Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item C19
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 1 James K.Scholl,District 3 -� Holly Merrill Raschein,District 5 Regular Meeting July 15, 2026 Agenda Item Number: C19 26-32345 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 Middle 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 $166,972.00 with FY26 remaining at $158,000, 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 Middle 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 $158,000. A First Amendment was approved on July 18, 2025. This Second Amendment seeks approval to increase the contract amount, change the CPI-U increase to a flat fee, extend the term for 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 July 18, 2025—The BOCC approved an increase to the contract amount by the CPI-U of 2.9% and updated 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 $166,972.00 with FY26 remaining at$158,000.00, 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 Amendment FINANCIAL IMPACT: Effective Date: 08/01/2026 Expiration Date: 07/31/2027 Total Dollar Value of Contract: $166,972.00 Total Cost to County: $166,972.00 Current Year Portion: $166,972.00 Budgeted: 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 MIDDLE KEYS HVAC MAINTENANCE AND SERVICE-- MULTIPLE LOCATIONS, MONROE COUNTY, FLORIDA This Second Amendment to the Agreement for Middle 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 For 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 Sixty- Six Thousand Nine Hundred Seventy-Two and 00/100 ($166,972.00) 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: I. 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: $79.26 per hour, mechanic $79.26 per hour, senior mechanical specialist $147.95 per hour, mechanic plus helper $147.95 per hour, senior mechanical specialist plus helper 2 Overtime rate for hours other than the normal working hours as stated above, including holidays: $100.40 per hour, mechanic $100.40 per hour, senior mechanical specialist $174.37 per hour, mechanic plus helper $174.37 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 SIXTY-SIX, NINE HUNDRED SEVENTY-TWO AND 00/100 ($166,972.00) 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 SIXTY-SIX, NINE HUNDRED SEVENTY-TWO AND 00/100 ($166,972) 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 up to four (4) 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, I UBLICREC D ( .ONROECOUNTY FL.G V 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 required to assure notification to FEMA/Federal Agency and the appropriate EPA 6 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 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 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 MONROE,COUNTY AVORNEWS OFFICE �� RK Date: a �- 1'Ri ALES TATTORNEY ATE- - 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 STATEMENT 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 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 �GV,Z COURT' 00 Kevin Madok, CPA w:�bA otiRa...... Clerk of the Circuit Court& Comptroller Monroe County, Florida EGo DATE: September 3, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following items have been executed and added to the record: C8 Agreement with Master Mechanical Services, Inc., in an annual not to exceed amount of$169,000.00 for Lower Keys HVAC Maintenance and Service at Multiple Locations in Monroe County. Funding is Ad Valorem. C10 Agreement with Master Mechanical Services, Inc. in an annual amount not to exceed $158,000.00 for Middle Keys HVAC Maintenance and Service at Multiple Locations in Monroe County. Funding is Ad Valorem. C11 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed $148,000.00, for Upper Keys HVAC Maintenance and Service at Multiple Locations in Monroe County. 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 AGREEMENT FOR MIDDLE KEYS HVAC MAINTENANCE AND SERVICE - MULTIPLE LOCATIONS, MONROE COUNTY,FLORIDA This Agreement is made and entered into this 17th day of July, 2024, between MONROE COUNTY, FLORIDA ("County / "Owner""), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and. MASTER MECHANICAL SERVICES, INC,a Florida For Profit Corporation,authorized to do business in the State of Florida, ("Contractor"), whose address is15180 NW 33 Place, Miami, Florida 33054. WHEREAS, County 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 Middle Keys HVAC Maintenance and Service at Multiple Locations in Monroe County ("Project"); and WHEREAS, Contractor desires to and is able to perform the work and/or services described in the attached Exhibit"A"; and WHEREAS, it serves a legitimate public purpose for Contractor to perform the work and/or services 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 The Contract Documents consist of this Agreement and any amendments executed by the parties hereafter, the Request for Proposals ("RFP") documents, and any addenda issued prior to the execution of this Agreement, including the response to the RFP, exhibits, and all required insurance documentation and licenses. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and/or services shown and listed for the 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. The Contractor shall furnish all labor, supervision, materials, power tools, equipment, supplies, perm its, if any are necessary,and any other means of construction or work necessary or proper for performing and completing the Scope of Work,unless otherwise specifically stated,or as amended throughout the term of this Agreement. At times, the County may request additional services for the repair, replacement, or upgrade of major components, parts, or equipment as noted in Exhibit "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 1 of 53 3. TERM OF AGREEMENT The initial term of this Agreement shall be for two (2) years which shall commence on August 1, 2024, and will terminate on July 31, 2026, unless terminated earlier under Paragraph 27 of this Agreement. The County shall have the option to renew this Agreement for Lip to an additional four (4) one- year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2)years. The County is not required to state a reason if it elects not to renew. 4. PERSONNEL 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. 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 building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State, and Federal regulations. Uniforms are preferred for Contractor's personnel; however, photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. S. 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 of award of the contract. The County reserves the right to refuse personnel based on results of the background check. Tile County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the 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. Some 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 minimum; A. Warrants check; B. Fingerprints; C. Local Records check; AGREEMENT Page 2 of 53 D. Prior Employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff s Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees 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 convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of 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 the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with rio further responsibility to make payment or perform any other duties described herein. 6. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. County's performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Coin rnissioners. County shall pay in accordance with the Florida focal Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion of the repair by the Contractor and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 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 30th. 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 amounts, surcharges, and services supplied by others purchased from the manufacturer plus fifteen percent(1 S%)to fulfill the obligations of the Contract. The AGREEMENT Page 3 of 53 County shall pay the actual cost of equipment rentals plus Five percent (5%) to fulfill the obligations of the Contract, Delivery fees, travel, mobilization fees, tax amounts and surcharges are excluded from 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 plus Fifteen percent (15%) on all parts listed on the Stock Parts Price List provided by Contractor and approved by the County attached hereto as Attachment "A" and made a part hereof. Manufacturer's invoice must accompany all parts not identified on the approved Stock Parts Price List when submitting requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the rates set forth in the Contractor's bid as follows: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $75.00 per hour, mechanic $75.00 per hour, senior mechanical specialist $140.00 per hour, mechanic plus helper $140.00 per hour, senior mechanical specialist plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $95.00 per hour, mechanic $95.00 per hour, senior mechanical specialist $165.00 per hour, mechanic plus helper $165.00 per hour, senior mechanical specialist plus helper There shall be no additional charges to the County for travel, mileage, nerds, or lodging. Contractor shall submit itemized invoices in tvritirng. For invoicing purposes, the houis shall be calculated in fifteen (15) minute increments. E. Total Compensation to Contractor under this Agreement shall not exceed ONE HUNDRED FIFTY-EIGHT THOUSAND AND 00/100 ($158,000.00) 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. F. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI- U),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 on December 31 st of the previous year. AGREEMENT Page 4 of 53 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.334, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 9. RIGHT TO AUDIT Availabilio} of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backeharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or tine County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties,or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. AGREEMENT Page 5 of 53 10. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. Tile 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 Fla. Stat., Sec. 119.0701, and the terns and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon 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. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 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 AGREEMENT Page 6 of 53 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 BRIAN BRADLEY AT PHONE NO. 305-292-3470 BRADLEY- BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 11. HOLD HARMLESS INDEMNIFICATION AND DEFENSE Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), Ioss,damage,fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes tinder the terms of this Agreement,except to the extent the claims, actions,causes of action,litigation,proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 12 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs, or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. AGREEMENT Page 7 of 53 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. FDEM Intl einnilwcation To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from 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 indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida 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 requirements provided for in this Agreement shall be subject to annual review. The Contractor must keep in fill 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 in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Facilities Maintenance Department Contract Monitor, as appropriate,whenever acquired, amended, and annually during the term of this Agreement. Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: • WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable,coverage to apply for all employees at minimum 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 injury by disease,policy limits,and$500,000.00 bodily injury by disease, each employee. • COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300_,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $200 000.00 per person, 5300�000.00 per occurrence, and $200�000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. • COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and.Property Damage Liability. • CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if 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. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County,its officials,employees,agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, HEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 13. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deeined a waiver 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 times and for all purposes under this Agreement Contractor is an 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 employees of the Board of County Commissioners of Monroe County. 15. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. Contractor 01• County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2)Title IX of the Education Amendment of 1972,as amended (20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s.794),which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title AGREEMENT Page 9 of 53 VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of Housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10)Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Erfaployment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Pant, 1964-1965 Comp.,p. 339)as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Einplgyment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11,¶ C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex, sexual orientation,gender identity,or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 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. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 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 tinder this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and. the Secretary of Labor for purposes of investigation to ascetlain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of 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. S) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 16. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary, This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. AGREEMENT Page 11 of 53 17. COMPLIANCE WITH LAW AND LICENSE RE UIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes,ordinances, rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 18. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list." 19. ETHICS CLAUSE "Contractor warrants that he/slie/it had not employed, retained, or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this 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 full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 20. CONVENANT OF NO INTEREST County and Contractor covenant that neither presently has any 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. 112.311, et. seq., Florida Statutes, and the only interest of each is to perform and receive benefits as recited in this Agreement. 21. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position;conflicting einployinent or contractual relationship; and disclosure or use of certain information. 22. NO 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 solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monics owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 23. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,_judgment, lien,or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 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 pre- paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refitsal 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 33 Place 123 Overseas Highway— Rockland Key Miami, FL 33054 Key West, FL 33040 and County Attorney 1 11 1 12"' Street, Suite 408 Key West, FL 33040 25. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat, Sec, 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating AGREEMENT Page 13 of53 that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 26. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 27. TERMINATION A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after seven (7) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the 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. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seven(7)calendar days' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the srrm due the Contractor under this Agreement prior to termination,unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under- this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon ninety(90)days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. AGREEMENT Page 14 of 53 E, Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287,135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of$1,000,000 or more: (I) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5),Florida Statutes,the County shall have the option of(1)immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met, 28. MECHANIC'S LIENS The Contractor shall not permit any mechanic's lien or liens to be placed on any of the Locations or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the 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 Chap. 713,Fla. Stat.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 Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The parties waive their rights to trial by jury. 30. INTERPRETATION AND MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. AGREEMENT 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 unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 32. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 33. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Contractor and County representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraphs 15 or 27 concerning termination or cancellation. 34. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 35. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 36. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this 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. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when perforrxring their respective functions tinder this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 39. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 40. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 41. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and 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 documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 43. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. AGREEMENT Page 17of53 44. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 45. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e)actions, embargoes, or blockades in effect on or after the date of this Agreement; () action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated,and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time a as the Owner's Representative may determine. 46. PARAGRAPH 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 a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 47. COMMON CARRIER RESPONSIBILITIES If Contractor is a common carrier,as defined by Section 908.1 11,Florida Statutes,then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 48. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. AGREEMENT Page 18 of 53 49. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 50. FEDERAL CONTRACT REQUIREMENTS The Contractor and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 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). