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4. 09/19/2018 Agreement 4J . S 00Ufttoc�1 %op•z U4 c u o4 . .: -A Kevin Madok, CPA ip /' � ; ' 4 • - Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 5, 2018 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hanco 1 .C. SUBJECT: September 19 BOCC Meeting Enclosed is a duplicate original of Item R2, Contract with sole source vendor Engineered Arresting Systems Corporation (ESCO) for the purchase, shipping and installation of nine Engineered Materials Arresting System (EMAS) Blocks on Runway 9 at the Key West International Airport that were damaged from jet blast from unknown jets. The cost will be $81,805.00 (option 1) to be paid from insurance proceeds and /or Fund 404 Operating; however, if an FAA grant is secured in time for unrelated EMAS repairs, so that both projects can be done simultaneously, the project cost will be $65,743.00 (Option 2), for your handling. Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305- 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145 MONROE COUNTY Key West International Airport EMAS REPAIR RUNWAY 27 Date: September 19, 2018 Engineered Arresting Systems Corporation (ESCO) 2239 High Hill Road Logan Township, NJ 08085 ESCO will provide materials, supervision, contractor labor, handling and on -site support services as stated and identified as option 1 of the ESCO proposal to Key West International Airport (KWIA) dated September 4, 2018 and attached as Exhibit 1. The Option 1 price represents the airport not being able to secure funding for the seam seal retrofit project and /or the inability to schedule the block repair in conjunction with the retrofit project. In the event that funding for the retrofit is obtained and the 9 block repair can be scheduled in conjunction with the retrofit, the pricing will revert to Option 2. Regarding either Option 1 or Option 2, ESCO agrees to furnish the materials and equipment defined below, transportation and insurance; and to provide on -site support services as needed to assist in the Contractor's performance of its work to the satisfaction of Monroe County (Owner). Option 1 Total Price $81,805.00 ESCO shall provide: 1. 9 EMAS blocks. Price for this item $11,250.00 2. Shipping: ESCO to ship blocks to the Airport. Price for this item $3,664.00 3. Installation (Materials, Supervision, Contractor Labor and Handling) Price for this item $66,891.00 Option 2 Total Price $65,743.00 ESCO shall provide: 1 1. 9 EMAS blocks. Price for this item $11,250.00 2. Shipping: ESCO to ship blocks to the Airport. Price for this item $3,664.00 3. Installation (Materials, Supervision, Contractor Labor and Handling) Price for this item $50,829.00 4. Terms & conditions: The Contract itself is not an authorization for ESCO to ship goods or begin performance in any way. ESCO may begin performance only after it has received a duly issued purchase order against the Contract. All purchase orders shall be in written or electronic form, bear the Contract number (if any) and comply with all other contract requirements. The Owner will pay ESCO in accordance with the Florida Prompt Payment Act, Florida Statues Section 218.735. ESCO shall not be entitled to payment unless and until it submits to the Owner invoices with supporting documentation acceptable to the Monroe County Clerk of Court, of which may include partial and final releases and waivers of lien; releases and waivers of lien from all contractors and subcontractors of ESCO and of any and all parties required by the owner. 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. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735. Any amount unpaid 30 days after the invoice date, is subject to interest at the rate of 1% per month or the maximum rate allowed by law on the unpaid balance. Owner agrees to pay any expenses incurred in collecting unpaid balance including attorney's fees and costs. The Owner agrees to pay for EMAS blocks and installation materials, which are stored at or near ESCO's Logan Township, NJ plant, provided ESCO furnishes the Owner with evidence of quality and quantity of the EMAS blocks. Title and risk of loss transfers at the time of invoicing. Price includes insurance policy, provided by ESCO on behalf of the Owner, by adding the Owner as an additional insured on such policy, against loss by damage to or disappearance of such blocks at any time prior to successful shipment to the Key West International Airport. 5. Total price comprises replacement of 9 (4' x 4') jet - blast- resistant (JBR) EMAS blocks and associated installation. 6. Notice to proceed (NTP) is granted upon full execution of this contract. 