KEYS BID 16-26 SPECIFICATIONS FOR AERIAL DAMAGE ASSESSMENT DURING EMERGENCY

SITUATIONS

CALL FOR BIDS

THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, operator of Keys Energy Services (KEYS), hereby gives notice to prospective bidders that sealed proposals will be received by KEYS electronically until 10:00 a.m. on Friday, November 20, 2026 for:

KEYS BID 16-26

SPECIFICATIONS FOR AERIAL DAMAGE ASSESSMENT DURING EMERGENCY SITUATIONS

KEYS has instituted VendorLink and DemandStar systems to provide current information to potential bidders. These systems will allow you to receive bid information quickly and at your convenience 24 hours a day, 7 days a week. Specifications may be obtained from their websites at www.myvendorlink.com or www.DemandStar.com. Registered vendors will be notified automatically of all Requests for Proposals. You may also visit www.KeysEnergy.com for links and download information for all KEYS bid specifications.

It shall be the sole responsibility of each bidder to have their bid electronically delivered on or before the time for opening proposals last announced to bidders. Emailed proposals will not be accepted. Should a vendor not be able to submit via VendorLink or DemandStar, paper submittals will be accepted. Paper submittals must be received prior to the opening date and time in order to be considered. Paper submittals, if applicable, are to be delivered via FedEx, UPS, or in-person to:

Keys Energy Services Bid Opening Committee – KEYS Bid 16-26 6900 Front Street Extended Key West, FL 33040 Note: This address does not receive US Postal Service.

Any proposal received after the time last announced for opening proposals may be retained by KEYS or returned to the bidder, but such proposal may be rejected as not responsive.

Vendors with questions pertaining to this bid specification must submit them in writing via email to purchasing@keysenergy.com no later than Friday, November 6, 2026 at noon. Any questions received after noon on November 6, 2026 will not be addressed.

Each proposal should constitute an offer to KEYS, as outlined therein, and should be irrevocable after the time announced for the opening thereof.

At a meeting of the BID OPENING COMMITTEE to be held virtually on Friday, November 20, 2026 at 10:00 a.m. Proposals will be opened and vendor names will be publicly read aloud.

KEYS reserves the right to reject any or all proposals, to waive irregularities and informalities in any or all proposals, and to separately accept or reject any item, items, bid schedule or bid schedules of the proposal which KEYS deems to be in the best interest of the Utility Board.

Tyler Randolph, Purchasing Supervisor http://www.myvendorlink.com/ http://www.demandstar.com/taf/agencycp.taf?_function=list&A=335 http://www.keysenergy.com/ mailto:purchasing@keysenergy.com

KEYS BID 16-26 SPECIFICATIONS FOR AERIAL DAMAGE ASSESSMENT DURING

EMERGENCY SITUATIONS

GENERAL

Keys Energy Services (KEYS) is a municipal electric utility supplying power to residents of the lower Florida Keys. KEYS is located in the extreme southern tip of peninsular Florida, situated in Monroe County, Florida, primarily what is considered the “Lower Keys”, which extends eastwardly from Key West to the west end of the Seven-Mile Bridge. Corporate Offices are located at 1001 James Street, Key West, Florida and the Transmission and Distribution (T&D) Facility is located on Stock Island at 6900 Front Street Extended, Key West, Florida 33040.

KEYS continually plans and prepares to deal with emergencies, such as hurricanes and other unusual events that can impact its electric systems. When electric systems experience damage from these events, utilities call on other utilities and private entities across the state and the country to assist with utility restoration efforts.

In order to have a plan in place for these emergency situations, KEYS is seeking proposals for aerial damage assessments. The purpose of this agreement is to have a pre-negotiated price and terms in place so that assistance can be provided upon request.

KEYS intends to establish contracts with multiple qualified contractors to provide sufficient emergency-response capacity and availability following an emergency event. Award of a contract does not guarantee any minimum amount of work, flight hours, mobilizations, revenue, or exclusivity.

