persons who are nlernbcrs ofHit insular group that is ofa Particular racial,ctdaatic, or gender makeup or national origin,which has been subjected historically to disparate treatment educe to identification in and with that group resulting in at)underreprescntuation of'commercial enterprises corder the grc up's control,and whose management and daily operations are controlled by such persons.A minority business enterpt ise may primarily involve the practice of profession, Ownership by a.minority person does not include ownership which is the result of"a"a transCer from a a oruninority person to a minority person within a related initnediate family group if the combined total net asset value of'all auetrtbers of such fancily group exceeds$t trrillion,For purposes of this subsection,tlae terms "related itnrnediate fancily group"means one or unaare children under 16 years of age and a parent of stash children or the spouse cal"such parent residing in the same Ivouse or living unit. F.S 289.703(6)"Srcaall business"means an independently owned and operated btu;;iness concern that employs 200 or Cewwer Permanent full-time employees and that,together wvitlw its affiliates,has a net worth of not more than$5 million or any f'inn based in this state which has a Small Business A dininistration (aa)certification. has applicable to seals pr prietorship%, the$5 million net worth requirement shall itachade both personal and business investments. C gtjlr,ae(glt n ay;rgfer to dw.S"_7 9.703 for more inlLotntartio i Contractor m y Late» r. Siff a oatnre Print rite' 't Title: ,address � � � 1" t City/state/zip For Monroe County 'Verification: Title/O 4ll Departnrent:_._ Verified via: dotty „//.gg!,ddr� ..rrwy(kcrrarf«a w�a,�dtru�w�aria �HIBIT E Page 47 of53 ATTACHMENT "A" STOCK FARTS PRIME LIST ATTACHMENT A Page 48 of 53 Stock Parts Price list-Lower Keys HVAC-Muster Mechanical-Sid Award Agreement 7w i�a er tM T M? M M.,m volt ", Rt City TA41,:; ARM7034 . -FLEX 7/8'X314M'S SUS-"rU5 6°(?4 PER 00 $0.40 t 9 40 )OC34 PVC SO*E1.13OW 3f4`SXS 406-007 $2,00 1 $100 f02T34 P'VCTE:E 314'SXSXS 401.007 $2,00 1. $ZOO T40314XWE 3/4 X60"ELECaRIC $4.50 �T $4.50 w;V02623008 BLUE WIN LCT WIAL C"CFI NE'C ORSIZER9,414.06AW6, p0V $21.50 1 $27.50 MAX(SOPAC K) CO7430102 Rw(U"CA.1GON O-ACID SCAVENGER 2.OZr ACIDNEWRAE12E (6 $43.40 1 WAD PERBOX( H15ULVALOYS _ 5%STAYS'ILV05[d�C11I131C2D14(28 SUCKS PER LB) $�S.El�7 1 P3020201 20X20X1 DISPOSABLE FILTER $7,20 1 $720 PROT70L PROOI T701 THERMOSTAT HVIC NON PROGaRAMABLE(10 PER $63,00 1 Saw BOX 40PER MASTER CASE) PROT71S PROW T715 TRICRMOSTAT 21p12C NOR PROGRAMAOtE(10PER $72.00 1 $72tO BOX 4DPER MASTER CASE) RECRS51 4CXSTART 105.$TONS,2 WIRE POTEKfAI RELAY&START' $64.00 1, $64.00 CAPACITOR WDZHDR221 SEQUENCER,3 M+AAINSFAGED CIRCUS,VPST-NO SPSI-NO,DELAY $53.00 1 $53�00 N 1-25 SE.C,DEEAYOFf 50.110$EC, 714PStIP5503 0 0-5S0PSVC-350HI6HPAE SSiWM7CHRA,TOA $1&00 1 $18.00 T1�4'I"StP�C 0­i6DPSVC 1J.OW PR SWITCH R410A $18,00 1 $18.0 L14M NITROGEN EXCI(58 CF $35,70 ( $35.70 C01429108 NEW BRIM C0N0I.RSfR COIL CLEANER,BLUE,(1 GAL,4PIR $46.70 1 $46,20 P3020251 2OX24X1 DISPC7SAI3LE E ILTER $6 25 1 $6,25 MM6201 16X20,X1 DISPOSABLE nLTCR $6,10 E $6,10 P3010101 10x]0XI DISPOSABLE fKTFR $5.50 1 $5,50 SAf'E-T-SWITCH$S2P 14,ENUMwABATED CONDENSATE DRAIN RF:CSS2P OVEIVLOW SWITCH $33,20 1 $33:2'0 ADDITIONAL COUNTY FORMS Fags 50 of 5 COUNTY FORMS AFFIDANIT PROJUXT: Lower Keys HVAC Maintenance and Service, Multiple Locations kisn , C Lk C AC'ON'1'1� I'Of VCONSLII,'I'AN"l', U( I 6JA I.'Is At By signing this Affidavit, CON'f'RAC'I'O]Z/CONSI.-1't,"rANr has sworn or afflirmed to the 1,61lowing requirements as set forth in the Public Entity Crime Statement, l"i'thics Clause, Drug- Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List,and Non- Collusion Affidavit as set forth below. Public Entity Crime Statement The CONTRACTOR/C(NS ULTANT certifics and agrees that CONTRACTOR/CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the last rnonth& In accordance Nvith Section 87,134, Florida Statutes,an entity,or affiliate Nvho has been placed on the Discriminatory Vendor List, kept by (fie Florida Department of Management Services, rnay not submit a bid, proposal, or reply on as contract to provide goods or services to a public entity; may not submit a bid, proposal, or rcply on a contract Nvith as public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as as contractor, supplier, subcontractor or C011SUItant under as contract with any public entity; and may riot transact business With any public entity. A person or affiliate who has been placed on the convicted, vendor list folioNving a conviction lbr a public entity crime may riot subunit it bid, proposal, or reply oil contracts to provide any goods or services to as public entity, may not submit a bid, proposal, or reply oil as contract witha public entity for the construction or repair ol'a public building or public work, inay not submit bids, proposals, or replies on ]cases of real property to a public entity, rnay not be awarded or perform work as as contractor,supplier,subcontractor, or consultant under a contract with any public cnfity, and may riot transact business with any public entity in excess oaf'the threshold aniount provided in Section 287,017 ofthe Florida Statutes, for CA I GORYPAIO for as period of'36 months f1rorn the date of being placed on the convicted vendor list. By execrating this Affidavit,CONTRACTOR/CONSULTANT represents that the exectition of this Affidavit will riot violate the Public Entity Crimes Act (Section 287.,133, Florida Statutes). Violation of this section shall result in termination of"the Agreement and recover y of all monies, paid licretoand may result in debarment froni COUNTY's competitive JVOCUreniellt activities. In addition to the foregoing, CON'I'RA(,"l'Olt/(,',ONSUt,']"'AN'I' Further represents that there has been no determination, based on ail audit,that it or any subcontractor has committed an act defined by Section 287,133, Florida Statutes, as a"'public entity crime" and that it has riot been formally charged with committing ail atct defined as a "public entity crime" regardless of the amount of" money involved or whether CONTRACTOR/CONSULTANT has b"n placed on the convicted vendor list. Page 26 oft CONTRACTORICONSULTANT will promptly notify the COUNTY if it or ally subcontractor is formally charged with an act defined as a"public entity crime"or has been placed on the convicted vendor list, Ethics Clause By signing this, Affidavit, the CONTRACTOR/CONSULTANT warrants that he/shc/it has not employed, retained or otherwise had act on his/lier/its behalf any former County officer or employee in violation of Section 2 of Ordinance No,0101-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach air violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the full arnount of ally fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Drug-Free Workl2lace CONTRA CTOR/CONSULTANT in accordance with Florida Statute, Sec. 287.087, hereby certifies that CONTRACT OR/CONS�ULTANT shall: I. Publish a statement notifying employees that tile unlawfid inanufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of stich prohibition. 2a Inform employees,about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. I Give each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as as condition of' working on the commodities or contractual services that are under bid, the employee will abide by the terins of the statement and will notify the employer of'any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of tile Unit States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction oil,or require the satisIlactory participation in a drug abuse assistance or rehabilitation pro rain if such is available in the employee's cornmunity.,or any employee who is so convicted,. 6. Make a good faith effort, to continue to inaintain a dritig-free workplace through implementation of this section, The person authorized to sign this Aftidavit certifies that CONTRACTOR/CONSUL-TANT complies hilly with the above requirenictitq. Vendor Certification Regarding Scrutinized Companies Lists CONTR ACTOWCON SULTAN T agrees slid certifies compliance with the following-. Section 287.135, Florida Statutes prohibits a company from bidding on,submitting a proposal for, or entering into or renewing as contract for goods or services of any amount if'. at the time of Pap 27 of 85 contracting or renewal, the company is on the Serutini7ed Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes,also prohibits as company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,,000,000 or more,that are on either the Scrutinized Conipanies, with Activities in, Sudan List or the, Scrutinized Companies with Activities in the Iran Petroleum bieery Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is,engaged in business operations in Cuba or Syria, As the person authorized to sign on behalf of CONTRACTOR/CONSULTANT, I hereby certify that the company identified above as "(,'ON'I'I"C'I'OIVCONSUL'I'ANI"' is not listed on the .Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects off"$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sticlan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in, business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may sub'icct company to civil penalties, attorney's fees, an r and/or costs. I further. understand that any contract with the County inay be terminated, at the option of the County, if the company is found to have submitted a false certiFication or has been Placed on the Scrutinized Companies that Boycott Israel Ust or engaged in a boycott of Israel or placed on the Scrutinized Companies withActivitics in Sudan List or the Scrutinized Companies with Activities in (tie fran, Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site; htit)://Nvww,diiis.mvflorida.com/business crations// tq�tq rcha in ygn ormation/convi _qp Iqr inf cted, suspended discriminatory complaints vendor lists Non-Collysion Affidavit CONTRACTOWCONSULTANT by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONTRACTOWCONSUL TAN T,the bidder making the Proposal for the project described in the Scope of Work, and (hat I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agrcement fbi-the purpose of restricting competition, as to any matter relating to such prices with any other, bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this,affidavit in awarding contracts for said project. SIGNATURES ON NEXT PAGE Page 28 of 85 UNDER PENALTIES OF PERJURV, I DECLARE THAT I HAVE READ TIIF, FOREGOING AFFIDAVITOF COMPLIANCE AND THATTHE FACTS STATED IN IT ARE,rRUE. ck............ (Signature of Authorii7ed�kepresentativc (Date) of('."otitractot-/Cotistiltitit) Print Name: COUNTY' OF 'T w ';e g ctr affirmeqd and, subscribed before me by mcans OfX�y (lay of ton this 2W 6y,, STEPHANIE PMER0 Comminion#HH 018505 Expires February 5,2025 ..........$1 5�a`itrre of'Notary Public-State of Florida Name of'Notary My commission expires: .......... OR Produced Identifica(ion.--, Type of Identification produced Page 29 of 85 Certification Regarding Debarment,Suspension, Ineligibility And Voluntar-y Exclusion Contractor C ovemd Ti-aansaactions cc�trtas,1) The prospective contractor of theIcciplerat, �.._�� ._ �._,. l:ay submission of this claaCUrnent, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded ded from participation in this transaction by any Federal department or agency, Where the Recipient's contractor is unable to certify to the above statement„the prospective contractor shall attach an explanation to this borm. rc Re cipient's aacnt s llaaaaa anie and Title Division Contract Number Street Address FENA Project Number µ S City, State, Zi a Date INSURANCri, REQUIREMENTS AND FORMS M0NR011,' C01JNTV,FLORIDA RISK MANAGLi MEJ N'r POLICY ANI) P1Z0CFbURrN General Insurance Requirements for Contractors and Subcontractors As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the piv-staging of personnel and inaterial),the Con tractor shall obtain,at his/her/its own expense, insurance as specified in the attached schedules, which are made part of this, contract, The Contractor will ensure that the insurance obtained will extend protection to all Sub- Contractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules, Tile Contractor will not be permitted to commence work governed by this contract(including pre- staging, of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the coin mence ment of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shalt not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for tile Contractor's failure,to provide satisfactory evidence, The Contractor shiall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure:to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced,Delays in the completion of work resulting from the failtire of the Contractor to,maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance, The Contractor will be held responsible for all deductibles and sell-insured retentions that may be contained in the Contractors Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance, or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to mquest a certified copy of any or all insurance policies required by this rontract, All insurance policies must specify that they are not subject to cancellation, non-renewal,material change,or reduction in coverage onleSS 8 Minin'10111 of'thirty (30)days prior notification is given to the County by the insurer, Page 31 of 85 "rhe acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assurned under this contract or imposed by law. The Monroe Cotinty Board of County Commissioners, its employees and officials, I I O�O Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation, Any deviations from these General Insurance Requirenients must be requested in writing on the Connty prepared form entitled "Request for Waiver of Insurance Requirements" 'and approved by Monroe County Risk Management. Page 32 of 85 GENERAL LIABILITY INSURANCE REQUIRE MENTS FOR CONTRACT: LOWER KEYS HVAC MAINTENANCE AND SERVICE - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY, FLOR-10A AND Prior, to the commencement of work governed by this contract, the Con(ractor Nvill obtain General liability Insui-ance. Coverage will be maintained thl-OUghOUt (lie life of the contract and include, as is aiinimurn: Premises Operations PtO&CtS and Cu::mpIcted Opemtions Blanket ("onti,actual fAability Personal hijury Uability The ininimum limits acceptable is: $1,000,000 Conibined Single Limit An Occurrence Form policy is pref6ri-ed. If'coverage is provided on a Claims Made policy, its provisions should include covet-age for claims filed on or after (lie effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe ("Oulity Board of County Commissioners shall be named as Additional 11"ISUred, on all policies issued to satisfy the above requirements. Pirgc 33 of 85 BUSINESS AUTOMOBILE LIABILITY INSURANCE RE QUIRE 'TEN T FOR LOWER KEYS HYAC MAIN'll"ENANCE AND SERVICE- MULTIPLE LOCATIONS BETWEEN MONROR COUNTY, FLORIDA AND &.ev Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, Prior to (lie Corn men Ceti)ent of work, shall obtain Business Automobile Hability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a MiniMUM, liability covcragc fior: a Owned, Non-Owned, and I tired Vehicles The minim urn limits acceptable,shall be: $300,000,Combined Single Limit (CSI,,) ll'split linlits are provided, the minimum limits,acceptable shall be: $200,000 per Person $3001,000 per Occurrence $200,000 Property Damage The Monroe COLInty Board 01'COLInty Commissioners shall be narned as Additional Insurcd on all policies issued to satisfy the above rcquirctnents. Page 314 of 85 WORKERS' COMPENSX]PION INS11JRANCE REQUIREMENTS FOR LOWER KEYS II VAC MAINTENANCE AND SERVICE—XULnPLE LOCATIONS BETWEEN MC NROE COUNTY, FLOI?JDA AND 11rior to the coin mencement ol' work governed by this cowract, tile Contractor will obtain Workers' Cr nipensation InsLit'alICC with limits sufflicient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440�, l7lorida Statutes, In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily IIIJUry by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout tile entire,term ol'the contract, Coverage will be provided by as company or companies authorized to transact business in the state of I'lorida. If tile Contractor has beeti approved by the Florida's Depatinient of Labor, as an authorized self-insurer, (lie County may recognize and honor (lie Contractors status, The Contractor may be reqUired to submit a Letter of ALI(110riza(ion issued by the Department of Labor and a Certificate of Insurance, providing details on (lie Contractor's Excess 111SLIMOCC Program. If tile Contractor participates in as self-i nsu rance fund, a Certificate of hisunance Nvill be I-CqUired., In addition,the Contractor may be required to submit updated financial statements from the fmid upon request froill tile, County. Page 35 of'85, Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each ernployee General Liability, including $1 X0,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned,and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occunvnce $200,000 Property Damage Builder's Risk Not Required Performance Bond Not Required MONROE COUNTY, 1100 SIMONTON STREET, KEY WEST' FL 33040, SHALL BE NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL POLICIES.E XCE PT WORKERS COMIE NSA TION. INDEMNIFICATION, IJOLD HARMLESS, AND DEFE.NSE. Notwithstanding any minimurn insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify, and hold the County and the County',,; elected and appointed officcrs and employees harmless from and against(i)any claims,actions,or causes al'action,(ii)any litigation, administrative procecdings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss,damage, fine, penalty or business interruption,and (ifl)any costs or expenses (including attorney's fees) that may be asserted against, initiated with respect to, or ,sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees,or(C.)Contractor's defaUlt in respect of any ofthe obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses,arise from the intentional or some negligent acts or omissions of the Courity or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of tile contract and not less than $1 million per occurrence pursuant to Section 725,06, Florida Statutes, Insofar as (lie claims, actions,causes of action, litigation, proceedings, costs,or expenses relate to events Page 36 of 85 or cirCUIllstances that occur dirring the term of this Agreement, this section will survive tile expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that tile Completion of the project (to itICILide the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County fi-om,any and all increased expenses resulting from such delay, Should any clairris be asserted against the County by virtue of any deficiency or ambiguity ill tile plans all(] specifications provided by the Contractor, tile Contractor agrees and