7. Once the blocks are shipped to the Airport, they are to be stored in trailers at a secured location until time for installation. Storage site at Airport to be provided by Owner at no charge to ESCO. 8. WARRANTY & LIABILITY — See Exhibit 1 2 , 9. No sales /use or other taxes are included in the above figures, and under no circumstances shall ESCO be liable for any sales, use or similar tax. In the event sales and /or use taxes are levied against ESCO by either the State, County, City or municipality, the Owner expressly assumes liability for any such sales /use or other taxes. 10. Airport work hours available from 10 PM to 6 AM. and a 5 -day work week. 11. Monroe County contract clauses are attached hereto as Exhibit 3 and shall be incorporated as if fully restated herein. 11. ESCO shall provide insurance as required on the attached sheet prior to beginning delivery of materials (Exhibit 2). 12. Purchase Orders. No provision of any Owner issued purchase order or other Owner document shall alter or add to this Agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date "?:above written in two (2) counterparts, each of which shall, without proof or i -Z' accountir o Ike other counterpart, be deemed an original contract. ' h i 4 C � `'-1. \"---3;:V * \ . F (SEAT }' 1 A BOARD OF COUNTY COMMISSIONERS G� %,. 1 �,-T KE MADOK, CLERK OF MONROE COUNTY, FLORIDA ' "4 /o N : . B By c-. Z t'_ Y� Y Z i ..r - p rn Deputy Clerk Mayor /Chairperson L " e s � ENGINEERED ARRESTING ;o -v .x3 = WITNESS: SYSTEMS ; �4RPORA�3N <. Fs t �, BY BY ,,i... Thomas ° . Giaquinto, Jr. Title: P-- -c- Dr- t- r`' Vice President, Sales & Marketing Exhibit 1 - ESCO proposal to Key West International Airport (KWIA) dated August 22, 2018 Exhibit 2 - INSURANCE Exhibit 3 - Monroe County required contract clauses 0 NROE COU rm . 4 14 EY go AP -OVE' •' ' 0 - PEDRO J. ERCADO ASSIS - . ' i ∎ I ' ATTORNEY T a; I bi 3 pate ENGINEERED ARRESTING ZODIAC SYSTEMS CORPORATION AEROSPACE AEROSAFETY & TECHNOLOGY Emergency Arresting Systems EXHIBIT 1 September 4, 2018 Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 Attention: Mr. Tyler Bethel Subject: Proposal for the Replacement of 9 EMASMAX Blocks to the EMAS on EYW 09 Departure End Reference: Proposal 14084 materials and labor to replace Nine (9) EMASMAX blocks to the EMAS on EYW Runway 09 Departure End Rev C Dear Tyler: Engineered Arresting Systems Corporation d /b /a Zodiac Arresting Systems Corporation ( "ZASA ") is pleased to offer the following proposal to Key West International Airport (EYW) to provide the necessary EMAS specific materials to replace 9 damaged blocks to the EYW 09 departure end EMAS bed. This proposal will be providing you and your team with two options: 1. A turn -key option and 2. A turn -key option which will conducted in conjunction with the seam seal retrofit project. Either of the options can be taken in order to complete the repair project. Under both options, ZASA will provide you with the 9 EMASMAX blocks, Contractor labor, Materials, ZASA oversight and Shipping required to complete the project. Pricing: Option 1: The proposal for the turn -key repair is as follows: • Installation (Materials, Supervision, Contractor Labor and Handling) - $66,891.00 • 9 EMASMAX Blocks - $11,250.00 • Shipping costs to deliver the material to the airport - $3,664.00 Turn - key for 9 blocks, installation and shipping is: $81,805.00 Option 2: The proposal for the turn -key repair in conjunction with the retrofit is as follows: • Installation (Materials, Supervision, Contractor Labor and Handling) - $50,829.00 • 9 EMASMAX Blocks - $11,250.00 • Shipping costs to deliver the material to the airport - $3,664.00 Turn -key with retrofit for 9 blocks, installation and shipping is: $65,743.00 ENGINEERED ARRESTING SYSTEMS CORPORATION 2239 High Hill Road, Logan Township, NJ 08085 — USA. Tel: +856 241 8620— Fax: +856 241 8621— www.zodiacaerospace.com 4 ENGINEERED ARRESTING ZODIAC SYSTEMS CORPORATION AEROSPACE ae AEROSAFETY & TECHNOLOGY Emergency Arresting Systems ZASA will require sixteen (16) weeks from receipt of a Payment / Notice to Proceed (NTP) / Purchase Order (PO) to have the materials ready to ship. Thank you for the opportunity to provide this proposal. Please do not hesitate to contact me if you have any questions or if I can be of any additional assistance in this matter. Sincerely, Mike C. Barnes, C.M. Regional Director Ph: (856) 491 -6315 Email: mike.barnes@ zodiacaerospace.com 5 ENGINEERED ARRESTING ZODIAC SYSTEMS CORPORATION AEROSPACE AEROSAFETY & TECHNOLOGY Emergency Arresting Systems Terms & Conditions: > This proposal is quoted firm -fixed price and valid for a period of thirty (30) days from proposal submittal date. > Payment terms are Net 30 days. Late payments shall accrue interest at a rate of 1.0% per month or portion thereof. > When drafting the purchase order (P0) for the repair, the following statement needs to be added to the P0: "Terms & conditions stated in the Engineered Arresting Systems Corporation d /b /a Zodiac Arresting Systems Corporation ( "ZASA ") Proposal 14084, Rev C, dated September 4, 2018 for the amount of $81,805.00 (Option 1) or $65,743.00 (Option 2) shall supersede and replace the terms and conditions on a Key West International Airport purchase order # > No sales, use, or other taxes are included in above price. Any such taxes, if applicable, must be paid by the airport directly to the taxing authority. > Pricing does not include any bond fees. > Due to the nature and purpose of the EMAS product, and the many variables associated with and conditions that affect the arrestment of an aircraft, ZASA will not accept any liability, indemnity, consequential or incidental damages. > ZASA will provide a 90 day limited commercial warranty against defects in materials and workmanship, provided ZASA supervises the repair and the process is completed in accordance with ZASA standards (as validated and accepted by ZASA representatives upon completion of the repair). A copy of the warranty is attached. > ZASA shall extend vendor supplied material warranties to the Airport, to the extent they are provided to ZASA. Any existing warranty will be extended to the materials provided under this proposal. > The materials provided are in accordance with FAA Advisory Circular 150/5220 -22B. 6 ENGINEERED ARRESTING ZODIAC SYSTEMS CORPORATION _ AEROSPACE AEROSAFETY & TECHNOLOGY Emergency Arresting Systems ENGINEERED ARRESTING SYSTEMS CORPORATION DB /A ZODIAC ARRESTING SYSTEMS AMERICA ENGINEERED MATERIAL ARRESTING SYSTEM LIMITED WARRANTY ENGINEERED ARRESTING SYSTEMS CORPORATION d/b /a ZODIAC ARRESTING SYSTEMS AMERICA ( "ZASA ") warrants to the original purchaser (the "Owner ") of the ZASA Engineered Material Arresting System replacement materials ( "EMAS Replacement Materials ") that, for a period of ninety days (90) from the date the EMAS Replacement Materials are installed, and subject to the limitations stated herein, the EMAS Replacement Materials (excludes base surface preparation) shall conform to the product specifications contained in the documents previously provided by ZASA with the initial installation of the EMAS. This Warranty is expressly conditioned on the Owner's satisfying all of the following requirements: MAINTENANCE: ZASA requires that the Owner initiate and follow a preventative maintenance program in accordance with the ZASA Inspection, Maintenance and Repair Manual listed under the clause "Applicable Documents ". RIGHT OF INSPECTION: The Owner shall provide ZASA with reasonable access to the EMAS Replacement Materials after their installation for the purpose of conducting inspections if necessary. Reasonable access shall include, without limitation, access during daylight hours to permit careful visual assessment of the condition of the EMAS Replacement Materials and access to all records of maintenance carried out by the Owner. NOTIFICATION: If the Owner believes that it has a claim arising from the failure of the EMAS Replacement Materials to conform with this Warranty, the Owner must notify ZASA of the claim, within ten (10) days after discovering the conditions giving rise to the claim, and in any case before the Warranty period has expired. All such notices shall be given by certified mail addressed to Director of Quality Assurance, Attention: Warranty Claim Engineered Arresting Systems Corporation, 2239 High Hill Road, Logan Township, NJ 08085, USA. Failure to adhere to any of the conditions stated above shall void this Warranty. WARRANTY REMEDY If the Warranty set forth above is breached, ZASA will, at its sole option, either (1) correct the non - conformity at its own cost within a reasonable time after receiving notice of the breach, or (2) a refund of the price of the non - conforming EMAS Replacement Material(s) at its own cost within a reasonable time after receiving notice of the breach. The Owner shall give ZASA reasonable access to the EMAS that allows ZASA to perform its warranty obligations on its most cost - effective basis possible. EXCLUSIONS ZASA shall not be liable for any damage to the EMAS Replacement Materials or other property attributable to any of the following (or any combination thereof): 1. Standing water in and around the EMAS bed; 2. Vehicular traffic; 3. Aircraft traffic in contact with the EMAS bed; 7 ENGINEERED ARRESTING ZODIAC Z SYSTEMS CORPORATION AEROSPACE AEROSAFETY & TECHNOLOGY Emergency Arresting Systems 4. Damage caused by snow removal equipment that does not meet ZASA specifications detailed under the clause "Applicable Documents" which were provided with the original EMAS installation; 