Individual task orders may be issued for each emergency situation that arises during the contract period. KEYS may issue task orders to one or more awarded contractors based on availability, response capability, mobilization time, operational requirements, safety considerations, aircraft suitability, pricing, location, past performance, and the circumstances of the emergency. KEYS reserves the right to activate additional contracted resources when it determines that doing so is in its best interest. Services shall be performed only when requested or authorized by KEYS. Each task order shall establish a not-to-exceed amount. The Contractor shall monitor all authorized charges and notify KEYS when expenditures reach 75% of the authorized not-to-exceed amount.

Not-to-exceed amounts will be based on severity of the situation. The Contractor shall not perform work or incur charges exceeding the authorized amount without prior written approval from an authorized KEYS representative. KEYS shall not be responsible for unauthorized charges exceeding the task order limitation.

KEYS and its representatives have exercised due care in preparing this Request for Proposals (RFP). All information contained herein is believed to be substantially correct. However, bidders should verify information independently if desired. KEYS and its representatives do not warrant the accuracy of information contained herein.

SPECIFICATIONS

KEYS requests proposals from qualified helicopter contractors to provide emergency-response aerial damage assessment of KEYS’ electrical system following hurricanes, tropical storms, severe weather events, or other emergency conditions. Services may include aerial inspection of transmission and distribution facilities, substations, associated electrical components, structures, and surrounding rights-of-way throughout KEYS’ service territory.

The purpose of the aerial assessment is to assist KEYS in quickly identifying, locating, documenting, and prioritizing system damage, hazardous conditions, access restrictions, and aeras requiring restoration or further inspection.

The base services under this solicitation are aerial assessment and related documentation. KEYS may also request physical repairs from the helicopter contractor as an optional service when needed. Any repair work must be separately authorized in writing by KEYS under an applicable task order.

KEYS personnel will not be required to accompany the Contractor aboard the aircraft to perform the aerial damage assessment. The Contractor shall provide all flight and inspection personnel necessary to perform the authorized services.

This proposal shall be for the following items:

• Helicopter

• Flight crew

• Fuel, if applicable, to be included in hourly equipment rate

• Service territory photos

• Optional repair and replacement work for static wire, insulators, conductors.

The Contractor shall be capable of responding within twenty-four (24) hours of issuance of a task order, unless otherwise directed by KEYS.

The Contractor shall promptly advise KEYS of aircraft availability, estimated mobilization time, crew status, operating limitations, and any conditions that may affect performance.

The location, duration, flight path, facilities to be assessed, reporting deadlines, and other mission-specific requirements may be established in the applicable task order or during the pre-flight briefing.

CONTRACTOR RESPONSIBILITIES

The Contractor shall furnish all qualified personnel, aircraft, fuel, equipment, navigation and communications systems, safety equipment, ground support, permits, certifications, and other resources necessary to safely and lawfully complete each authorized aerial damage-assessment mission, unless the applicable task order expressly identifies an item to be provided by KEYS.

• Coordinate all mobilization, staging, fueling, flight planning, airspace, and ground-support activities necessary for the mission.

• Participate in pre-flight and post-flight briefings with KEYS and communicate changes affecting the mission.

• The Contractor shall monitor weather, notices to air missions, airspace restrictions, airport conditions, and other operational hazards.

• Crew-duty and rest limitations shall be observed. The Contractor shall disclose any limitation affecting continuous or extended emergency operations.

• The Contractor shall coordinate with KEYS regarding energized facilities, restoration crews, restricted areas, staging locations, and other hazards.

• Operate in accordance with applicable Federal Aviation Administration (FAA), Federal, State, and local requirements and recognized aviation-safety practices.

• Comply with lawful instructions issued by authorized KEYS representatives, provided that the pilot in command retains final authority for the safe operation of the aircraft.