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended(42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 50.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000, awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, which is attached hereto as Exhibit "C" 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. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Giant 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 AGREEMENT Page 19 of 53 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. i) Contractor. The Contractor shall comply with 18 U.S.C. §874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. ii) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such 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 clauses. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. Tile 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 must comply with 40 U.S.C. g37fl2 and 3704, as supplemented by Department of Labor regulations (29 CFR Pail 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 forty (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 forty(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. (1) 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 lie or she is employed on such work to work in excess of forty (40) 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. AGREEMENT Page 20 of 53 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1),the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40)hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1)of. (3) YVithholding for unpaid wages and liquidated damages. The Federal agency shalt upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.5 (1)through (4). 50.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 50.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the gover•nmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders I2549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement, Debarment and Suspension). SAM Exclusions contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order- 12549. SAM exclusions can be accessed at. www.sam.gov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935)or its affiliates(defined at 2 C.F.R. §180.905)are excluded(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is a material representation of fact relied upon by the County. If it is later determined that the AGREEMENT Page 21 of53 contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 50.6 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit"D" to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 50.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200323. Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Pant 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the itern exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://wNvw.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal and/ot•FEMA Requirements (as applicable): AGREEMENT Page 22 of 53 50.5 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 50.9 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract terra. 50.10 Access to Records. Contractor/Consultant and their successors,transferees,assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 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 without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 50.12 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fined all or a portion of the contract. The Contractor will comply will all applicable Federal law,regulations,executive orders, FEMA policies, procedures, and directives. 50.13 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of contracts, entered pursuant to this Agreement. A Minority Owned Business Declaration form is attached hereto as Exhibit"E" and made a part hereof, if applicable. 2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS. AGREEMENT Page 23 of 53 a. If the Contractor,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in paragraph (i.) through (v.)of this section. 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 modification, change order, or constructive change must be approved in writing by both the County and Contractor. 50.15 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety,security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. AGREEMENT Page 24 of 53 5016 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322.._The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 50.17 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 50.18 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 50.19 Energy Efficienc . If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L. 94-163; 42 U.S.C. §§6201— 6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 50.20 Construction Debris and Materials. The Contractor shall load, haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket,the Contractor must also provide the name of the Deposit site,the ID Number of deposit site,and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s) of the fill material utilized. Tile Contractor must also note if the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug up. If the area is a circle, then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, whether there was any vegetation removal and, if so, how it was placed back. Final payment is contingent upon compliance with these provisions. 51. The Contractor is bound by any terms and conditions of any applicable Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency 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 the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 54. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County, Therefore, this Agreement is not to be construed against either party on the basis of authorship. 55. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 56. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] AGREEMENT Page 26 of 53 IN WITNESS WHEREOF,each party has caused this Agreement to be executed by a duly authorized representative. u.Q 531 COUNTY: �f�a BOARD OF COUNTY COMMISSIONERS u�d ° 1�1TT1SS ,,:�VIN MADOK, CLERK OF MONROE COUNTY,FLORIDA F ram( try w ,a-f r °n Mil \ 4 .. 9`Deputy Clerk By: Mayor/Cliairperson Date: -71 1'7'7-0 CONTRACTOR: MASTER MECHANICAL SERVICES, INC: Witnesses for CONTRACTOR: Signature of person rized to S nature legally bind Corporation Date: (40 11gl-L 3-je-vu10uA1Q- rw"-: uwTj s pe C�'% azej Print Name Date Print Name Title Address: Signature U :Sr x`i Telephone Number Print Name r MONROE COUNTY ATTORNEY'S OPFICE =�ram'- -gyVEDASp , TO O M W CD PATRICIA MLES ASSIsTAjg�q ptnORNEY DATE: 40 AGREEMENT Page 27 of 53 t EXHIBIT "A" SCOPE OF WORK EXHIBIT A Page 28 of 53 EXHIBIT "A" SCOPE OF WORK A. SPECIFICATIONS: 1. Bid/Contract 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 Middle Keys area. Should Monroe County 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 from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be 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 system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used for such repairs. 3. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any HVAC system malfunction within four(4)hours of verbal,written,or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. 4. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County HVAC systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. 5. Refrigerants - Refrigerant evacuation and disposal shall be a pant 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 the Cleat) Air Act and any Amendments. EXHIBIT A Page 29 of 53 6. Window Units - Window units are not part of the maintenance agreement. 7. The County shall pay the actual cost of parts, materials,and refrigerants,excluding freight, equipment rental, tax amounts, surcharges, and services supplied by others purchased from the manufacturer plus Fifteen percent(15%)to fulfill the obligations of the Contract. The County shall pay the actual cost of equipment rentals plus five percent (5 %) to fulfill the obligations of the Contract. Delivery fees, travel, mobilization fees, tax amounts, and surcharges are excluded from 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 plus Fifteen percent (15 %) on all parts listed on the Stock Parts Price List provided by Contractor and approved by the County and to become a part of this Agreement as Attachment "A". Manufacturer's invoice must accompany all parts not identified on the approved Stock Parts Price List when submitting requests for payment, Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is Linder warranty or not. B. LOCATIONS: The facilities with HVAC systems and machinery to be serviced are located throughout the Middle Keys. Buildings to be serviced shall include, but not be limited to, the following: SHERIFF SUB-STATION 3103 Overseas Highway, Marathon MONROE COUNTY SENIOR CENTER 535 33rd Street, Marathon MARATHON COURTHOUSE 3117 Overseas Highway, Marathon CLERK OF COURT 3117 Overseas Highway, Marathon PUBLIC WORKS/COUNTY OFFICES 10600 Aviation Boulevard, Marathon FACILITIES MAINTENANCE TRAILER(Formerly Communications Trailer) 10600 Aviation Boulevard, Marathon GARAGE FACILITY and ENGINEERING DEPT. 10600 Aviation Boulevard, Marathon TAX COLLECTOR'S OFFICE—MARATHON BRANCH 3015 Overseas Highway, Marathon ANIMAL SHELTER 10550 Aviation Boulevard, Marathon EXHIBIT A Page 30 of 53 CONCH KEY FIRE STATION 10 S. Conch Ave., Conch Key LAYTON FIRE STATION 68260 Overseas Highway, Layton TEMPORARY COURTROOM"B" 3117 Overseas Highway, Marathon MARATHON JAIL 3981 Ocean Terrace, Marathon MARATHON LIBRARY 3490 Overseas Highway, Marathon MARATHON GOVERNMENT CENTER ANNEX 490 63rd Street, Oceanside, Marathon MONROE REGIONAL SERVICE CENTER(GOVERNMENT CENTER) 2798 Overseas Highway, Marathon RUTH WINS CENTER 3333 Overseas Highway, Marathon MARATHON PUBLIC DEFENDER 4695 Overseas Highway, Marathon MARATHON PROFESSIONAL BUILDING 2945-2975 Overseas Highway, Marathon MARATHON SUPERVISOR OF ELECTIONS 10015 Overseas Highway, Marathon MEDICAL EXAMINER 56639 Overseas Highway, Crawl Key JOE LONDON FIRE TRAINING ACADEMY 56633 Overseas Highway, Crawl Key MONROE COUNTY EMERGENCY OPERATIONS CENTER 7820 Overseas Highway, Marathon MONROE COUNTY SHERIFF'S OFFICE GUN RANGE 10430 Overseas Highway, Marathon MONROE COUNTY/SHERIFF'S HANGAR AT MARATHON AIRPORT 10100 Overseas Highway, Marathon EXHIBIT A Page 31 of 53 MONROE COUNTY SCOUT KEY COMMUNICATIONS TOWER 34200 Overseas Highway, Big Pine Key MONROE COUNTY GRASSY KEY COMMUNICATIONS TOWER 100 Crain Street, Marathon MONROE COUNTY LONG KEY COMMUNICATIONS TOWER 67400 Overseas Highway, Layton C. REQUIREMENTS OF CONTRACTOR (Successful Proposer) I. Perform routine HVAC maintenance to ensure the County's Air Conditioning and Heating Systems are working correctly. 