5. Acts of nature, including, but not limited to, lightning, flood, winds in excess of 100 mph, earthquake, hurricane, tornado, hail storm, or impact of objects or other violent storm or casualty; 6. Damage caused by wild life indigenous to the installation location; 7. Repairs or alterations of the EMAS, unless performed by personnel trained and qualified by ZASA and in a manner meeting the ZASA specifications and procedures listed under the clause "Applicable Documents ", which were provided with the initial EMAS installation; 8. Excessive build up of debris in and around the EMAS bed; 9. Impact or contact with other objects, spilled liquids or immersion in liquids (including fuel dropped from over -flying aircraft); 10. Use of the EMAS for purposes other than those for which it is customarily used; 11. Improper maintenance, abuse or other neglect; 12. Exposure to chemicals other than de -icers and aircraft engine exhaust; 13. Jet Blast in excess of 100 mph; 14. Damage or defect due to faulty or improper workmanship, including installation of the product that is not in accordance with ZASA's published specifications and installation recommendations in effect at the time of installation; 15. Damage to the EMAS Replacement Materials related to or caused by the base surface not being constructed per the drawings and specifications. ZASA must check and accept the base surface prior to the start of EMAS arrestor bed installation; and 16. Any subsequent failure of the base surface whether or not originally constructed per the drawings and specifications. APPLICABLE DOCUMENTS Project Installation Drawings Item P -555 EMAS Bed Installation by Prime Contractor EMAS Quality Control plan for EMAS installation at the Airport, with associated Quality Control Instructions. Inspection, Maintenance and Repair Manual, Current Version WARRANTY EXCLUSIVE /LIMITATION OF LIABILITY THE EXPRESS WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. THE OWNER'S EXCLUSIVE REMEDIES AND ZASA'S ONLY OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH DEFECTS OR NON - CONFORMITIES IN THE EMAS REPLACEMENT MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR 8 ENGINEERED ARRESTING ZODIAC SYSTEMS CORPORATION AEROSPACE AEROSAFETY & TECHNOLOGY Emergency Arresting Systems OTHERWISE, SHALL BE THOSE STATED HEREIN. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN ANY CONTRACT DOCUMENT, ZASA'S TOTAL LIABILITY TO THE OWNER ARISING FROM OR RELATING TO DEFECTS OR NON - CONFORMITIES IN THE EMAS REPLACEMENT MATERIALS SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE EMAS REPLACEMENT MATERIALS PAID TO ZASA. ZASA SHALL HAVE NO LIABILITY TO THE OWNER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. REGARDLESS OF ANY STATUTORY LIMITATION PERIODS, ZASA SHALL NOT BE LIABLE FOR ANY BREACH OF WARRANTY OF WHICH IT IS NOT NOTIFIED AS REQUIRED BEFORE THE WARRANTY PERIOD HAS EXPIRED. NO WARRANTY MODIFICATIONS This Warranty may not be modified except in a writing signed by ZASA's President for the Logan Business Unit. No representative, employee, or agent of ZASA, or any person, other than the President for the Logan Business Unit of ZASA, has the authority to assume for ZASA any additional liability or responsibility in connection with the EMAS or this Warranty. To ensure registration of this Warranty, please return a signed copy to: Manager, Quality Assurance Engineered Arresting Systems Corporation 2239 High Hill Road Logan Township, NJ 08085 Phone (856) 241 -8620 - Fax (856) 241 -8621 Name (Please Print) of Authorized Airport Individual: Signature: Date: 9 EXHIBIT 2 INSURANCE ESCO shall carry and maintain at least the minimum insurance as specified below until completion and acceptance of the work. INSURANCE REQUIREMENTS FOR ESCO Prior to the commencement of work governed by this contract including the pre- staging of personnel and material the ESCO shall obtain at its own expense insurance as specified below. ESCO will ensure that the insurance obtained will extend protection to all Sub Contractors engaged by ESCO. As an alternative ESCO may require all Subcontractors to obtain comparable insurance. ESCO 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 ESCO 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 ESCO s failure to provide satisfactory evidence. ESCO 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 ESCO 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 ESCO s failure to maintain the required insurance. ESCO will be held responsible for all deductibles and self - insured retentions that may be contained in ESCO s Insurance policies. ESCO 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. 