warrants that the Contractor shall hold (lie County harmless and shall indemnify it from till losses occurring thereby and shall further defend any claim or action oil tile County's behalf The extent of'Hability is in no way limited to, reduced, or lessened by the insurance requircillents contained elsewhere within this, Agreement, FDEM Indemnification To (lie Fullest extent permitted by law, tile Contractor shall indemnify and hold harmless (lie Agency, tile State of Florida, Department of Emergency Management, and its of and employees, ftorn liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indernnification shall survive the termination of this Contract, Nothing contained in this paragraph is inlended to nor shall it conStitUtC, as waiver of the State ol'Florida and the (County) Agency's sovereign immunity. PROPOSER'S STATU"MENT I understand, the insurance that Nvill be mandatory if awarded the contract and will comply in rull with all of the requirements herein. I fully accept the indenin1fication and hold harmless and duty to defend as set out in this proposal. AtL-Lku k4v�cu-i�;�V�LQ S PROPOSER Ignatu Page 37 ol'85 INSURANCE AGENT'S STATEMENT I have reviewed the bove requirenrents with the proposer immed above. The following deductibles apply to the corresponding policy, POLICY DEIDUCTIBLES General Liability Each occurrence&Emoriyee-S1,000 EPU, $2,560 Commercial Auto Liabilitypoficiesare-,..X Occurrence 'Clainis Madc RSC Insurance Brokerage, Inc. N Insuranec Agency g i'l a'tt't*a Pagv 38 of 85 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 now m �I tvXAof the city of � . � .. ..... accorafirag to law on rrry oatlr,Arad r.rrader p?errally of a perjury,depose aura sarrr 1parf, ..... .. of, the firmof ._.... _,_... n.f .�104, .n........, a _ f.utit " the bidder making the Proposal for tine project described in the Request for Proposals for and that 1 executed the said proposal with full authority to do so; b, The Entity is not owvned by the government of a fiarreigu country of concern as deterred in Section 287.138,Florida Statutes.(Source: §297.13 (2)(a),11orida Statutes); c, The government ofa fimAgar earuntry ofconcern does not have a controlling interest in Entity,(Source: 28T 138(2 1a),Florida Statutes); d, EInfity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692,201, Florida Statutes.(Source:§2 .007(2), Florida Statutes)„ e, Entity is not a partnership, association, corporation, organization, or other combination of persons organized under(lie laws of or having its principal place of business in a foreign country ofconcern, as defined in Section 692,201, Florida Statutes, or ar subsidiary of such entity. (Source. § 2lf O07(2), Florida Statutes); r. Entity, is not a. foreign principal, as defined in Section 692.201, Florida Statutes. (Source: ti 2,2ti2( )(a)(1),Florida Statutes); & I ntity is in compliance with all applicable requirements of Sections 692,202, 691203, and 692.204, Florida Statutes, lr, (t:)raly applicable if Purchasing real property) Entity is not a foreign principal prohibited firma parehasing tire subject rural property, Emily is either (a) not a paersoar or entity described it) .`Section 092,204(t)(a), Florida Statutes, or (b) authorized under Section 692,204(2), Florida Statutes, to purchase the subject property, Entity is in compliance with the requirements of Section 692,204, Florida Statutes.(fSourm §§fr 2.2t1'3( )(a), 92.204(6)(a),FloridanStatutes) i, The statements contained in this affidavit are true and corral, and made with fall knowvWge tlrarl. Monroe County relies upon the truth of"the staternmit4zoukiined in this affidavit hi awarding contracts for said project. � (;Signature) STATE OF: �A �w ..... Sr f> a� tla� ca�swvrrrr to(or 1llcalls of t l�y^srcl pw ownce or EJ online rrrrt«aar7atrarrr,rare date)by lr (rr��araao rsararrrMl krrar„��r to m car has produced (ty�a "identification)as identification, .. caf Caffr�ur6)_ff � .�.�.. � '.. . . ._� �........ . . ........_ m.�. w fN C'>GARY 11f31 l � STEPa. r arr s rr 0 pt tl 078,5'r HAW y Commission Exp>ires. ....... ��« "� �, ... COMMON CARRIER RE,SPONSIBILITIES AITI DAVIT F.S. 908.111 of the City of ............ ................... --.. , M),(A- ................... according to law on my oath, and under penalty of perjury,depose and say that: IfContractor is at common carrier, as defined by Section 908.111, Florida StatUtes, then Contractor hereby certifies that it is not willfidly providing and will not willfully provide any service during the Contract term in furtherance of transporting as person into this state knowing that (lie person is an Unauthoriz&d Alien, except to facilitate the detention, removal, or departUre ofthe person f'rom this state or the United Statm ..................... (Signature) A ........... Printed Nacne Date,. STA T E, 0 F.- COUNTY OFJY'��A SUbseribed and swort to()r affirmed) before rne, by means of 9 pre e oil D Online notarizati( t (clate) by"—= (name aaf calla arat). H Nt as ,tarn, a' y,f T1j(, ),NvAA me or has produced (type of identification) as identification, A --------Y PUBLIC ----------------------------------------------, OW r k STPHANE PINERO My Commission Expires: twatWrO �Exp*es�Febjivary 5,2025 Bmld Mu Bo$)d NOWY sooico ADDITIONAL COUNTY FORMS Page 52 of 53 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR, LABOR OR SERr�CES E ritity/Veridor Natne: . ( C"± - -1:1, EIN: ios- Vend or F :q Vendor's Authorized Represen, a ive:t t. ......... 3,- (Nanie and Title) Address: City: S. t)��t State: Zip: Phone Number: Email As a nongoverntrictital entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of per attesting that Vendor does not averse coercion for labor or services in accordance with Section 787,06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: I. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against. tier or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasortably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respeetively limited and defined; 4, Destroying, concealing, removing, confiscating, wittiholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person, 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substaricc as outlined in. Schedule 1, or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify 'under penalties of perjury I'hat Vend0T- does trot rise coercion for labor or services in. accordance with Section 787,06. Additionally, Vendor has reviewed Section 787,06, Florida Statutes, and agrees to le by same. Certified By: ........................................... who is authorized to sign on bet of f tl 'the ve r eve ferenc coinpany. Authorized Sigp-atu PT Title: ADDITIONAL COUNTY FORMS Page 53 of 53 Customer References Monroe County District School Board 241 Trumbo Road Key West, Ft 33040 A : Jeff Barrow 305/853-19,30 City of Miami Beach Property Management 1833 Say Rd Miami Beach, FL 33139 ATTN: Olga Sanchez 305/673-7OOOx22567 City of Coconut Creek 490 W Co pans Rd Coconut Creek, FL 33063 ANON: Sal Magliarisi 954/545-6618 Credit References MFH Sheet Metal Fabricators 2400 NW 150 St Opa Locka, FL 33054 ATTN* Farah Borras Hernandez ,305/685-1874 Precision Ventilation & Associates 6157 NW 167 St Unit F-9 Miami; Lakes, FL 33015 ATTN: Omar Valdes 305/362-4320 AM Distributors 2555 NW 75 Ave Miami, FL 33122 305/456-2644 IZ 0 53 M...�I 9 tl y• p ,➢ d x P wJ,Y "} My, Zn NAW owm Cq a �0 f b � �i @@ , ��� �� V w r4bn,yGp �� rm WW'�yy rrrvm [ N �� .9UJ LL '14ca y 4-4 0 r r� � N �"a �� ' as Nr '� a• I od �iY M1 4 N Y ry� �f �"h a�� gg yyyyNgyN �f y ,iy. MJ y+ Mom' =pv ✓a ��� � fl B U p �,tla p^w �M"^ 44 y M«.w+� ryY 9I,Q UM 5u In I 1 � a Y,✓ I7 � ark ryrr,c N ^h'" co v LL tA 3: � w uj s k 4 � I P m'. w rww 2023 / 2024 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 301, 2024 RECEIPT4 30140-93813 Business Name,: MASTER MECHANICAL SERVICES INC MO Cry Own!er Name., JOANN PINNA PRES,WILLIAM FLOWERS Business Loratiom KF'Y WEST, FL 33040 Mailing Address:QUALIFIER IS 181 NW 39 PL Busyness Phone: 305-825-3004 MIAMI, F1_ 33054 f3uslness Type-, CON rRACTOR(HVAr,; GE NERAL) UnIployeps 15 STATE LICENSE- CMC057200; CGC1506699 Tax Amount ns far Fee Su -Tota Pr. Room r na t —years I lection Cost Total Plid _0 1 0.00 35,100 04 C7.CItI I Paid 000-22-00054808 07/13,12023 3 5 . 00 THIS iBECOMES A TAX RECEIPT Sani C.Steele, CFC, Tax Collector THIS IS ONLY A TAX, WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MAST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUI REM ENT& MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPI'EMBER 30, 20,24 Business Name., MASTER MECHANICAL SFRVICFS INC RFC E-1VT4 30140-93813 M0 CTY Business Location. KEY WEST, FL 33040 Owner Name: JOANN PINNA PRES, WILLJAM FLOWERS Ma ling Address:QUALIFIER Business Phone. 30!;-825-3004 15181 NW 33 PL Business Type, CONTRACTOR (14VAC;GENERAL, MIAMI, FL 33054 Ernj*yees 15 _51'0E LICENSE, CKC057200, CGC1506699 'Tax Amount Transfer Fee Sub-T!:!j!1 _.......... ]Penalty rior Years Collection Cost ITesta!Paid 3500 0X0 3j��L 0. 0.00 35.00 Paid 000-22-00054808 07 13/2023 35 .00 Local Business Tax Receipt Mlamft-Dade County, State of Florida 4549821 -THIS IS NOTARK.L.