11. Perform planned and unplanned service and repairs. 111. Provide HVAC installation services. IV. Maintain current business and contractor licenses to perform all IIVAC repairs and maintenance for the term of the Agreement. V. Have demonstrated years of experience in providing I IVAC service for large facilities. VT. Secure all permits and arrange for HVAC inspection, as required by Monroe County Code. VII. Perform all work in compliance with Monroe County Building Codes and Florida Law. Vlll. Only use new parts and materials that are first grade products from a licensed supplier. IX Shall obtain County approval of all parts and materials prior to installation. X. Install all pails and materials in compliance with the standards of good workmanship with prior County approval. XI. General repair of all existing I IVAC equipment. XII. Provision of necessary equipment and supplies to perform all repairs in a timely and professional manner. XIII. Detailed tickets to include but not limited to: dates, work performed, arrival and departure times, building location, unit's serial number, and a list of parts or refrigerant used and submitted on the Application for Payment Details form attached hereto as Exhibit "B" and made a part hereof. D. .SUPERVISION AND INSPECTION OF WORK Sufficient supervisory personnel shall be provided, and systematic inspection will be conducted by the Contractor to ensure that all services are property performed, as specified. To ensure that any problems which may arise will be taken care of promptly, the Contractor will maintain a twenty-four (24) hour telephone Contact seven(7)days per week for the receipt ofany complaints and/or addressing any issues. EXHIBIT A Page 32 of 53 Random inspections shall be performed by County Representatives from the Facilities Maintenance Department administering the contracts. Deficiencies shall be corrected within a twenty-four(24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice, E. HVAC AND COMPONENT REPLACEMENT In the event a HVAC System or any of its major components or pants need to be replaced or repaired due to a major component failure,system breakdown,or upgrade, the County shall have the option to request froin the Contractor only, a proposal/quote for replacement equipment or pants and all associated installation thereto. Approval of such proposals/quotes shall follow the current Monroe County Purchasing Policy. Only after receiving an amendment, if required by the County's Purchasing Policy, and/or notice to proceed from the County, shall the Contractor proceed with these additional services as noted herein, EXHIBIT A Page 33 of 53 EXHIBIT 6613" APPLICATION FOR PAYMENT DETAILS EXHIBIT B Page 34 of 53 APPLICATION FOR PAYMENT DETAILS DATE: ARRIVAL TIME: DEPARTURE TIME: .............. LOCATION&ADDRESS!_........ MAKE:..................... ............... MODEL:—----__............. SE1RJAL fl- PARTS AND MATERIALS COSTS ("S"if on Stock Paris Price List) FrEMDESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 2 3 4 REFRIGERANT COST LBS @ PER LB ::! SUB-TOTAL S PARTSNIATERIAI-S &REFRIGERANTS SUB-TOTAL EQUI]PNIENTRENTAL SUB-TOTAL %INCREASE ON ABOVE PARTS,MATERIALS&REFRIGERANTS S .............. ---------- %INCREASE ON ABOVE EQUIPMENT RENTAL FREIGHT CHARGE S TAX CHARGES $ COST FOR SERVICES SUPPLIED BY OTHERS S SUBTOTAL S LABOR COSTS Names&4 Hours Hourly Rate SUB-Total S Amount ---,Mechanic HOURS L S SUB-TOTAL S ---.........Senior IMcclianic Specialist HOURS -suB-TOTAL,S Mechanic&Helper HOURS @ SUB-TOTAL S Senior Mechanic&Helper HOURS O'I'Mcchanic.HOURS @ S SUB-TOTAL OT Senior Mechanic Specialist HOURS SUB-TOTAL S ..............OT Mechanic&Helper HOURS(q), $ _SUB-TOTAI.S O'I'Senior Mechanic.&Helper HOURS S__ SUB-TOTAL S LABOR TOTAL S TOTAL DESCRIPTION OF WORK Date Authorized Signature Title Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts/materials and Reffigerants(if not on Stock Parts Price List), freight for transportation/shipping costs,taxes, equipment rental amounts and services supplied by others. EXHIBIT B Page 35 of 53 EXHIBIT "C" DAVIS-BACON WAGE DETERMINATION STATEMENT EXHIBIT C Page 36 of 53 3/26/24,12:28 PM SAM,gov ,.General Decision Number: FL20240022 03/15/2024 Superseded General Decision Number: FL20230022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). IIf the contract is entered . Executive Order 14026 linto on or after January 30, ( generally applies to the I2022, or the contract is ( contract. (renewed or extended (e.g., an The contractor must pay [option is exercised) on or ( all covered workers at (after January 30, 2022: least $17.20 per hour (or the applicable wage rate I listed on this wage ] determination, if it is higher) for all hours spent performing on the I contract in 2024. JIf the contract was awarded onl. Executive Order 13656 for between January 1, 2015 and] generally applies to the January 29, 2022, and the I contract. Icontract is not renewed or I. The contractor must pay all[ ]extended on or after January covered workers at least I I30, 2022: I $12.90 per hour (or the I I I applicable wage rate listed) I I on this wage determination, ) I I if it is higher) for all I I I hours spent performing on I I that contract in 2024. I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 €ttt ps:/I so m.gov/wage-deterttu n etion/FL 20240022l2 EXHIBIT C Page 37 of 53 3/26m4,12:28rm oAw.gov z *3/15/2024 sLsCwa*m-aoa 09/01/2023 Rates Fringes ELECTRICIAN... . . . . . ... . . . . . .. .. . .$ 39.81 14.62 — — --------'-- —' — '—''----'------ ------ cuazw4n7-nx3 07/01/2e23 Rates pruog*o opcnxTon: Crane All Cranes 75 nuvs and below. ... . . . .. ... . . . . . .. .. ..$ 37.07 14.90 All Cranes over »ow Ton, Electric Tower, Luffing Boom Cranes. .. ... . . .. . .. .. ..S 40.40 14.*0 Cranes 130'300 Ton. . . . .. .. ..$ 39.38 zw.*o cnmes 76 ton m 129 Ton.. . .$ 37.57 14.90 _________________________________ omNO2rz-004 10/01/2023 Rates Fringes znoowoxxan' Srmocnon*L AND REINFORCING... . . . . . ... . . .. . .. .. . .$ 27.75 15.27 ___ ____________ __ _____________________________ pAzwwaos-v*o 06/01/2021 xam** Fringes PAINTER' Brush Only... . . . . . . .. ..$ 20.21 12,38 __ __________ _____________________ _ _____ * SFrLmauz-oo, 01/01/202* Rates Fringes snnzuxLsn FITTER (Fire Sprinklers).. . . . . . . . .. . . . .. . . .. . .$ 32.03 23.01 --------------------------------------------__________ sxssaoxz-moa 08/12/2023 Rates Fringes � sxssTwprAL womxsn (xvwc Duct installation). . .. . . . .. . . . . . . ... . .$ 29.10 z*.au --------------------------------- i supLzmee-mS9 Os/uz/zmwo Rates Fringes | cAnvsorsn. . .. . . .. . .. .. . . .. . . . .. . .$ Is.oV +* 5.*7 � cswswr xxsow/concwErE FINISHER. . .$ 12.45 ~+ 0.00 � peucs snscTox. . .. . . ... . . .. . . . .. . . 9.94 LAaonen: Common or General. . .. ..¢ 8.62 *+ 0.00 � Lxaonsx: vipezayer.., .. .. . .. .. ..$ 10.45 *° w.ww � npcnAron/ eacxhve/excavwtor... ..$ 1*.98 ** 0.00 � opsnArux: paver (Asphalt, � mmsxomnoowwopo-dctennmmon/FL20240022m ` 312W4,12:28 PM SAM.gov Aggregate, and Concrete). .. . . .. . .$ 9.58 0.00 OPERATOR: Pump... . . .. . . . . . . . ... .$ 11.00 0.00 PAINTER: Roller and spray... ... .$ 11.21 0.00 PLUMBER. .. . .... . . . .. .. . .. ...__$ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply.. .. . . . .. .. . . . . . . . .. . .$ 14.33 0.06 SHEET METAL WORKER, Excludes HVAC Duct Installation. . .. .. ... . .$ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . .. .. . .. . .$ 8.00 0.15 ------------------------------------------------------------ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Workers An this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12,90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party, Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract Is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with I hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who As like family to the employee) who is ill, injured, or has other, health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agenties/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1> (III)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical httpsJlsam-govtwoge-($eterri)lnailon/FL20240022r2 EXHIBIT C Page 39 Of 53 3/26/24,12:28 PM SAM.gov order of ""Identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier, enclosed in dotted lines beginning with characters other than 11.1 SU.— or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-OBS 07/01/2014. PLUM is an abbreviation identifier, of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i,e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of tire most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the '"'SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014, SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA Indicates the State of Louisiana. 