10 The County at its sole option has the right to request a certified copy of any or all insurance policies required by this contract. The acceptance and /or approval of ESCOs insurance shall not be construed as relieving ESCO from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners its employees and officials 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. PROPERTYBUILDER 'S RISK/INSTALLATION FLOATER Prior to the commencement of work governed by this contract, ESCO shall ensure that the EMAS blocks being purchased under this contract shall be insured on an "All Risk" basis, to include the perils of Flood and Wind, with limits no less than the Replacement Cost Value of EMAS blocks being purchased by the County. Coverage shall be maintained until the EMAS blocks are received by the County in Key West, Florida. As a minimum coverage shall extend to the following perils: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood In addition, ESCO shall provide, or arrange for the EMAS blocks to be insured as specified above while they are being transported to Key West, Florida. The Monroe County Board of County Commissioners shall be named as Loss Payee on all policies issued to satisfy the above requirements. COMMERCIAL GENERAL LIABILITY INSURANCE Prior to the commencement of work governed by this contract, ESCO shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations 11 Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000, 000 Combined Single Limit (CSL) An Occurrence Form 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. VEHICLE LIABILITY INSURANCE Recognizing that the work governed by this contract may require the use of vehicles, ESCO shall obtain Vehicle 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 minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) WORKERS COMPENSATION AND EMPLOYER S LIABILITYINSURANCE Prior to the commencement of work governed by this contract, ESCO shall obtain Workers Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, ESCO shall obtain Employers Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease policy limits $500,000 Bodily Injury by Disease each employee Coverage shall be maintained throughout the entire term of the contract. 12 EXHIBIT 3 1) Books, Records and Documents. ESCO shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to ESCO pursuant to this Agreement were spent for purposes not authorized by this Agreement, ESCO shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to ESCO. 2) Governing Law, Venue, Interpretation. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts 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 ESCO agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and ESCO 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. 3) 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 ESCO 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. 4) Attorney's Fees and Costs. The County and ESCO 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, and shall include attorney's fees, courts costs, investigative, and 13 out -of- pocket expenses in appellate proceedings. 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. 5) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and ESCO and their respective legal representatives, successors, and assigns. 6) 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. 7) Claims for Federal or State Aid. ESCO 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. 8) Adjudication of Disputes or Disagreements. County and ESCO agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. 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. 9) 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 ESCO 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 ESCO specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 10) Nondiscrimination. County and ESCO agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. ESCO 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 VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) 14 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 handicaps; 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 VIII of the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11) Covenant of No Interest. County and ESCO covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 12) 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 employment or contractual relationship; and disclosure or use of certain information. 