• Protect KEYS information, photographs, video, system-location information, and other mission data from unauthorized access, disclosure, or use.

• Immediately report accidents, incidents, regulatory actions, mechanical issues, or other conditions that may affect safe or timely performance.

• No KEYS direction shall require the Contractor or pilot in command to violate law, regulation, aircraft limitations, or safe operating practices.

MINIMUM PERSONNEL QUALIFICATIONS

Pilot in Command

• Hold all current FAA certificates, ratings, medical certificates, and endorsements required for the aircraft and intended operation.

• Have at least 1,500 hours of documented turbine-helicopter flight experience.

• Have demonstrated experience conducting utility, power-line, infrastructure, patrol, inspection, or comparable low-level aerial observation operations.

• Be current and qualified in the aircraft proposed for the work and familiar with operations in coastal, tropical, post-storm, and congested utility environments.

• Must receive annual factory training certified by the helicopter manufacturer and annual wire strike avoidance training.

Observer/Aerial Inspector When required by the applicable task order, the Contractor shall provide an observer or aerial inspector experienced in transmission and/or distribution systems, such as a lineman, capable of identifying visible damage or abnormal conditions affecting utility facilities from the aircraft. In an effort to avoid eye fatigue, the contractor may provide two observers who can alternate inspection duties.

Data Recorder The Contractor shall provide a qualified individual and/or an electronic recording system capable of documenting the location, description, apparent severity, and photographic or video record of conditions identified during the assessment. One individual may perform more than one non-pilot role when safe, lawful, and approved by KEYS.

Ground Support The Contractor shall provide qualified ground-support personnel whenever necessary to support safe flight operations, fueling, maintenance, staging, traffic control, or mission coordination.

AIRCRAFT AND EQUIPMENT REQUIREMENTS

The aircraft shall be properly registered, certificated, maintained, and equipped for the intended operation. At a minimum, the Contractor shall provide:

• A turbine-powered helicopter suitable for aerial utility-system observation and the operating environment anticipated under the task order.

• Adequate seating, restraints, visibility, useful load, range, and performance capability for the Contractor’s assigned flight and inspection crew.

• Air-to-ground and crew communications equipment appropriate for coordination among the flight crew, Contractor personnel, ground-based KEYS personnel, airports, air-traffic services, and emergency-response personnel.

• Loran, GPS, or equivalent navigation and geolocation equipment capable of identifying the location of observed damage.

• Digital photography and/or video capability sufficient to document identified conditions, when requested by KEYS.

• All emergency, survival, personal-protective, and utility-line aerial-operation safety equipment required by law or appropriate to the mission.

• High skid gear.

• Emergency Locator Transmitter (ELT).

• FAA approved wire strike protect kit.

• Fuel, as required.

The Contractor shall identify in its proposal each aircraft proposed, seating capacity, payload and operational limitations, base location, mobilization requirements, and any substitute-aircraft arrangements. Substitution of aircraft afterwards is subject to KEYS' approval and shall not reduce the required capability or safety of the service.

REGULATORY AUTHORITY AND FLIGHT OPERATIONS

The Contractor shall possess and maintain all authority necessary to perform the services described in this solicitation. The proposal shall identify the FAA operating rules and authority under which the proposed missions will be conducted and shall include supporting documentation, including Part 135 certification or other authority when applicable to the intended operation.

The pilot in command shall have final authority to delay, modify, or discontinue a flight for weather, visibility, airworthiness, crew-duty limitations, weight and balance, airspace restrictions, or other safety considerations. The Contractor shall immediately notify KEYS of such a determination and provide a revised operating plan when practicable.

DAMAGE ASSESSMENT REQUIREMENTS

The Contractor shall visually assess and document readily observable damage and abnormal conditions affecting KEYS' electric facilities. The assessment may include, but is not limited to, the following:

Structures

• Broken, leaning, damaged, displaced, or missing poles or structures.