2012 Is the year• of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination, 5/13/2014 indicates the survey completion date for the classifications and rates tinder that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates tinder that identifier. A UAVG rate will be updated once a year, usually In 3anuary of each year, to reflect a weighted average of the current negotiated/CMA rate of the union locals from which the rate is based. ------------------------------------ -------------------- https:l/sam.gavtwoge-determin all on/FL 20240022/2 EXHIBIT C Page 40 of 53 3126124,12:28 PM SAM.gov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR fart 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Hoard are final. END OF GENERAL DECISION" https:/Isam.gov/wage-deternlination/FL20240022/2 EXHIBIT C Page 41 of 53 EXHIBIT "D" BYRD-ANTI LOBBYING CERTIFICATION EXHIBIT D Page 42 of 53 BYRE'-ANTI LOBBYING CERTIFICATION APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts,Grants, Loans,and Cooperative Agreements Tile undersigned certifies,to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf Of the Undersigned, to any person for influencing or attempting to illftence all officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Mernber of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, tile entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any Rinds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence all officer or employee of any agency, a Member of Congress, ail officer or employee of Congress, or ail employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-1,LL, "Disclosure Form to Report Lobbying,"in accordance Willi its i listruct i oils. 3. The undersigned sliall require that the language of this certification be included in the award dOCUMCIltS for all subawards at all tiers (including subcontracts, SUbgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a inaterial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file tile required certification stall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each stick failure. The Contractor, �C i *61-Hies 01 affirms the truthfulness and accuracy ofwc 6� 'VN, each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that �Jle-Ko isions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims , I and Statr�itsl us certifcati ri and disclosure, if any. 'Z— 4Wg-1faCrjrc'of Co'n_T AtARized Official ION" Na'nic-and Title of Contractor's Authorized Offichif Date EXHIBIT D Page 43 of 53 DISCLOSURE OF L013BYING ACTIVITEES COMPLETE THIS FORM TO DISCLOSE LOBBY DIG ACTnqTIES TLWVANTT0 31 U.S.C.3352 1. Type of Federal Attion: 2. Status of Federal Action: 3. Report Type, a.contract Fla.bidleffPulapplication Fla-initial b. grant b. initial awmd b, material change c. cooperzfiw agreement c. post-award d. load For Material Change Only: e. Ion guaraniee year quartu L loan insurance date of A report 4. Name and Address of Rqwrting Entity 5. If Reporting Entity in No,4 its Subawardee, Enter Name and Addres4f Prime.- ElPrime ElSur bmardee Tier if knovin Congressional District,if knovrn Congresses District,if known 6. Federal DeparlmenUAgency: 7. Federal ogramNama(Description: I CWA Number,if applicable g. Federal Action Number,if knovin: 9. curd Amount,if known: 10. a. Name and Address of Lobby Entity b. InUiduals.Performing Services (including (If indiviftal,last mane,first name,Mp address If diffirent from No.I On) (last name,first name,MI) (attach Cont' nation Sheet(s)if necessm) U- Amount of Payment(check all that app 13,. Type of Payment(check all that apply) E]actual d F-1 a. retainer El b. one-time fee 12. Form of Payment(check all that ly): c. commission F-1 a- cash d. contingent fee b, in-kind; specify: m e defend alue f other,specify 14. BrielDescription of Seni s Performed or to be performed and Date(s)of Service,including offiver(s),employl member(s)contacted,for Payment Indicated in Item 11: (attach Gontinuatioc Sheet(s)if oece ssaxy) M CQUffffnU2fiDn ef(s)attached: Yes El No El 16. 1nfN=xtic=mrvtqw% ftvAA this faun is va6orizw by .tl TWO 31 US.C. 1352. This di-clowro Of labb)ina -signature: rslit=Q was P d by ddso fax whou his twstutinu waim3docian di mim. This disclasun it rcqdnd SC 1 Print Nam. punuautto3l �S,CA352, and wiM bo autilahk fox pubbrittrpoction. Title: slo.cm and nm Men am SIN.000 1W 0302 surl W1WQ. Telephone No,: Date: authorized for Local Reprodmfion 1 Federil Use Only: Standmd.Form-LLL 2-6c PART ZfCOLJNTY EXHIBIT D Page 44 of 53 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. Tile filing of a form is required for such payment or agreement to slake payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on tile form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify tine type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify tine appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the frill name,address,city,state and zip code of the reporting entity. include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of tile subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. Ifthe organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state, and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard, 7. Enter the Federal program name or description for tile covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and load commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g., Request for Proposal(RFP)number,invitation for Bid(1FB)number,grunt announcement number,the contract grant.or loan award number,the applicatioa/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the frill name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in itenn 4 to influence tile covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11, Enter the announf of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cuinnulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the iinture and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply, If other,specify nature. 14. Provide a specific and detailed description of the services that tine lobbyist has performed or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officers)or eiiiployee(s)contacted or the officer(s) employce(s)or Meniber(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the forni,print his/lier nanne title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction,Searching existing data sources,gathering,and maintaining the data needed,land completing and reviewing tine collection of information. Send cominents regarding the burden estimate or any other aspect of this collection of in formation, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev,06-04-9WENDIFir2- 6d PART 21COUNTY EXHIBIT D Page 45 of 53 EXHIBIT "E" MINORITY OWNED BUSINESS DECLARATION EXHIBIT B Page 46 of 53 f1-1- P) Minority Owned Business Declaration �w J . 'a4 a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project ple k one) is a minority business enterprise,as defined in Section 288,703,Florida Statutcs or is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(5ee below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily hivolve the practice of profession.Ownership by a minority person does not include ownership which is the result of transfer from a nonminority person to a minority person within a related immediate family group if tl➢e combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term "related immediate family group"means one or more children under IG years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprictorshipas,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S.288.70�3 for more information. ° Contractor . Signiiriffe—," Print me .. ��=" Title:Z' � ��. _ ..__._._..._�.._ Address " q," fn , 3:0 City/State/Lip tklkrAQJAA�� ,.•w. . For Monroe County Verification: `title/OMB Department: Verified via: https://osd.dms.myflorida.com/directories EXHIBIT E Page 47 of53 ATTACHMENT "A" STOCK PARTS PRICE LIST ATTACHMENT"A" Page 48 of 53 Stack Parts Prlce List-Middle Keys HVAC-Master Mechanical-Bid Award Agreement ;Ra!t�L�mbet' � .- a pall L3�YT;ii,�tibn ' f:; 1'Intk Pir�cm Lk�rt City Y,f3TAL ARM7834 y K-FLEX 7/67314"INSUL-TUBE 6(21 PER BOX) $9.40 1 $9.40 a0E34 PVC 90•ELBOW 3/4"SXS406.007 $100 1 $2.00 102T34 _ PVC TEE 3/4"SXSXS401.007 $2,00 1 $2.00 102P34 PIPE SCIIED403/4(SOLDBYTHE FOOT) $2,00 20 $40.00 T403/4X60E 3/4"X60"ELECTRIC $4.50 1 $4.50 W02623008 BLUE WINGED WIRE CONNECTOR SIZE89,#f14-N6AWG,600V $27.50 1 $27,50 MAX(WPACK) C07430102J ......NU-CALGONRX-ACID SCAVENGER 207.ACIDNEUTRALIZER(6 $43.10 ._ 1 $43.1.0 PERBOX) HISSILVALOYS 5%STAY SILV 050X1/8X2011f(28 STICKS PER LB) $65,80_._... 1 $65,80 P3020201 _ 20X20XiDISPOSABLEFILTER $7.20 1 $7.20 PROT701 PRO01T701THERMOSTATINAC NON PROGRAMABLE(10PER $63,00 1 $63.00 BOX 40 PER MASTER CASEI PROT715 PROM T715 THERMOSTAT2H/2C NON PROGRAMABLE 110 PER $12.00 1 $72.00 BOX 40 PER MASTER CASE) RECKSl KfCKSTART 305.5 TONS,2 WIRE POTENTIAL RELAY&START $64.00 i $64.00 CAPACITOR W02NUN221 SEQUENCER.3 MAIN STAGED CIRCUS,DPST,NOSPST-NO,DELAY _ $53.00 1 $53A0 ON 1-25 SEC,DELAY OFF50.110 SEC. T14PSHP550350 0.550PSVC-350HIGH PRES SWITCH R410A $18,00 1 $19.00 T14PSW6090 _... 0-60PSI/C-90I.OW PRES SWITCH R410A $18.00 1 $18.00 ...� _.. _..... _.. L14N60 NITROGEN EXCH 58 CF $35,70 1 $35.70 C07429108 NEW BRITE CONDERSER COIL CLEANER,BLUE,(1 GAL,4P/BX) $46.20 1 $46.20 P3020251 20X24XI DISPOSABLE FILTER $6,25 1 $6,25 P3016201 16X20X1 DISPOSABLE FILTER $6.10 1 $6,10 P3010101 i0Xi0X1 DISPOSABLE FILTER $5,50 1 $5.50 RECS52P SAFE-T-SWITCH S52P PLENUM RATEDCONDENSATE DRAIN $33.20 1 $33.20 OVERFLOW SWITCH ATTACHMENT"A" Page 49 of 53 ADDITIONAL COUNTY FORMS ADDITIONAL COUNTY FORMS Page 50 of53 COUNTY FORMS AFFIDAVIT PROJECT: Middle Keys HVAC Maintenance and Service, Multiple Locations CONTRACTOR/CONSULTANT: It xJr?"