13) No Solicitation/Payment. The County and ESCO 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, ESCO agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15 14) Public Records Compliance. ESCO 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 ESCO 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 ESCO 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 ESCO. Failure of ESCO 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. ESCO is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, ESCO is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the 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 ESCO or keep and maintain public records that would be required by the County to perform the service. If ESCO transfers all public records to the County upon completion of the contract, ESCO shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If ESCO keeps and maintains public records upon completion of the contract, ESCO 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 ESCO of the request, and ESCO must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF ESCO HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC 16 RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470 15) Non - Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and ESCO 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 deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 16) 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 performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 17) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 18) 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 ESCO agree that neither the County nor ESCO nor 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. 19) Attestations. ESCO 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. 17 20) 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. 21) 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. 22) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 23) Mutual Review. This agreement has been carefully reviewed by ESCO and the County, therefore this agreement is not to be construed against either party on the basis of authorship. 24) Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, ESCO 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, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any negligent acts or willful misconduct of ESCO or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, or (B) ESCO'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, including but not limited to improper maintenance of the system or runway and /or improper use or misuse of the system, of the County or any of its employees, agents, contractors or invitees (other than ESCO). 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 lease or any earlier termination of this Agreement. 18 A�� ® ® CERTIFICATE OF LIABILITY INSURANCE DATE (2 018 YYYY) 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 Marsh USA Inc, PHON: 4400 Comerica Bank Tower tare No. Extt: FAX No): 1717 Main Street E -MAIL . Dallas, TX 75201 ADDRESS: Attn: Dallas.Certs @marsh.com Fax: 212 -948 -0519 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: National Union Fire Insurance Co. Of Pittsburgh, PA 19455 Engineered Arresting Systems Corporation 2201 W. Royal Lane Suite 150 INSURER C : Liberty Insurance Corporation • 42404 Irving, TX 75063 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: HOU- 003458331 -01 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMIDDK IY YYY) (MMIDDYYYI A X COMMERCIAL GENERAL LIABILITY TB2- 641- 438914 -088 07/01/2018 07/01/2019 EACH OCCURRENCE S 1,000,000 See Acord 101 Attached DAMAGE TO RENTED CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) 5 1,000,000 MED EXP (Any one person) _ S 10,000 PERSONAL & ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE 5 2,000,000 X POLICY p, PRO- LOC PRODUCTS - COMP /OPAGG 5 2,000,000 JECT OTHER: I j S C AUTOMOeILEUABILITY AS7 07/01/2018 07/01/2019 (E acBIddNEant) OSINGLELIMIT 1 s 1,000,000 X ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) 5 X HIRED x NON -OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident) I I 8 X UMBRELLALIAB X OCCUR 123 - 18 - 911 10/01/2018 10/01/2019 EACH OCCURRENCE S 1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE S 1,000,000 DED 1 X 1 RETENTION 510,000 1 s WORKERS COMPENSATION YIN �17` 1V C AIS4 \ A 4E I STATUTE OT- H AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? ECUTIVE N N / A BY M , ' _ I _ _ �i L. EACH ACCIDENT S (Mandatory In NH) _ i ��/ �r E.L DISEASE - EA EMPLOYEE S If yes. describe under DESCRIPTION OF OPERATIONS below DATE , • - E.L. DISEASE - POLICY LIMIT I S WAIVER WA ?V YES__ DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Romarks Schedule, may be attached If more apace Is raqulred) The Monroe County Board of County Commissioners its employees and officials are Included as Additional Insured under the General Liability and Auto Liability policies as their interest may appear, but only to the extent such status is required under their written contract 1 agreement with the Named Insured. Certificate Holder is loss payee, as required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commission SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Beth Leto, CPM Airport Business Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West International Airport ACCORDANCE WITH THE POLICY PROVISIONS. 