• Damaged crossarms, hardware, pole tops, foundations, or structural members.

• Washed-out, flooded, undermined, or eroded foundations.

• Damaged or missing structure identification or warning signage, when observable.

• Foreign objects or debris affecting structures.

• Visible damaged, loose, broken, or disconnected grounding components, when observable.

• Visible deterioration of concrete or steel structures, including cracking, spalling, rusting, missing structural members, damaged pole caps, or other apparent structural deficiencies.

• Washed-out, flooded, undermined, or eroded areas surrounding pole foundations or guy-wire anchors.

Conductors, Static/Shield Wires, and Guy Wires

• Broken or downed conductors.

• Broken strands; sagging, displaced, or visibly damaged conductors.

• Damaged splices, dampers, spacers, armor rods, or associated hardware.

• Broken, loose, displaced, or damaged static/shield wires.

• Damaged guy wires, anchors, or associated hardware.

• Broken or missing static bonds or other visibly damaged bonding hardware.

Insulators and Electrical Components

• Broken, cracked, flashed, displaced, or missing insulators.

• Damaged attachment hardware.

• Transformers, switches, arresters, cutouts, and other visibly damaged or displaced electrical components, when observable.

• Missing, displaced, or visibly damaged pins, cotter keys, or other insulator attachment hardware.

Rights-of-Way and Access The aerial assessment shall visually evaluate observable conditions along the right-of-way and, to the extent practicable from the aircraft, from the ground line to the top of each structure.

• Fallen, leaning, or damaged trees affecting or threatening electrical facilities.

• Vegetation or debris contacting or encroaching upon 15’ of conductors.

• Brush, vines, or other vegetation growing on or immediately surrounding structures, poles, or guy wires when such vegetation appears to affect access, structural integrity, or system operation.

• Flooding, erosion, washout, excavation, roadway damage, or other conditions affecting access or system integrity.

• Buildings, structures, vessels, debris, or other encroachments affecting KEYS facilities.

Conditions that appear to present an immediate threat to public safety, system reliability, or continued operation shall be communicated to KEYS as soon as practicable during the assessment and shall not be held until issuance of the final report.

DAMAGE-ASSESSMENT DOCUMENTATION

For each significant damaged or abnormal condition identified, the Contractor shall provide documentation sufficient for KEYS to identify, locate, evaluate, and prioritize the condition.

Documentation shall be organized in the format and within the time required by the applicable task order and shall include, as applicable:

Each identified problem or condition shall be recorded in a Microsoft compatible electronic format (Excel or Access) and include at a minimum:

• Date and time observed.

• Transmission or distribution line number and line name, if known.

• Circuit, substation, pole, structure, or facility identification, if known.

• Latitude and Longitude, GPS coordinates accurate within three to five meters when reasonably achievable with the equipment and operating conditions.

• Location of the affected component, including the circuit, phase, shield wire, structure side, or span, as applicable.

• Description of the damaged component or abnormal condition.

• Apparent severity and recommended priority

• Identification of conditions requiring immediate attention

• Digital photographs sufficient to document the condition. Photographs shall be JPEG images with a minimum resolution of six megapixels and shall be labeled or cross-referenced to the applicable record and location.

• Video, flight-track, mission log, or geospatial information when requested by KEYS.

• Any additional information required by KEYS.

Any problem found deemed critical, or where failure is imminent, shall be reported as soon as practical to allow KEYS crews to make immediate repairs, thus avoiding unplanned outages.

Unless otherwise directed, electronic files shall be provided in commonly accessible, non-proprietary formats. Photographs, video, notes, and geospatial data shall be labeled or cross-referenced so KEYS can associate each record with the applicable location and observed condition.

All reports, photographs, video, flight records, maps, and other work products prepared specifically for KEYS under an authorized task order shall be delivered to KEYS and may be used by KEYS for emergency response, restoration, regulatory, insurance, reimbursement, public-safety, and other official purposes, subject to the final contract terms.