- A w IVA By signing this Affidavit, CONTRACTOR/CONSULTANT has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Clause, Drug- Free Workplace Statement,Vendor Certification Regarding Scrutinized Companies List,and Non- Collusion Affidavit as set forth below. Public Entity Crime Statement The CONTRACTOIVCONSULTANT certifies and agrees that CONTRACTOR/CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287,134, Florida Statutes, all entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime rnay not submit a bid, proposal, or reply oil contracts to provide any goods or services to a public entity, may not submit a bid, proposal, or reply oil a contract with a public entity for the construction or repair of public building or public work, may not submit bids, proposals, or replies oil leases of real property to a public entity, may not be awarded or pel-form, work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not, transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this Affidavit,CONTRACTOR/CONSULTANT represents that the execution of this Affidavit will not violate the Public Entity Crirn,cs Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of the Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTORICONSULTANT further represents that there has been no determination,based on an 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 not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR/CONsut,TANT has been placed on the Convicted vendor list. Page 26 of 85 CONTRACTORICONSULTANT will promptly notify the COUNTY if it or any 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 CONI'RACTOR/CONSULI'AN'I' warratits that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or ally County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or 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 amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Drug-Free Workplace CONTRACTOR/CONSULTANT in accordance with Florida Statute, Sec. 287,087, hereby certifies that CONTRACTOR/CONSULTANTshall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. 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. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, of plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT complies fully with the above requirements. Vendor Certification Regardina Scrutinized Companies Lists CONTRACTOR/CONSULTANT agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal fbr, or entering into or renewing a contract for goods or services of any amount if, at the time of Page 27 of 85 contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company 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 Companies with Activities in Sudan I.Ast or the Scrutinized Companies with Activities in the Iran Petroleum Energy 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 "CONTRA CTOR/CON S ULTANT" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed oil either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the It-an 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: http://www.dms.myflorida.com/business operations/state pure hasi n vendor information/convi cted suspended discriminatoLy complaints vendor lists Non-Collusion Affidavit CONTRACTOR/CONSULTANT 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 CONTRACTOR/CONSULTANT,the bidder making the Proposal for the project described in the Scope of Work, and that 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 agreement for 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 PERJl,JRY, I DECLARE THAT I HAVE READ THE FOREGOING AFFIDAVIT OF COMPLIANCE AND THAT THE FACTS STATED IN IT ARE TRUE. .......... CA (Signature of Authorized Representative (Date) of Contractor/Consultant) Print Name: STATE OF LZ COUNTY OF Tlie foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [% �iysicaj pres A' or notarization this day of —1AJ 20 STEPHANIE PINERO Commission U fill 078505 Expires February 5,2025 gr are ofNotary Public-State of Florida N'ame of Notary My commission expires: Personally Known OR Produced Identification ype of Identification Produced Page 29 of 85 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Cont -actor- Covered Transactions (1) The prospective contractor of the Recipicnt,tqm�w' certifies, by subinissiort of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this tumsactioti by any Federal department or agency, (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: —%N0-VS1%CLI-� By: 'C J11A trrrc Recipient's Name Name and Title Division Contract Number ......... ........ Street Address FFMA Protect Number Ov .-; -B cs� Nkk City, State, Zip .. ............ Date Page 30 of 85 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES 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 pre-staging of personnel and material),the Contractor 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. The 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 commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this 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 the Contractor's failure to provide satisfactory evidence. The Contractor shall 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 failure 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 self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance, or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract, All insurance policies must specify that they are not subject to cancellation,non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Page 31 of 85 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials, 1100 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 Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Page 32 of 85 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: MIDDLE KEYS HVAC MAINTENANCE AND SERVICE-MULTIPLE LOCATIONS BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain General Liability Insurance, Coverage will be maintained throughout the litc of the contract and include, as a minimum: • Premises Operations Products and Completed Operations Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is: $1,000,000 Combined Single Limit An Occurrence 17orm policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Conunissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 33 of 85 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR MIDDLE KEYS HVAC MAINTENANCE AND SERVICE,-MULTIPLE LOCATIONS BETWEEN MONROE COUNTY,FLORIDA AND rjL MACY Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned,Non-Owned, and Hired Vehicles The ininitnurn limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Pei-son $300,000 per Occurrence $200,000 Property Darnage The Monroe County Board of County Coin in issioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Page 34 of 85 WORKERS' COMPE NSATION INSURANCE REQUIREMENTS FOR MIDDLE KEYS HVAC MAINTENANCE AND SERVICE—MULTIPLE LOCATIONS BETWEEN MONROE COUNTY,FLORIDA AND LzLtewn i.c ,f ,ii",VIZ I CaA., -Zls.4 11rior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes, In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $S00,000 Bodily InJury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund,a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Pap 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 employee General Liability, including $1,000,000 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 Occurrence $200,000 Property Damage Builder's Risk Not Required Performance Bond Not Required MONROE COUNTY, 1100 SIMONTON STREET, KEY REST, FL 33040, SHALL BE NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION INDEMMFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against(i)any claims,actions,or causes of action,(ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and (iii)any costs or expenses (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, (13) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or ornission of Contractor or any of its employees, agents, sub-contractors or other invitees,or(C)Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation,proceedings, costs, or expenses relate to events Page 36 of 85 or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Conti-actor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attomey'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 indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal., Azs4cr- PROPOSER 01 Signature Page 37 of 85 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability Each occurrence&Emp►ayee-$1,000 EPLI-$2,500 Commercial Auto Liability policies are X_Occurrence Claims etude L RSC Insurance Brokerage, Inc. Insurance Agency Signature Page 38 of 85 FOREIGN ENTITIES AFFIDAVIT F.S. 28,7.138 1, ')Ao4ib of the city of C14� according to la%v on my oath,and under penalty of perjury,depose and say Illat: a. I ani tf Oct-- of the firm of WL k(&k"*%coA {"Entity"), the bidder making the Proposal for the project described in tile Request for Proposals for lAtAf 6 4- tzo W— 4 and that I executed the said proposal with fill] authority to do so; b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes.(Source: § 287,138(2)(a),Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity.(Source: §287.138(2)(b),Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692,201,Florida Statutes,(Source: §288.007(2),Florida Statutes); C. Entity is not a partnership, association, corporation, organization, or other combination of persons organized Under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); E Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes, (Source:: § 692.202(5)(a)(I),Florida Statutes); 91 Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. b. (Only applicable if purchasing real property,) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either(a) not a person or entity described in Section 692.204(l)(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.(Source: §§692.203(6)(a),692.204(6)(a),Florida Statutes) i. 'File statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements co Ted in this affidavit in awarding contracts for said project. Date: t� STATE OF: 0A 0" COUNTY OF: ck-A,kA Subsciled at (I sworn to(01-affirmed)before me,by meansi El physica presence or 0 online notarization,oil -ZA "LA -�,--J- 4 (d.4t, 1 , k ................ (name of Iffiant). ),p fly-ka n4b the or has produced (ty c oridentification)as identification. ,?NOTARY PUBLIC /I v Conlillissi ,11 y Commission Expires: TEPHANIE PIN,ERO Con-imission#1-111078505 Expires February 6,2025 ryT6.cat v.