3491 South Roosevelt Boulevard Key West, FL 33040 , AUTHORIZED REPRESENTATIVE of Marsh USA Inc. (, 1 Manashi Mukherjee , 4.0 ".t.00t..: • © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:. CN102860315 LOC #: Dallas '`�w o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Engineered Arresting Systems Corporation 2201 W. Royal Lane Suite 150 POLICY NUMBER Irving, TX 75063 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Designated Products Exclusion —This insurance does not apply to (1) bodily injury or property damage included in the products - completed operations hazard or (2) personal & advertising injury arising out of all products sold to government entities. Designated Work Exclusion — This insurance does not apply to (1) bodily injury or properly damage included in the products - completed operations hazard or (2) personal & advertising injury arising out of your work done for government entities Aircraft Products Exclusion — This insurance does not apply to any liability, damages, loss injury, demand, claim, or suit that arises out of or allegedly arises out of (1) aircraft products (2) work performed upon or in connection with aircraft products (3) any representative or warranty made at any time with respect to such products or (4) the grounding of any aircraft. (the endorsement goes on to define the definition of aircraft products & grounding). ACORD 101 (2008/01) Co 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENGIARR -01 JOHN ACORLY CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 1 0/29/2018 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: GMG Insurance Agency 1717 Langhorne Newtown Road, STE 403 (tvc Ext): (215) 497 - 9240 (NC, No):( 497 -9263 Langhorne, PA 19047 ai { ss : INFO @GMGINS.COM INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Selective Insurance Company of America -12572 12572 INSURED - INSURER B : Pennsylvania Manufacturers' Association Insurance Co (PMA) 12262 Engineered Arresting Systems Corporation INSURER C : Underwriters at Lloyd's London (IL) 15792 2550 Market Street INSURER D : Aston, PA 19014 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SD WVD I POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDIYYYYI IMMIDDIYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED AF? i V • RISK EME T PREMISESJ_Ea occurrence) $ _ r MED EXP (Any one person) $ 8Y i PERSONAL & ADV INJURY $ GEN 'L AGGREGATE LIMIT APPLrEs PER: DATE 1 ` GENERAL AGGREGATE $ POLICY JECT I I LOC WAIVER A g PRODUCTS - COMP /OP AGG $ Ygla- _ —' / OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ANY AUTO S 1980070 2/4/2018 2/4/2019 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY (Per accident) $ X HIR X NON -OWNED PeOPcERTYrt DAMAGE AUTOS ED ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE DEO RETENTION $ $ B WORKERS COMPENSATION X PE O AND EMPLOYERS' LIABILITY Y I N 201700 2233492 8/5/2018 8/5/2019 1,000,000 ANY OFFICER/MEMBER EXCLUDED? ECUTIVE N / A E.L. EACH ACCIDENT $ (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 $ C Professional Liabili SAE201600021J 8/5/2018 8/5/2019 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe County Board of County Commissioners its employees and officials as Additional Insured on the automobile policy if required by a written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 3491 South Roosevelt Boulevard Key West, FL 33040 AUTHORIZED REPRESENTATIVE / 1 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2015 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Engineered Arresting Systems Corporation Contract for: Key West International Airport Address of Contractor: 2550 Market Street. Aston. PA 19014 Phone: 610- 494 -8000. ext 2183 Scope of Work: 9ea EMAS blocks. shipping to the Airport and Installation Services Reason for Waiver: Waiver is requested as goods will be invoiced upon delivery to the Airport and services will be invoiced upon execution. Builder's Risk Insurance. This insurance was provided on previous Purchase Orders as the Airport paid for EMAS blocks that were stored as Seller's facility until the Airport was prepared for installation. Under this Purchase Order. blocks will be shipped to the airport for installation upon their completion. The Airport has no insurable interest in the materials Policies Waiver will apply to: Builder All Risk Insurance OK/ Signature of Contractor: Ik L ir Approved 4 Not Approved Risk Management U' Date: lb, -a&-' County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: 113 Administrative Instruction 7500.6