OPTIONAL PHYSICAL REPAIR SERVICES

At KEYS' sole discretion and only when separately authorized in writing, the Contractor may be requested to perform physical repairs from the helicopter or a helicopter-supported work platform. Optional repair work may include repair or replacement of static or shield wire, insulators, conductors, associated hardware, and other electric-system components identified by KEYS and within the Contractor's demonstrated capabilities.

Each repair task order shall identify the authorized scope, location, schedule, pricing basis, operational conditions, and any materials or support to be provided by KEYS. The Contractor shall not begin repair work or incur repair-related charges without prior written authorization from an authorized KEYS representative.

Before performing optional repair work, the Contractor shall provide personnel who are properly trained and qualified for the assigned utility and aerial work; all required FAA authority, approvals, and aircraft capabilities; suitable tools, equipment, and personal protective equipment; and a task-specific work and safety plan acceptable to KEYS. All repair work shall comply with applicable aviation, electrical-safety, utility, environmental, and occupational-safety requirements.

Optional repair services are not guaranteed. KEYS may perform repairs with its own forces, assign repairs to another contractor, or decline to authorize repairs based on safety, availability, qualifications, pricing, system conditions, or other operational considerations.

PERFORMANCE STANDARDS

The Contractor shall perform all services in a safe, timely, professional, and workmanlike manner consistent with the urgency of post-event electric-system restoration. Personnel shall remain responsive to KEYS throughout an activation, and reports and records shall be accurate, legible, organized, and delivered within the timeframe established by KEYS.

KEYS may require replacement of personnel or equipment that does not satisfy contract requirements or that KEYS reasonably determines presents a safety, performance, communication, or reliability concern. Any replacement shall meet or exceed the applicable qualifications and is subject to KEYS' approval.

MOBILIZATION/DEMOBILIZATION

When crews are in route to and from Key West, KEYS shall pay equipment and labor rates.

Labor rates shall be paid at an hourly rate.

KEYS will reimburse meals and lodging using the State of Florida per diem rates.

LABOR

Contractor shall supply pricing for labor. The labor rates shall include the cost of:

• Personal safety equipment, as required by OSHA, and the American Public Power Association (APPA) safety manual, latest revision.

• Standard tools for maintenance work including personal tools and gear are included in labor rates.

• Standard safety equipment

• Necessary equipment for night work (e.g. spotlights)

• Necessary personal gear for inclement weather (i.e. raingear, winter clothing, etc.)

Labor rates shall be paid at an hourly rate.

If KEYS does not provide meals, KEYS will reimburse per diem at the State of Florida rates. KEYS will not reimburse for meals if the Contractor declines meals offered by KEYS.

EQUIPMENT CHARGES

Aircraft, vehicles, specialized equipment, and other resources shall be compensated at the rates established in the Contractor’s accepted proposal and final contract.

When an authorized item or equipment does not have an established contract rate, KEYS may approve a rate based on the then-current FEMA Schedule of Equipment Rates or another documented reasonable rate. Use of such a rate requires prior written authorization from KEYS.

No separate equipment charge shall be permitted when the applicable cost is already included in an aircraft, labor, repair, mobilization, or other contract rate. Invoices shall identify the equipment used, applicable rate or FEMA equipment code when required, hours of operation, and the name of the assigned operator.

Current FEMA equipment rates can be found at: https://www.fema.gov/media-library/assets/documents/136901

FUEL

The Contractor’s hourly aircraft rate shall include all fuel required to perform the services. No separate fuel surcharge shall be invoiced unless it was disclosed in the Contractor’s proposal and specifically authorized by KEYS.

When KEYS furnishes fuel, the Contractor’s invoice shall include the quantity received, and an appropriate credit or deduction shall be applied based on the documented quantity and applicable unit cost. The Contractor shall not charge KEYS twice for fuel included in an hourly aircraft or equipment rate.