() Bonded Three 8,vd�et Notary seryices ADDITIONAL COUNTY FORMS Page 51 of 53 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT F.S. 908.111 O�7' of the City of ffiA.A according to law on my oath, and under penalty of perjury, depose and say that: If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. (Signature) Printed Nan e Date: (s) STATE OF: COUNTY OF: Subscribed and SW01.11 to r affirmed) before me, by means of 1p al pre c or 0 online y notarization, on (date) b"""" (name of affiant). H li is pe 6`61 ly kn, Am, me or has produced (type of identification) as identification. �PJAY PUBLIC STEPHANIE PINERO My Commission Expires: Commission#HH 078505 Expires February 5,2025 ry BONA Thru BudjelNolwysfm,es ADDITIONAL COUNTY FORMS Page 52 of 53 AFFIDAVIT ATTESTING TO NONCO RCI'VE CONDUCT FOR LABOR OR SER ICES Entity/Vendor Name: M Vendor FEIN: C>, n " I „.,L rs- 5 Vendors Authorized Representative. (Name and Title) Address: ., City: i Ma State: Zip: Phone Number: , s - Email Address.- ," fftA _ As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. 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 her 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 reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, 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 substance as outlined in Schedule I 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 that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to e by same. Certified By: , who is authorized to sign on be' al ~cif t1r,-at e referen74 company. Authorized Si .. tuw_... Print N of Title: " ADDITIONAL COUNTY FORMS Page 53 of 53 Customer References Monroe County District School Board 241 Trumbo Road Key West, FL 33040 ATTN: Jeff Barrow 305/853-1930 City of Miami Beach Property Management 1833 Bay Rd Miami Beach, FL 33139 ATTN: Olga Sanchez 305/673-7000x22567 City of Coconut Creek 4900 W CopansRd Coconut Creek, FL 33063 ATTN: 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 Z 0 E ai W p W U w C /a.�ry 04 U. ■ 4r 4 t�+Iyr 4/ } LL -+ I � LL ( ■IIIIIf .' 7 �^p A 1 ( % J�tB S. riot y C j n ''IN ! N 1 {S,9 �..�' 0 ! S f d 9 df< d C W . t ( E' t„ ► !F �� ►' C"I+IMLLJ t `{' t0 F viA"I.n —�t{ +J 13) l�h� { �d 0CU � /1�� �,.'•u. .4 '` 0 _ v W w O a U w o o CLI r_ w p Yr 9q 1 YI lr� 2023 / 2024 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2024 RECEIPT# 30140-93813 Business Name: MASTER MECHANICAL SERVICES INC Owner Name: JOANN PINNA PRE% WILLIAM FLOWERS Business Location' MO CTYKEY WEST, FL 33040 Mailing Address: QUALIFIER 15181 NW 33 PL Business Phone* 305-825-3004 MIAMI, FL 33054 Business Type: CONTRACTOR(HVAC; GENERAL) Employees 15 STATE LICENSE: CMC057200, CGC1506699 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collectlon Cost I Total Paid ........ ....... � 35.00 0.00l 35.00 0.0 0 0.00 35.00 Paid 000-22-00054808 07/13/2023 35 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1.129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2024 Business Narne: MASTER MECHANICAL SERVICES INC RECEIPT# 30140-93813 MO CTY Business Location: KEY WEST, FL 33040 Owner Name: JOANN PINNA PRES, WILLIAM FLOWERS Mailing Address:QUALIFIER Business Phone: 305-825-3004 15181 NW 33 PL Business Type: CONTRACTOR(HVAC; GENERAL) MIAMI, FL 33054 Employees is STATE LICENSE: CMC057200; CGC1506699 Tax Amount Transfer Fee Sub-Total Penalty I Prior Years lColloction Cost Total Paid 35.001 0.00 35.00 0.00 0.00 000,1 35.00 Paid 000-22-00054808 07/13/2023 35 . 00 Local Business Tax Receipt Miami—Dade County, State of Florida -THIS IS NOT A HILL-DO NOT PAY 4549821 RECEIPT NO. �ILBT RENEWAL BUSINESS NAMEILOCATION 4749843 EXPIRES MASTER MECHANICAL SEPTEMBER 30, 2024 SERVICES INC 1V1u81b d11,1a,o1 at place,,fbusiness 15181 NW 33RD PL Pursuant to County Code MIAMI GARDENS, FL Chapter RA-Art 9&10 33054-2400 CI OWNER SEC,TYPE OF BUSINESS PAYMENT RECEIVED MASTER MECHANICAL SERVICES 196 GENERAL MECHANICAL BY TAX COLLECTOR INC CONTRACTOR Wil I MASS Ft nWFR.R nt JAI IFIFR 45.00 07/06J2023 Worker(s) 4 CMC057200 INT-23-391491 This Local business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO.above must be displayed on all commercial vehicles-Miami-Dade Cade Sec 8a-276. M I A H I I MONDE For more information,visit mmw-mistaidubspayL axc4 -r Jo r I kn 'a CYO ui ai 06 ru %A LU 4) U 06 uj W LA co en t9 i ro to Ln ,E 704 0 C6 m 0 wrr cl —E i P;✓ >- b LL O -+S g 0 - `a LLI da U u (Y Ltj coo /�� w LIJ # v im cc vs ry all Ef "T Lsl CO U LA 0 CQ N bl) in 40. cl 0 7:3 t. C) ry CA 92 FBILn to m 16 p CIA c, T". Ln Ir 0 U V, ........... s;A 3 �� •� 0 C a _j z pps. W � w .0 o nouu > aZ W C„ cx,W4 U" r. V : hum - 9 OGN v € a � a U,1�4-1;- is Z (^ «�j c'a C� tea kt J M ry E6 C�S3 U •h „'�+ p Y { w � u V1 V) a<14 N m eq GO 74 e S � hl o .r�i t„yM WCID .a ( 0 h]o r j h3 ���...' S-1 f '�.�r CD m N eye V)V� U5 DATE(MM/DD/YYYY) A`COR" CERTIFICATE OF LIABILITY INSURANCE 03/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 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 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: FCCI Insurance Co 10178 Master Mechanical Services Inc INSURER C: National Union Fire Insurance Co of Pittsburgh PA 19445 15181 NW 33rd Place INSURER D: Federal Insurance Co 20281 INSURER E: Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2432937382 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y GL100041840-06 03/31/2024 03/31/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_1 JP a ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y CA100083839-01 03/31/2024 03/31/2025 BOD I LY I NJ U RY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 4,000,000 C [XXCESS LIAB CLAIMS-MADE EBU014669844 03/31/2024 03/31/2025 AGGREGATE $ 4,000,000 DE RETENTION $ $ WORKERS COMPENSATION X PER STATUTE ER H AND EMPLOYERS'LIABILITY Y/N 1,000,00(J ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A WC0100067854-04 03/31/2024 03/31/2025 (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 D 0664-21-83-EUC 03/31/2024 03/31/2025 Rented/Leased Equip. $250,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract:Middle 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD C3 �� BOARD OF COUNTY COMMISSIONERS COUNTY of MOI.ROE �' �t Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tem Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting June 18, 2025 Agenda Item Number: C3 2023-4003 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis n/a AGENDA ITEM WORDING: Approval of a First 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. ITEM BACKGROUND: On July 17,2024, the BOCC approved a Bid Award Agreement for Master Mechanical Services, Inc. for Middle 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. Total Value of Contract is $158,000. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024 The BOCC approved a Bid Award Agreement with Master Mechanical Services, Inc. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: First Amendment with Master Mechanical Services, Inc. to increase the contract by a CPI-U of 2.9% and update certain County, State, or Federal required contract provisions STAFF RECOMMENDATION: Approval DOCUMENTATION: 1 st Amendment Middle Keys HVAC MIDDLE Contract- Master Mechanical 2025 05 Upper Master Mechanical Service exp 3.31.26 signed.pdf 1 FINANCIAL IMPACT: Effective Date: 8/1/2024 Expiration Date: July 31,2026 Total Dollar Value of Contract: $316,000 Total Cost to County: $316,000 Current Year Portion: $158,000 Budgeted: Yes Source of Funds: Ad Valarem- 20501,20505,20503 CPI: 2.9%, Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts : N/A Revenue Producing: NA If yes, amount:NA Grant: No County Match: No Insurance Required: Yes Additional Details: 2 From: Gomez Krvstal To: MGT;Agenda Distribution Group;County Attorney;County Commissioners and Aides Subject: Item C19 BOCC 07/15/2026 REVISED BACKUP Date: Monday,July 13,2026 9:10:18 AM Attachments: AIS 26 32345.pdf 26-32345 2nd Amendment HVAC Maintenance Repair Middle Kevs Master Mechanical Services Incorporated (7.15.26)signed by MM rev 7.13.26.pdf Good morning, Please be advised that the backup for the C19 agenda item has been revised. "Approval of a Second Amendment to the Agreement with Master Mechanical Services, Inc. for Middle Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI-Uof2.7%, change the future increase method to a flat 3%, set the FY27 not-to-exceed amount to $166,972.00 with FY26 remaining at$158,000, 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. " T-h2n2 r�ot,�, f-,/-Tstgt cowt.ez 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 lwa 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. 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}} 26-32345 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 Middle 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 $166,972.00 with FY26 remaining at$158,000, 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 Middle 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 $158,000. A First Amendment was approved on July 18, 2025. This Second Amendment seeks approval to increase the contract amount, change the CPI-U increase to a flat fee, extend the term for 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 July 18, 2025 —The BOCC approved an increase to the contract amount by the CPI-U of 2.9% and updated 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 $166,972.00 with FY26 remaining at$158,000.00, 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 Amendment FINANCIAL IMPACT: Effective Date: 08/01/2026 Expiration Date: 07/31/2027 Total Dollar Value of Contract: $166,972.00 Total Cost to County: $166,972.00 Current Year Portion: $166,972.00 Budgeted: 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 MIDDLE KEYS HVAC MAINTENANCE AND SERVICE-- MULTIPLE LOCATIONS, MONROE COUNTY,FLORIDA This Second Amendment to the Agreement for Middle 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 For 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 Sixty- Six Thousand Nine Hundred Seventy-Two and 00/100 ($166,972.00) 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 31st of the previous year. The CPI-U on December 31, 2025, was two and seven-tenths percent (2.71/0), 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: $79.26 per hour, mechanic $79.26 per hour, senior mechanical specialist $147.95 per hour, mechanic plus helper $147.95 per hour, senior mechanical specialist plus helper 2 Overtime rate for hours other than the normal working hours as stated above, including holidays: $100.40 per hour, mechanic $100,40 pet-hour, senior mechanical specialist $174,37 per hour, mechanic plus helper $174,37 per hour,senior mechanical specialist plus helper There shall be too ad(fitlonal charges to the County,for travel, mileage, meals, or loelgh1g. The Contractor shall submit itemized invoices lit writhig. Fior invoichig pialoses, the hours shall be calculated in flfteen (15) minute increments. 