--00 NOT PAY RUCEIPTNO, LBT RENEWAL BUSINESS NAME&OCATION 4749843 5XPIRES MASTER MECHANICAL SEP-rEMBER 30, 2024 SERVICES INS a 11,10 be 111,plaplIal place of bualness 15181 NW 33RD PL Pursimnt to County Code MIAMI GARDENS,FL Choptor 8A—Art.9&10 33054-2400 OWNER E.C.S TYPE OF IBUSINESS PAYMENT RECEIVED MASTER MECHANICAL SERVICES 196 GENERAL MECHANICAL BY TAX COLLFCTOR NC CONTRACTOR M I IAA F1 nWF:F4.A ni JAI IFtPR 4540 07/06P2023 Wotker(s) 4 CMC05'1200 INT-23-301491 Thtgloca)Susloess Tax Receipt onlycoofirats pqoiont of Rho tocal0u0aess That;Th*Receipt is not a license, patron,era coulficarlon afthe do builoptsHoldet must comply with anydavernwnonlai or nongovarnpoerptal segulatary laws cod osquiraments which apply to the bvslnazs� The I)ECUPT NO.above must be displayed coati commercial vehicles-miaml-bode Code See 94-27C WAM 121 uj r_ 0 > 4A 4) LU I 4a a. 60 V LA 0 tA w u CU U z Qi CA cr m CL oj 4) co tj t4 yw .0 cj A= ob u C :3 z u C6 tot, sum LL aA IL ON" UJ co cr mum ca > WE v 42 -4 4� j E 0wr U al M 0 lz !k 9 1>1 0 0 M 0 t, 0 P4 z 3� n w ft LL p W4 y 4 LLJ can N co Up LAJ<' (A memo p U9 V V " � Cal K R + " ." ' n cea 'o>, 2 l 41 N rl " r' 70 11 i , 2 `, "o DATE(MWOONYYY) ACCORV' CERTIFICATE OF LIABILITY INSURANCE 06/2512024 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THIECIERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER.THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the cert icate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in fieu of such endorsernent(s). PRODUCER CONTACIV NAME RSC Insurance Brokerage,Inc, PHONE (305)44,6-2271 rA7 WC N a.t Xtk NO)., 9350 S Dixie ivy 4AIL AOORESS MIA-Ce(tOicites@Risk Strategies.cofir Suite 1400 INSURER(SI AFFORDING COVERAGE NAIL A Miami FL 33156 INSURER A: National Trust Insurance Co 20141 INSURED INSURER 8 FCCI Insurance Co 10178 Muster Mechanical Services Inc INSURER C National Union Fire insurance Co of Pittsburgh PA 19445 15181 NW 33rd Place INSURER 0 Federal Insurance Co 20281 INSURER E Opa Locke FL 33054 INSURER F COVERAGES CERTIFICATE NUMBEW CL2432937352 REVISION NUMBEW TH&S IS TO CERTIFY THAT THE POLACfES OF INSURANCE I ISTGO 80 OWHAVE BEEN SSUED T01HE 1Ngt1RED NAME DABOVE FOR 11,4E POLICY PERIOD INDICATED NOTWO'H STANDING ANY REQ.11REMEN T,TERM OR CONDIT ION OF ANY CONT RA4;7 OR OFHER DOCILIMEN TW1711 RESPECT TO WHICIA THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAiN,THE INStJRANCEAFF0H0Ef)8Y tHE-".-POLICIES DESCWBED HERON IS SUBJECT TCIALI THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLCIES oMITISSHOWN MAY HAVESLEN REDUCED BYPALEICIAtINIS INSR ADDLSUBR POUCYEFF POLICY EXP LTR TYPE OF INSURANCE JNK VD POUCY NUMBER �OL AL iMM22y TYY YL LIMITS - - ---- X COMMERCIAL GENERAL LIABILITY EACH=URRENCE 5 MAMAGI!TO REM F7- CLAAMS-MADE OCCUR PRE M ME S(Ea occuto g W0,000jej_ praeAona 5 5,000 A y GL 100041840-06 03/3V2024 0313V2025 PERSOWNL&ADV INJURY S 11,000,0013 GENLAGGREWE LAMITAPPUES PER, GENERAL AGGREGATE z 2,000,000 Poocy N P1,r" [::]toc", PRODOCTS COA0110PAGG 5 2,000,000 OYHER �GT S AUTOMOBILE LIABILITY' COMBINED SINGLE L"A?T z 1,000,000 (En accOeM� >< ANY AUTO BOMLY INJURY(Per pecson) S 0"14Lp SCNrOULECI A���OS ONLY AU70S CAiOD083839-01 0313112024 0313V2025 3r)DILY INJLMY(PeraCVOM) S H RED NON OWNED PROPERTY DAMAGE, AUTOS ONLY AUrc>s ONLY ea aMderM Pry UMBRELLA LIAr.A"„ EACH OCCURRENCE S 4,00,0,000 C EXCESS LJAS OADE EBU014669844 0313112024 03131t2025 AGGREGATE 5 4,000,OOD TEN7K)N S S WORKERS COMPENSATION ERTH, AND EMPLOYERS`LIABILITY YIN X SIATWE I L"RT_ B ANY PROPf�IETaR�FIARTt4ER*,XE.t:',CaT1VE NIA WC01 00067854-04 =3112024 03/11/2025 F1,EACHAC00EN-r S OFPuC 1,000,000 ERWEMBER EXCLUDED? (Mandatory In NK) El E L,DISEASE. EA EMPLOYEE $ 1,000,000 ffye%,amwflbe Under 1,000,000 r)ESCWF1rrCfl OF OPERAIIONS�.Wnw EL DISEASE R.XiVeLPMIT Contralor's Equipment Scheduled Equip. $115,298 D 0664-21-83-EUC 0313112024 03,13112025 Rented/Leased Equip $250,000 1 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Contract Lower Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General UaNtfty and Commercial Automobile when required by wifflen contract, 7-7 T— Doe-- CERTIFICATE HOLDER CANCELLATION WAMP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES'BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE,WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33M (D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and Ingo are registered marks of ACORD cou 00 Kevin Madok, CPA o' RTS A A i M ....L.... Clerk of the Circuit Court& Comptroller— Monroe County, Florida oz COVNSy DATE: June 24, 2025 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Tina LoSacco Senior Engineering Technician FROM: Liz Yongue, Deputy Clerk SUBJECT: June 18, 2025 BOCC Meeting The following item has been executed and added to the record: C2 I st Amendment to Agreement with Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI-U of 2.9% and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. C3 I st Amendment to Agreement with Master Mechanical Services, Inc. for Middle Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI-U of 2.9% and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. C4 I st Amendment to Agreement with Master Mechanical Services, Inc, for Upper Keys HVAC Maintenance and Service to increase the contract amount by the CPI-U of 2.9% and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIRST AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE-- MULTIPLE LOCATIONS,MONROE COUNTY, FLORIDA This First Amendment to the Agreement for Lower Keys IJVAC Maintenance and Service- Multiple Locations dated July 17, 2024 ("Original Agreement") is made and entered into this 18th day of June, 2025 between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., a Florida Profit Corporation ("Contractor"), the address of which is 15181 Northwest 33`a Place, Miarni, Florida 33054, collectively ("the parties"). WITNESSETH WHEREAS, on July 17, 2024, the COUNTY and CONTRACTOR entered into the Original Agreement; and WHEREAS, the COUNTY desires to increase payment amounts by the annual CPI-U increase adjustment of two and nine-tenths percent (2.9%), with an effective date of August 1, 2025, pursuant to the terms of the Original Agreement;and WHEREAS, the parties desire to amend the Original Agreement to correct and/or update provisions to bring it current with certain County, State, or Federal required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend their Original Agreement and enter into this First Amendment to the Original Agreement. NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 6. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR), Subparagraph D of the Original Agreement is arnended to reflect new contract payment amounts pursuant to the annual CPl-U change with an effective date of August 1, 2025, Paragraph 5(D) of the Original Agreement is replaced with the following: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of- 1 Labor — Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $123.48 per hour, mechanic $149.21 per hour, senior mechanical specialist $200.66 per hour, mechanic plus helper $200.66 per hour, senior mechanical specialist plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $169.79 per hour, mechanic $174.93 per hour, senior mechanical specialist $252.11 per hour, mechanic plus helper $252,11 per hour, senior mechanical specialist plus helper There shall be no additional charges to the County for travel, mileage, meals, or lodging. The Contractor shall submit itemized invoices in writing. For invoicing puq)oses, the hours shall he calculated in fifteen (15) minute increments. 2. In accordance with Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR)of the Original Agreement,the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%,whichever is less,as of December 31 of the previous year. The CPI-U on December 31, 2024, was two and nine-tenths percent (2.9%), and, thus, the parties desire to increase the payments by two and nine-tenths percent(2.9%),which is the equal or lesser amount, with an effective date of August 1, 2025. 3. Paragraph 10, PUBLIC RECORDS COMPLIANCE, of the original agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 2 10. PUBLIC RECORDS COMPLIANCE The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and pert-nit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to 'Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: A. Keep and maintain public records that would be required by the County to perform the service. B. Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Ifi the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 3 E. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119,10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. I IF THE CONTRACTOR HAS UESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, PUBLICRECORDS a MONROECOUNTY-FL.GOV PHONE NO. 305- 292-3470. 4, Paragraph 15, NONDISCRIMfNATIONIEQUAL EMPLOYMENT OPPORTUNITY, of the original agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: I 15. NONDISCRIMINATION I E UAL EMPLOYMENT OPPORTUNITY i The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order, The Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of I964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin, 2)'I'itle IX of the Education Amendment of 1972,as amended (2013SC ss. 1681-1683,and 1685-1686), which prohibits discrimination on the basis of sex.; 3) ;Section 504 of the 4 i I I I Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability;4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),as amended, relating to nondiscrimination on the basis of drag abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ec-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; S) Title VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.),as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) 'The Americans with Disabilities Act of 1990 (42 USC s. 1.21.01 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article 11,which prohibits discrimination on the basis of race,color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any ether nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Pala 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause as set forth below: 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 Oi-der 11246 Relating to Equal Employment Opporttmitj; 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 11,¶C, agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 5 B. Tile 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. C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. D. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. 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. F. The Contractor will fitrnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. G. In the event of the Contractor's non-compliance with the nondiscrimination Clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. 6 H. The Contractor will include the portion of the sentence immediately preceding Paragraph (A) and the provision of Paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States, The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided that, if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part f1, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refiuid occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 7 5. Paragraph 44, EXECUTION IN COUNTERPARTS, of the original agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 44. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which when taken together will constitute the Agreement. If any signature is delivered by email delivery of a ".pdf' format data file, such signature will create a valid and binding obligation of the party executing(or on whose behalf such signature is executed) with the same force and effect as if the ".pdf" signature was an original signature. The Contractor transmitting an electronic signature will provide the inked original to the County, at the Cournty's request. 6. Subparagraph 50.15, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.P.R. § 200.216, of the original agreement is hereby amended by deleting the subparagraph in its entirety and replacing it with the following subparagraph: 50.15 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment M set forth in 2 C.F.R. k 200.216. 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 fluids 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 systern,or as critical technology of any system; 8 b) Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c) Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system; or d) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. C. Exceptions. 1. This clause does not prohibit contractors from providing- a) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2. By necessary implication and regulation, the prohibitions also do not apply to: 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. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. b) Other telecommunications equipment or services that are not considered covered telecommunications equipment of 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 9 source,the contractor shall report the information in Paragraph(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 Paragraph (13)(1)of this clause: a) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b) Within 10 business days of submitting the information in Paragraph (D)(2)(a) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent 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. 7. The Original Agreement is hereby amended to add the following as Subparagraph 50.21, Build America, Buy America Act (BABAA), and shall read as follows: 50.21 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, Public Law No, 1 17-58, §§ 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. Stich disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency. Subrecipients 10 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 following 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. 8. The Original Agreement is hereby amended to add the following as Subparagraph 50.22, Sociocconornic Contracting, and shall read as follows: 50.22 Socioeconomic Contracting. The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)(5)to ensure small businesses, minority businesses, women's business enterprises, veteran awned businesses, and labor surplus area firms are considered when possible. 9. The Original. Agreement is hereby amended to add the following as Subparagraph 50.23, Copyright, and shall read as follows: 50.23 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 the preparation of derivative works and distribution of copies to the public,and to 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 acquire 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 including,but not limited to,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 County 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. 10. The Original Agreement is hereby amended to add the following as Subparagraph 50.24, Providing Good Safe Jobs to Workers, and shall read as follows: 50.24 Providing Good Safe Jobs to Workers. Creating Good Jobs. 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. 11. The Original Agreement is hereby amended to add the following as Subparagraph 50.25, Buy Clean, and shall read as follows: 50.25 Buy Clean. Monroe County encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, Monroe County encourages that the performance of this Agreement includes 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. 12. Except as set forth in Paragraphs I through I I of this First Amendment to t11e Original Agreement, in all other respects, all the terms and conditions of the Original Agreement, dated July 17, 2024, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 12 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. {SEAL), BOARD OF COUNTY COMMISSIONERS ti est ',KE�V1N MADOK,CLERK OF MONROE COUNTY, FLORIDA ,r r f d r uty Clerk Mayor 'MONROE COUNTY AITORNEYS OFFICE APPROVED AS TO FORM Date:- 12GZ5 (�� .. TANTCO TfOflNEY DATE: 4-28-202 5 Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. Signature of person authorized to Signature legally bind CONTRACTOR Date: L "" to '25 S yam.. t 1 fG�i !'�.✓c> Date Print Nance Print Name and Title Address: 15'� i J.J 33 - „ O Telephone Number Date- Print Name 13 CD - rn r1 rf: DATE(MM/DD/YYYY) A`COR" CERTIFICATE OF LIABILITY INSURANCE 03/31/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: RSC Insurance Brokerage,Inc. PHONE (305)446-2271 FAX A/C No Ext: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURER A: National Trust Insurance Co 20141 INSURED INSURER B: Progressive Express Insurance Company 10193 Master Mechanical Services Inc INSURER C: National Union Fire Insurance Co of Pittsburgh PA 19445 15181 NW 33rd Place INSURER D: FFVA Mutual Insurance Co 35300 INSURER E: Federal Insurance Co 20281 Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2533144701 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MWDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 F;�_?9 DAMAGE TO RENTEU_ ---- CLAIMS-MADE OCCUR PREMISES Ea occurrence 100000$ ' MED EXP(Any one person $ 5,000 A Y GL100041840-07 03/31/2025 03/31/2026 PERSONAL&ADV INJURY $ 1,000,000 M'OTHER LAGGREGATE LIMITAPPLIES PER: A �KT GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PET ❑ LOC Syr _--'M ��4 - -- PRODUCTS-COMP/OPAGG $ 2,000,000 : CfA'G'F._..mw....._....,-.._ Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY Wl� -,� "'" COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 995375229 03/31/2025 03/31/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ 4,000,000 C [XXCESS LIAB CLAIMS-MADE EBU 031373813 03/31/2025 03/31/2026 AGGREGATE $ 4,000,000 DED RETENTION $ $ WORKERS COMPENSATION X1 SPER TATUTE ECRH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? N/A WC840-0816960-2025A 03t31/2025 03/31/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contrator's Equipment Scheduled Equip $115,298 E 0664-21-83-EUC 03/31/2025 03/31/2026 Rented/Leased Equip $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Contract:Lower Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Commercial Automobile when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ���,.�-"? ,,,dam""► , ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/31/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: RSC Insurance Brokerage,Inc. PHONE (305)446-2271 FAX AIC No Ext: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: AmGUARD Insurance Company 42390 Master Mechanical Services Inc INSURER C: FFVA Mutual Insurance Cc 35300 15181 NW 33rd Place INSURERD: Federal Insurance Co 20281 INSURER E: Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2633152434 REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER M�DD YYYYMLICY EFF O DD YYYY LIMITS ICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE_7 CLAIMS-MADE Fx_]OCCUR PREM SESOEa occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A Y GL100041840-08 03/31/2026 03/31/2027 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: A itilC.. T GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO LOC Y .L„. ! ^—'"'--""" PRODUCTS-COMP/OPAGG $ 2,000,000 4.1. _..... _ $ OTHER: DA'1rS,.„,,._.�-----��26 ^`-' AUTOMOBILE LIABILITY WAW IAA_ _, COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y MAAU797100 03/31/2026 03/31/2027 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCID ENT $ C OFFICER/MEMBER EXCLUDED? NIA WC840-0816960-2026A 03/31/2026 03/31/2027 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contrator's Equipment Scheduled Equip 104,500 D 0664-21-83-EUC 03/31/2026 03/31/2027 Rented/Leased Equip 100,000 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract:Lower Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Commercial Automobile when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 r % y ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Monday, July 13, 2026 8:58 AM To: MGT; Agenda Distribution Group; County-Attorney; County Commissioners and Aides Subject: Item C18 BOCC 07/15/2026 REVISED BACKUP Attachments: AIS 26-32343.pdf, 26-32343 Second Amendment Master Mechanical Lower Keys signed by MM rev 7.13.26.pdf Good morning, Please be advised that the backup for the C18 agenda item has been revised. "Approval of a Second Amendment to the Agreement with Master Mechanical Services, Inc.for Lower Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI-U of2.7%, change the future increase method to a flat 3% set the FY27 not-to-exceed amount to $183,917.00 with FY26 remaining at$169,000.00, renew the agreement for the first of up to four one-year periods, and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. " Thanle rez%�, �,-,rrystaC crontez Executive Administrative Coordinator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 Office: 305-292-4441 Cell: 305-850-8694 Notary Public �y ------_-rv_� PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 COUNTY Nr11�,Y �� ����� m� � ^ BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 James K.Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting July 15, 2026 Agenda Item Number: {{section.number}}{{item.number}} 26-32343 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: N/A STAFF CONTACT: Willie DeSantis AGENDA ITEM WORDING: Approval of a Second Amendment to the Agreement with Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI- U of 2.7%, change the future increase method to a flat 3%, set the FY27 not-to-exceed amount to $183,917.00 with FY26 remaining at$169,000.00, renew the agreement for the first of up to four one- year periods, and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. ITEM BACKGROUND: On July 17,2024, the BOCC approved a Bid Award Agreement for Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service with an initial (2)year term commencing on August 1, 2024 and terminating on July 31, 2026, with an option to renew for up to an additional four (4) one- year periods. Initial Total Value of Contract was $169,000. A First Amendment was approved on June 18, 2025. This Second Amendment seeks approval to increase the contract amount by 2.7%, change the VCPI-U to a flat 3%, renew for an additional one year, and update contract provisions. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024—The BOCC approved a Bid Award Agreement with Master Mechanical Services, Inc June 18, 2025 —The BOCC approved the First Amendment to increase the contract amount by 2.9% and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Increase the contract amount by the CPI-U of 2.7%, change the future increase method to a flat 3%, set the FY27 not-to-exceed to $183,917.00 with FY26 remaining at$169,000.00, renew the agreement for the first of up to four one-year periods, and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. STAFF RECOMMENDATION: Approval DOCUMENTATION: Second nAmendment FINANCIAL IMPACT: Effective Date: 08/01/2026 Expiration Date: 07/31/2027 Total Dollar Value of Contract: $183,917.00 Total Cost to County: $183,917.00 Current Year Portion: $183,917.00 Budgeted: Yes Source of Funds: Ad Valorem - 20501, 20505, 20503 CPI: 2.7% Indirect Costs: $0.00 Estimated Ongoing Costs Not Included in above dollar amounts: $0.00 Revenue Producing: No If yes, amount: Grant: No County Match: No SECOND AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE-- MULTIPLE LOCATIONS, MONROE COUNTY, FLORIDA This Second Amendment to the Agreement for Lower Keys HVAC Maintenance and Service - Multiple Locations dated July 17, 2024 ("Original Agreement"), is made and entered into this 15th day of July, 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 MASTER MECHANICAL SERVICES, INC., a Florida Profit Corporation ("Contractor"), the address of which is 15181 Northwest 33`a Place, Miami, Florida 33054, collectively("the parties"). WITNESSETH WHEREAS, on July 17, 2024, the COUNTY and CONTRACTOR entered into the Original Agreement; and WHEREAS, on June 18, 2025 the Monroe County Board of County Commissioners (BOCC)approved a First Amendment to amend the Original Agreement to include an increase of two and nine-tenths percent (2.9%) effective August 1, 2025, and it also amended the Original Agreement to correct and/or update provisions to bring them current with certain County, State,or Federal required contract provisions; and WHEREAS, the COUNTY desires to increase payment amounts by the annual CPI-U increase adjustment of two and seven-tenths percent (2.7%), with an effective date of August 1, 2026, pursuant to the terms of the Original Agreement; and WHEREAS,the County also desires to update the method of calculation effective October 1, 2026, for all future adjustments to the CPI-U increase to a flat three percent (3%) annually instead of adjusting by the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for December 31 st of the previous year; and. WHEREAS, in preparation for the FY27 fiscal year, the County desires to increase Total Compensation to the Contractor on an annual basis under this Agreement to One Hundred Eight- three Thousand Nine Hundred Seventeen and 00/100 ($183,917.00) Dollars effective October 1, 2026; and WHEREAS,the County wishes to renew the Agreement for the first of up to four(4)one- year periods; and 1 WHEREAS, the County also wishes to update the address of the Monroe County Attorney's Office in Paragraph 10, (PUBLIC RECORDS COMPLIANCE), and in Paragraph 24 (NOTICE), of the Original Agreement, as amended; 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; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend their Original Agreement and enter into this Second Amendment to the Original Agreement. NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: l. In accordance with Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR) of the Original Agreement, as amended, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U)or three percent(3%), whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%,whichever is less,as of December 31 st of the previous year. The CPI-U on December 31, 2025, was two and seven-tenths percent (2.7%), and, thus, the parties desire to increase the payments by two and seven-tenths percent (2.7%), which is the equal or lesser amount, with an effective date of August 1, 2026. 2. Paragraph 6, Subparagraph D (CONTRACT SUM AND PAYMENTS TO CONTRACTOR), of the Original Agreement is amended to reflect new contract payment amounts pursuant to the annual CPI-U change with an effective date of August 1, 2026. Paragraph 6(D)of the Original Agreement is replaced with the following: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: Labor -- Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $126.81 per hour, mechanic $153.23 per hour, senior mechanical specialist $206.07 per hour, mechanic plus helper $206.07 per hour, senior mechanical specialist plus helper 2 Overtime rate for hours other than tile nonnal working hours as stated above,including holidays: $174.37 per hour, mechanic $179.65 per hour,senior mechanical specialist $258.91 per hour, mechanic plus helper $258.91 per hour, senior mechanical specialist plus helper Them shall be no a(Itfiflonal chai-ges to the Counly fear, 0-revel, mileage, meals, oi, ImIghig. The Conti-actor shall submit itemized invoices in ivi1fing. For hivoichig pin-poses, the hours shall be calculated hi fifteen (15) minute increments. 3. In preparation for the FY27 Fiscal year, the County desires to increase Total Compensation to the Contractor oil all annual basis under this Agreement to One Hundred Eighty-three Thousand Nine Hundred Seventeen and 00/100 ($183,917.00)Dollars effective October 1, 2026. Paragraph 6, Subparagraph E shall be replaced as follows: E. Total Compensation to Contractor under this Agreement for F Y27 (Fiscal Year 2027) shall not exceed ONE HUNDRED EIGHTY-THREE THOUSAND, NINE HUNDRED SEVENTEEN AND 00/100 ($183,917.001) Dollars annually, unless pre-approved work requiring additional funds is implemented and approved by the Board of County Coin in iss toners. The County will request quotes for additional services as set forth in Paragraph 2 of original agreement and Exhibit"A"attached thereto. 4. Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR) of the Original Agreement, calculates the increase amollilt to the Contract in accordance with the percentage change in the U.S, Department of Commerce Consumer Price Index(CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics or three percent(3%), whichever is less, and shall be based upon the CPl-U computation or three percent (10/o,)whichever is less, as of December 31 of the previous year. Going forward, the Contract arriomit may be adjusted amorally by applying a flat three percent (3%) increase to the contract amount, and, shall no longer relate 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. Annual increases will now be a fixed three percent(3%) per year, and any references to adjustments based on tl:ie CPI-U are hereby removed, Effective August 1, 2026, Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR)of the Original Agreement, as amended, is changed as follows- 3 The Contract amount may be adjusted annually by applying a flat three percent (3%) increase to the contract amount, and shall not be related 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. The initial three percent(3%)adjustment shall be effective on October 1, 2027. S. In accordance with Paragraph 3, (TERM OF AGREEMENT) the County exercises the option to renew the Agreement for the first of four(4)optional one-year periods. This one- year renewal term shall commence August 1, 2026, and ends upon July 31, 2027, unless terminated earlier under another paragraph of the Agreement. 