SCHEDULE

As need arises, notification will be made by telephone or email to the person listed as the contact person on your proposal. If you have other employees you would like notified please include their contact information on a separate sheet in your proposal

ADDITIONAL CONTRACTUAL DOCUMENTS

During an event, KEYS may activate the contract using a task order. Within the task order, KEYS will establish a not to exceed amount based on the proposed pricing submitted and the emergency situation circumstances.

INVOICE-SUPPORT DOCUMENTATION

The Contractor shall submit complete and accurate supporting documentation with each invoice.

At a minimum, and to the extent applicable to the pricing method authorized by the task order, invoice support shall include:

• Applicable contract, task-order, purchase-order, or notice-to-proceed number.

• Dates, locations, mission purpose, and description of services performed.

• Aircraft identification and flight logs showing mobilization, standby, flight, and demobilization time, as applicable.

• Names and positions of personnel assigned.

• Regular-time and overtime hours and rates, when separately billable.

• Aircraft, vehicle, equipment, fuel, travel, lodging, and other authorized charges, with hours, quantities, rates, and receipts as applicable.

• Documentation distinguishing billable flight time, standby time, weather delays, maintenance downtime, and other time categories.

• Daily tickets or activity records signed or acknowledged by an authorized KEYS representative when required.

• Any records required to support Federal Emergency Management Agency (FEMA), State, insurance, grant, audit, or reimbursement review.

The Contractor shall not invoice unauthorized charges. Payment is subject to verification of the work performed, contract rates, supporting records, and applicable task-order limitations.

PROPOSAL CONTENTS & EVALUATION

https://www.fema.gov/media-library/assets/documents/136901 https://www.fema.gov/media-library/assets/documents/136901

The proposal should include a description of the firm’s capabilities and experience with providing the requested services, including a description of any special qualifications which are indicative of working familiarity with similar projects.

The proposals will be evaluated. The evaluation criteria will include a variety of considerations, which may include:

a. Experience with similar projects

b. Range and suitability of services provided

c. Project management approach

d. Pricing

KEYS reserves the right to award contracts to multiple qualified proposers when doing so is in KEYS’ best interest.

BID SUBMITTAL

Proposals shall be submitted electronically via VendorLink or DemandStar prior to the opening date and time. Emailed proposals will not be accepted. Should a vendor not be able to submit via VendorLink or DemandStar, paper submittals will be accepted. Paper submittals must be received prior to the opening date and time in order to be considered.

Paper submittals can be sent via FedEx, UPS, or In-Person to:

Keys Energy Services Bid Opening Committee – Bid 16-26 6900 Front Street Extended Key West, Florida 33040

Bidders shall submit the following:

1. Proposal Pages

2. Bidder’s Statement

3. Public Entity Crimes Sworn Statement

4. Drug-Free Workplace Statement

5. Safety Compliance Affidavit

6. Insurance Agent’s Statement

7. Certification Regarding Debarment, Suspension, etc.

8. Certification for Contracts, Grants, Loans, & Cooperative Agreements

9. Aircraft make, model, registration, base location, seating capacity, payload, range, equipment, and operational limitations.

10. List of all equipment available during an emergency situation, with FEMA equipment code

TERMS AND CONDITIONS REQUIRED FOR PROJECTS ELIGIBLE FOR

REIMBURSEMENT BY FEMA AND/OR THE STATE OF FLORIDA

Costs incurred pursuant to this RFP are anticipated to be eligible for Public Assistance Funding by FEMA and/or the State of Florida Division of Emergency Management. Contractor agrees to be bound by these Terms and Conditions and by all other applicable local, state and federal laws and regulations, which are incorporated herein whether or not specifically enumerated. These Terms and Conditions may duplicate or modify requirements included in KEYS’ General Terms and Conditions. To the extent these Terms and Conditions conflict with KEYS’ General Terms and Conditions, these Terms and Conditions shall control.