3. In preparation for the FY27 fiscal year, file County desires to increase Total Compensation to the Contractor on an annual basis under this Agreement to ONE HUNDRED SIXTY-SIX THOUSAND, NINE HUNDRED SEVENTY-TWO AND 00/100($166,972.00)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 SIXTY-SIX THOUSAND, NINE HUNDRED SEVENTY-TWO AND 00/100 ($166,972) 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 set-vices as set forth in Paragraph 2 of original agreement and Exhibit "A"attached tliereto, 4. Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR) of the Original Agreement, calculates the increase amount to tile 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%), w1iieliever is less, and shall be based upon the CPI-U computation or three percent (%,) w1fleliever 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-tJ)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 K (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 (31/o) 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 up to four(4) 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 perinit 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 Comity 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 procceding. 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 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 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 dcemed 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 FEMAIFederal 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 pant with Federal assistance provided by FEMAIFederal agency. The Contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMAIFederal Agency and the appropriate EPA 6 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,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.rel2air 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 frorn 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 fill 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 III, 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 tune 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 Le)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 tinder 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)(l 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 SubpararaplS_(a)L4) 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 Subparagraph (a)(1)(iii of 29 C.F.R. Section 5.5) and the Davis-Bacon poster(WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b)Frequently recurring elassifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR Part 1, a wage determination may contain, pursuant to § 1.3 , wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to Subparagraph (a)(1)(iii) of 29 C.F.R. Section 5.5, provided that: (A) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (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)(31 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 DB3Acon ormance dal. ov. 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 DBAconr or»mnce dol. ov 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 Sub ara ra hs a 1 iii C and(D)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 of- (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 erpr•essed 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. (c) Unfunded plajrs. If the contractor does not mare 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 oil any underpayment of wages. (2) With holdling (a) Withholcling requirements. Tile 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 fiends 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 (b)(3)(i) of 29 C.F.R. Section 5.5, or both, over claims to those funds by: (1) A contractor's surety(ies), including, without limitation, performance bond sureties and payment bond sureties; (2)A contracting agency for its reprocurement costs; (3)A trustee(s)(either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4)A contractor's assignee(s); (5)A contractor's successor(s); or (b) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3)Recorrls 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) Adrlitionnal recorils relating to fringe benefnts. 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 recor•rls relating to apprenticeship. Contractors with apprentices working under approved progrars 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 rind nnethod 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 hit s://ii,ivii,.dol. oe,/sites/dol Qi tleslfVHD/le ac yllesllt,h347/. d 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 Subparag_aph 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 dining the payroll period has been paid the frill 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 classifications)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 (�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 clocumeniv. 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 oil the prime contract is completed. (d)Required disclosures and access— (1) Required record disclosures and access to rnorkers. 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 § 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)Snrrctiosis for non-compliance with 1•ecords and worker access requh-ements. 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 G 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 (`I)Apprentices and equal employment opportunity— (A)Apprentices— (1)Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2)Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (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 ivage 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 pant 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 {agl) 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: 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 witli Danis-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 contenting 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. Stich disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 5, 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) Certifrcation 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. 313 44(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. 3144Ub)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 I 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 I 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 fart 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) Overthne 1-equirements. 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 lie 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; liabilft},.for unjwid tit,crges; 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) Prioriol to withheld funds. The Department has priority to fiends 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 ally 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-retatiatlon, It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (2) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (4) Informing any other person about their rights under CWHSSA or this part. Further Compliance with the Contract Work Hours and Safety Standards Act. A) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. B) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by 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)Inemporation 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 fill text. D) Inemparation 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 0.1 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 ill 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 rccipient 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 FFMA 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 ail 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 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 OFMONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor MONROE COUNTY ATTORNEY'S IOFr-(r-E ED^S TO 0 M Date: PAXP1101A EAMES ASSISTAw,fly AT DATE; 1�r TORNEY Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. Signature of person authorized to Signature legally bind CONTRACTOR Date: Date Print Name Print Nance and Title . Address: ............... ......................... Telephone Number Cal 24 vsw W�&w"�A .5(n'g —F2.S'3 oc'),kA Date Print Name 26 REVISED EXHIBIT "C" DAVIS-BACON WAGE DETERMINATION STATEMENT 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 ELEC0349-003 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 ---------------------------------------------------------------- SFFL0S21-001 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 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 3.33 https://sam.govMage-determination/FL20260022/1 114 716126, 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 1.3658 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:llsam,govlwage-determinationlFL202600221i 214 716/26, 10:26 AM 5AM.gov A four-letter identifier beginning with characters other than QSUQ, gUAVGQ, OSAO, or OSCO 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 QSU© 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. 41>SUQ 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 QSA® 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.govAyage-delermination[FL2026002211 314 716/26,10:26 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 QSAo 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 ht(ps:itsam.gov/wage-determination/FL20260022/1 414