6. Paragraph 10, PUBLIC RECORDS COMPLIANCE, of the Original Agreement, as amended in the First Amendment, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 10. PUBLIC RECORDS COMPLIANCE The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: A. Keep and maintain public records that would be required by the County to perform the service. B. Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 4 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. E. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT MONROE COUNTY ATTORNEYS OFFICE, P. O. BOX 1026, KEY WEST, FL 33041, PUBLICRECORDS MONROECOUNTY-FL.GOV PHONE NO. 305- 292-3470. 5 7. Paragraph 24, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 24. NOTICE REQUIREMENT All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or permitted tinder this Agreement shall be sent by United States Mail,certified,return receipt requested postage prepai8d, or by courier with proof of delivery. The place of giving Notice shall rernain the same as set forth herein util changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR; Monroe County Master Mechanical Services, Inc. Facilities Maintenance Department 15181 NW 33rd Place 123 Overseas Highway----Rockland Key Miami, FL 33054 Key West, FL 33040 And County Attorney P. O. Box 1026 Key West, FL 33041 8. Subparagraph 50.1, Clean Air Act and Federal Water Pollution Act, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.1 Clean Air Act 42 U.S.C. 7401-7671 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 $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as 6 required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that call be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 9. Subparagraph 50.2, Davis-Bacon Act, of the Original Agreement, as arnended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following; 50.2 Davis-Bacon Act as amended 40 U.S.C. 3141-314$ . 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 Revised Exhibit"C"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 re air 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. 7 C)Requh-ed confraef clauses. All prime contracts over$2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-11). All applicable contractors must include these provisions in full in any subcontracts. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or(for contracts covered by the Federal Acquisition Regulation (48 CFR Chapter 1)) by reference, in any contract in excess of$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to snake 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 § 5.1, the following clauses(or any modifications thereof to meet the particular needs of the agency, Nov ded, That such modifications are first approved by the Department of Labor): (1)Minhil um 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 frill 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 Subparagraphs (d)and Lee,)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. 314 ) 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 S.S. Laborers or mechanics performing work in more than one classification may be compensated at the rate 8 specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under Subparagraph (a)(1)(iii) of 29 C.F.R. Section 5.5) and the Davis-Bacon poster(WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it tali be easily seen by the workers. (b)Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR Part 1, a wage determination may contain, pursuant to 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to Subparagraph_(a)(1)(iii)of 29 C.F.R. Section 5.5, provided that: (A) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (B) The classification is used in the area by the construction industry; and (C) Tile 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 ail additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: 9 (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 a,dol 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 DBAconform,-mce a,doLgoV, 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 LM of29 C.F.R. Section 5.5.The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to Subparagraph (a)(1)(iii)(C) or ( of 29 C.F.R. Section 5.5 must be paid to all workers performing work in the 10 classification under this contract from the first day on which work is performed in the classification, (d)Fringe henefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 5.28, that the applicable standards of the Davis-Bacon Act have 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. (0 Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding— (a) Withholding requirements. The Federal Emergency Management Agency (FEMA), the Florida Division of Emergency Management (FDEM)or the County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest,required by the clauses set forth in Paragraph(a)of 29 C.F.R. Section 5.5 for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards,that is held by the same prime contractor(as defined in 5.2). The necessary funds may be withheld from the contractor under this contract,any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's 11 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 Subparagraph (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 farads. The Department has priority to funds withheld or to be withheld in accordance with Subparagraph a 2 i or (b 13)(i) of 29 C.F.R. Section 5.5, or both, over claims to those funds by; (1) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s)(either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3)Recoa•tis and certified payrolls— (a)Basic record retlaairemeaats— (1)Length of record a•etention. 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. 12 (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 classifieation(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)(v) 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 requirentents---- (1) Frequency and ►nethod of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed,certified payrolls to FEMA if it is a party to the contract, but if FEMA is not such a party, the contractor will submit the certified payrolls to FDEM, the County or other entity, as the case may be, that maintains such records, for transmission to FEMA. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the 13 certified payrolls upon request for at least 3 years after the work oil the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2)Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under Subparagraph a 3 i B of 29 C.F.R. Section 5.5, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (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 htU)s:11wiim,.dol.goy/siles/dol of files/FHD/le ag/f[eshvla3471 for its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide frill 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 Subparagraph a 3 ii of 29 C.F.R. Section 5.5, the appropriate information and basic records are being maintained under Subparagraph a 3 i of 29 C.F.R. Section 5.5, and such information and records are correct and complete; (B) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, 14 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 Farm WH-34Z 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 Subparagraph (a)(3)(ii)(C) of 29 C.F.R. Section S.S. (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. (b)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 pq;t roll retention. Tile 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 docainents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts,and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (d)Rewired 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 Ciiij of 29 C.F.R. Section 5.5, and any other documents that FEMA or the Department of Labor deems 15 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 fou•non-compliance with records and workeu•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 5.12. 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 Dart 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider,among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to FEMA if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If FEMA is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to FDEM, the County or other entity, as the case may be, that maintains such records, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 16 (4)Apprentices and erlrral employnrerrt opportunity (A)Apprentices----- (1)Rate ofpay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but 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 predctermined 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 prograrn, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until ail 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 mast be paid in accordance with that determination. (3)Apprenticeship ratio. The al lovable 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 Subparagraph (a (4)� (i)(D) of 29 C.F.R. Section 5.5. Any worker listed on a payroll at ail 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 17 paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4)Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered,the ratios and wage rates (expressed in percentages of the journey worker's hourly rate) applicable within the locality in which 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 oppol7unitsy. 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 CPR 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 of 29 C.F.R. Section 5.5, along with the applicable wage determination(s)and such other clauses or contract modifications as FEMA may, by appropriate instructions, require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts, The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debah•hrhent. A breach of the contract clauses in 29 CPR Section 5.5 may be grounds for termination of 18 the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Section 5.12. (8) Compliance with Davis-Brrcon 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, G, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (A) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 C.F.R. 5�12(a). (B)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or S§ 12(a). (C)The penalty for making false statements is prescribed in the U.S. Code, Title I8 Crimes and Criminal Procedure, 18 U.S.C. 1001. (11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (A) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR Part 1 or 3; 19 (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 pant, or 29 CFR Part l or 3; (C)Cooperating in any investigation or other compliance action, or testifying in any proceeding tinder the DBA, Related Acts, this pant, or 29 CFR Part I or 3; or (D) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR Pant 1 or 3. 10. Subparagraph 50.3, Contract Work Hours and Safety Standards Act, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following 50.3 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 oil 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 requh-urgent.. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B) Violation; liability for unpaid wages; liquidated damages. Ill the event of any violation of the clause set forth in Subparagraph 5.5(b)(1) of 29 CFR Section 5j, the contractor and any subcontractor responsible therefor shall be liable for the 20 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 watclipersons 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) Ofhholding for unpaid wages and liquidated damages. (1) It ithholding 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 sarne 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 finals. The Department has priority to funds withheld or to be withheld in accordance with Subparagraph (a)(2)(i) or (b)(3)(i)of 29 CFR Section 5.5, or both, over claims to those funds by: (a) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (b)A contracting agency for its reprocurement costs; (c) A trustee(s) (either a court-appointed trustee or a U.S, trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (d)A contractor's assignee(s); (e)A contractor's successor(s); or 21 (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 pail; or (4) Informing any other person about their rights under CWHSSA or this part. Further Compliance with the Contract Work Horns and Safety Standards Act. A) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. B) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by 22 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)Lrcorporation 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§ 5,.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. 11. Subparagraph 50.11, Department of Homeland Security (DHS) Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.11 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. 12. Subparagraph 50.14, Changes to Contract, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 50.14 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 23 modification, change order, or constructive change must be approved in writing by both the County and Contractor. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. 13. Subparagraph 50.23,Copyright of the Original Agreement,as amended,is hereby amended by deleting the paragraph in its entirety and replacing it with the following: 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. 14. Then Original Agreement, as amended is hereby amended to add the following as Subparagraph 50.26, Changes, and shall read as follows: 50.25 Changes. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order,or constructive change must be necessary, allocable,within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. Any changes to this Agreement trust be approved in writing by written Amendment signed by both parties, 15. The Original Agreements, as amended, is hereby amended to add the following as Subparagraph 50.27, Common Carrier Responsibilities, and shall read as follows: 50.27 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 24 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 terfn 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. 16. Except as set forth in Paragraphs I through 15 of this Second Amendment to the Original Agreement, in all other respects, all the terms and conditions of the Original Agreement, dated July 17, 2024, as amended, not inconsistent herewith, shall remain in full force and effect. ]REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 25 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By-, By: As Deputy Clerk Mayor Date: PAO NROE COUNTY ATTORNEVIS OFF(66 -,-,2PIME.DA�ST eA PATRICIA EABLE$ ASMSTANTYP( DATE; )�norORNEY Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC, Signature of person authorized to Signature legally bind CONTRACTOR Date: I k 0 gpyv -.Fj g - (I L e) !�jw%6- —Date Print Narne Print Name and Title FV'C Address: i at 14"".4 Telephone Number Date Print Name 26 REVISED EXHIBIT "C" DAVIS-BACON WAGE DETERMINATION STATEMENMT 27 716126, 10:26 AM SAM.gov "General Decision Number: FL20260022 05/18/2026 State: Florida Construction Types: Building Counties: Florida Counties of Monroe Modification Number Publication Date 0 01/02/2026 1 05/18/2026 ELECO349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40.24 14.94 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: CRANE (CRANES 76 TON TO 129 TON). . . . . . . . .$ 37.57 14.90 OPERATOR: CRANE (CRANES 130-300 TON). . . . . . . . . . . . . . .$ 39.38 14.90 OPERATOR: CRANE (ALL CRANES OVER 300 TON, ELECTRIC TOWER, LUFFING BOOM CRANES). . . . . . . . . . . . . . . . . . . . . . . . .$ 40.40 14.90 OPERATOR: CRANE (ALL CRANES 75 TONS AND BELOW). . . . .$ 37.07 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 ---------------------------------------------------------------- SFFLOS21-001 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 TRUCK DRIVER, INCLUDES DUMP AND 10 YARD HAUL AWAY. . .$ 8.00 0.15 SHEET METAL WORKER, EXCLUDES HVAC DUCT INSTALLATION.$ 14.41 3.61 ROOFER: BUILT UP, COMPOSITION, HOT TAR AND SINGLE PLY. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14.33 6.00 PLUMBER. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 3.33 https:llsam.govlwage-determination/FL202600221i 1/4 7/6/26, 10:26 AM SAM.gov PAINTER: ROLLER AND SPRAY. . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.21 0.00 OPERATOR: PUMP. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .$ 11.00 0.00 OPERATOR: PAVER (ASPHALT, AGGREGATE, AND CONCRETE). . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . .$ 9.58 0.00 OPERATOR: BACKHOE/EXCAVATOR. . . . . . . . . . . . . . . . . . . . . . . .$ 16.98 0.00 LABORER: PIPELAYER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.45 0.00 LABORER: COMMON OR GENERAL. . . . . . . . . . . . . . . . . . . . . . . . .$ 8.62 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$ 9.94 0.00 CEMENT MASON/CONCRETE FINISHER. . . . . . .. . . . . . . . . . . . . . .$ 12.45 0.00 CARPENTER. .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .$ 15.08 5.07 ---------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (ED) 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 ED, 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 ED 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 $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ----------------------------------------------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adapted rate, or a supplemental classification rate. Union Rate Identifiers https://sam.govhvage-determinatiorVFL2026002211 214 716126, 10:26 AM SAM.gov A four-letter identifier beginning with characters other than 46U0, QUAVGQ, ASAQ, or OSCQ denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The OSUQ 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. ASUQ wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ®SA© identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine, 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an https:llsam.govlwage-determination/FL20260022/1 314 7I6/26, %26 AM SAM.gov 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 QSAQ identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo,@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ---------------------------------------------------------------- END OF GENERAL DECISION f3 https://sam.govhvage-determination/EL20260022/9 4/4