1) Remedies

a) If any work performed by Contractor fails to meet the requirements of the Contract, any other applicable standards, codes or laws, or otherwise breaches the Contract, KEYS may in its sole discretion:

i) elect to have Contractor re-perform or cause to be re-performed at Contractor’s sole expense, any of the work which failed to meet the requirements of the Contract;

ii) hire another Contractor to perform the work and deduct any additional costs incurred by KEYS as a result of substituting contractors from any amounts due to Contractor; or

iii) Pursue and obtain any and all other available legal or equitable remedies.

b) This Section shall in no way be interpreted to limit KEYS’ right to pursue and obtain any and all other available legal or equitable remedies against Contractor.

2) Termination—all contracts in excess of $10,000 must address termination for cause and for convenience by KEYS, including the manner by which it will be affected and the basis for settlement. Refer to “Termination of Contract for Convenience” and “Termination of Contract for Cause” provisions in KEYS’ General Terms & Conditions.

3) Changes—the contract will include a provision that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. Refer to “Contract Changes” provision in KEYS’ General Terms & Conditions.

4) Equal Employment Opportunity—required for “federally assisted construction contracts” as defined at 41 C.F.R. § 60-1.4.

During the performance of this contract, Contractor agrees as follows:

a) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

d) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

f) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions 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 Contractor. 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 noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States.

The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

5) Davis-Bacon Act and Copeland Anti-Kickback Act

a) Contractor. Contractor shall comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148), as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 and the Copeland Anti-Kickback Act (18 U.S.C. § 874, 40 U.S.C. § 3145), as supplemented by the regulations at 29 C.F.R. Part 3, as may be applicable, which are incorporated by reference into this contract.

Contractors are 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. Additionally, contactors are required to pay wages not less than once a week.

b) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c) 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.

6) Contract Work Hours and Safety Standards Act – applies to all procurements over $100,000 that involve the employment of mechanics, laborers, or construction work

Compliance with the Contract Work Hours and Safety Standards Act, 29 C.F.R. § 5.5 (b)(1)-(5).

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 paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watch persons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, 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 paragraph (5)(a), above.

c) Withholding for unpaid wages and liquidated damages.

i) Withholding Process. KEYS 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 any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (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 of the Contract Work Hours and Safety Act). 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.

ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of the Contract Work Hours and Safety Act, or both, over claims to those funds by:

(A)A Contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(B)A contracting agency for its reprocurement costs;

(C)A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a Contractor, or a Contractor's bankruptcy estate;

(D)A Contractor's assignee(s);

(E)A Contractor's successor(s); or (F)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

d) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (e) of this section and a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. The prime Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (e). 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:

i) 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;

ii) Filing any complaint, initiating, or causing any proceeding to be initiated, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

iv) Informing any other person about their rights under CWHSSA or this part.

Further Compliance with the Contract Work Hours and Safety Standards Act.

a) Contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract.

Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed;

hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid.

b) Records to be maintained under this provision must be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

6) Clean Air Act and Federal Water Pollution Control Act—required for all contracts in excess of $150,000.

a) Clean Air Act

i) 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 et seq.

ii) Contractor agrees to report each violation to KEYS and understands and agrees that KEYS will, in turn, report each violation as required to assure notification to the Florida Division of Emergency Management, the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

iii) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

b) Federal Water Pollution Control Act

i) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

ii) Contractor agrees to report each violation to KEYS and understands and agrees that KEYS will, in turn, report each violation as required to assure notification to the Florida Division of Emergency Management, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

iii) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

7) Suspension and Debarment

a) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor’s, principals (defined at 2 C.F.R. § 180.995), 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).

b) 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.

c) This certification is a material representation of fact relied upon by KEYS. If it is later determined that 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 KEYS and the Florida Division of Emergency Management, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

d) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 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.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, Contractor (referred to herein as the “prospective lower tier participant”) is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant…