1st Amendment 07/15/2020 = Kevin Madok, CPA
i$br
,,, Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE July 17, 2020
TO: Alice Steryou
Contract Monitor � Q• �
FROM: Pamela G. HancoNU�1.l:.
SUBJECT: July 15th 130CC Meeting
Attached is an electronic copy of die following item for your handling:
C2 I°Amendment to Agreement with Air Mechanical& Service Corp. for Chiller
Maintenance and Service in Monroe County, to revise certain contract provisions and add Federal
requirements. Funding is ad valorem.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: Facilities Supervisor
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
FIRST AMENDMENT TO AGREEMENT FOR
CHILLERS MAINTEANCE AND SERVICE
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this 15th day of July, 2020, between MONROE
COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040, and AIR MECHANICAL & SERVICE CORP.
("CONTRACTOR"), a Florida corporation, whose principal address is 4311 W. Ida Street, Tampa,
Florida 33614, and whose address for purposes of this Agreement is 2700 Avenue of the Americas,
Englewood, Florida 34224.
WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for Chillers
Maintenance and Service, Monroe County, Florida(hereinafter"Original Agreement"); and
WHEREAS, County desires to revise the maintenance of records provision, non-
discrimination, and termination clauses in its contracts and/or agreement to update and/or add current
revisions pursuant to its ordinances and/or Federal required contract provisions; and
WHEREAS, Contractor agrees and consents to such revisions in its Original Agreement to
correct errors and ensure compliance with the Maintenance of Records, Non-Discrimination, and
Termination clauses, and compliance with Federal Required Contract Provisions requirements; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and
enter into this First Amendment to Agreement; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
I. Paragraph 8, MAINTENANCE OF RECORDS of the Original Agreement, shall be
amended as follows:
8. MAINTENANCE OF RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven (7) years
from the termination of this agreement or for a period of five (5) years from the
submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater.
Each party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for five (5) years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the Contractor, the
Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,
Florida Statutes, running from the date the monies were paid to Contractor.
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Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records(hard copy, as well as
computer readable data if it can be made available; subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.);
original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by Owner or the
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as
"County Clerk") to substantiate charges related to this agreement, and all other
agreements, sources of information and matters that may in Owner's or the County
Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties,
or obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by Owner's representative and/or agents of Owner or the County Clerk.
Owner or County Clerk may also conduct verifications such as, but not limited to,
counting employees at the job site, witnessing the distribution of payroll, verifying payroll
computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, subcontractors, suppliers, and
contractors' representatives. All records shall be kept for seven (7) years after Final
Completion of the Project. The County Clerk possesses the independent authority to
conduct an audit of Records, assets, and activities relating to this Project. If an auditor
employed by the County or Clerk determines that monies paid to Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to See. 55.03, Florida
Statutes, running from the date the monies were paid to the Contractor. The Right to
Audit provisions survive the termination or expiration of this Agreement.
2. Paragraph 10, HOLD HARMLESS,. INDEMNIFICATION, D,EFENSE, AND
INSURANCE, of the Original Agreement, shall be amended to include the following paragraph as
the fifth paragraph within Paragraph 10-
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its officers
and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable a"orney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the Contractor and persons employed or utilized by
the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
(County) Agency's sovereign immunity.
3. Paragraph 13, NONDISCRIMINATION, of the Original Agreement, is hereby
amended to include the following Federal Required Contract provisions, if applicable-
13. NONDISCRIMINATION/EoUAL EMPLOYMENTOPPORTUNITY
A. CONTRACTOR and COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action of the part of any party,
effective the date of the court order. CONTRACTOR or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. This include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of 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 290ce-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of 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. 12 101 Note), as may be amended from time to time, relating to
nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor), see 2 C.F.R. Part 200, Appendix II, I C, agrees as follows:
1) The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
........................... ...........................
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identity, or national origin. The CONTRACTOR will take affirmative action to
ensure that applicants are employed, and that employees are treated equally during
employment, without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall not
apply to instances in which an employee, who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions, discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the
CONTRACTOR'S legal duty to furnish information.
4) The CONTRACTOR will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the CONTRACTOR'S commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
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7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
8) The CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (1) and the provision of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The CONTRACTOR will take such action with respect
to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the CONTRACTOR may request the United
States to enter into such litigation to protect the interests of the United States.
4. Paragraph 20, TERMINATION, of the Original Agreement, is hereby deleted and the
following paragraph is replaced in its entirety as Paragraph 20, which includes the following Federal
Required Contract Provisions, if applicable:
20. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this Agreement after seven (7)
days' written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party ninety (90) days' written notice of its intention to do so with neither party
having any further obligation under the terms of the contract upon termination.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with seven (7) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY
terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek
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an offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In
addition, the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to
pursue a claim for violation of the County's False Claims Ordinance, located at
Section 2-721 et al. of the Monroe County Code.
D, Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon ninety (90) days' notice to CONTRACTOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the
Monroe County Code.
E. Scrutinized Companies: For Contracts of any amount, if the County determines that
the Contractor/Consultant has submitted a false certification under Section 287.135(5),
Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel
List, or is engaged in a boycott of Israel, the County shall have the option of (1)
terminating the Agreement after it has given the Contractor/Consultant written notice
and an opportunity to demonstrate the agency's determination of false certification
was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the
Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
5. The Original Agreement is hereby amended to include the following identified as
Paragraph 43, FEDERAL CONTRACT REQUIREMENTS, Paragraphs 44, 45, and 46, to include
the following Federal Required Contract Provisions, if applicable:
43. FEDERAL CONTRACT REOUIREMENTS
The CONTRACTOR and its sub-contractors must follow the provisions, as applicable,
as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as
amended, including but not limited to:
43.1 Clean Air Act (42 U.S.C. .4�7401-7671g.) and the Federal Water Pollution Control
Act (33 U.S-C. 4&1251-1387). CONTRACTOR agrees to comply with all applicable
standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387)
and will report violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water
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Pollution Control Act as amended (33 U.S.C. §§1251-1387) as amended, applies to Contracts
and subgrants of amounts in excess of$150,000.00.
43.2 Davis-Bacon Act, as amended (40 U.S.C. W141-3148). When required by Federal
program legislation, which includes Emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all
prime construction contracts in excess of $2,000, for the construction, alteration, or repair
(including painting and decorating) of public buildings or public works, awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, CONTRACTORS must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages
not less than once a week. If applicable, the COUNTY must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation
(attached hereto as Exhibit "A" and made a part hereof). The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding agency.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit
Security Grant Program (it does not apply to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program), the CONTRACTORS must Also comply
with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As
required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled, The COUNTY must
report all suspected or reported violations to the Federal awarding agency. The
CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
i) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as 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.
iii) Breach. A breach of the contract clauses above may be grounds for termination
of the contract, and for debarment as a contractor and subcontractor as
provided in 29 C.F.R. § 5.12.
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43.3 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics
or laborers must comply with 40 U.S.C. U3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR
must compute the wages of every mechanic and laborer on the basis of a standard work week
of forty (40) hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of forty (40) hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
43.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
43.5 Debarment and Suspension (Executive Orders 12549 and 12689 . A contract award
(see 2 CFR 1180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
43.6 By1d Anti-Lobbying Amendment 31 U.S.C. L352 . CONTRACTORS that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non-Federal award.
43.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act,
as amendment by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designed in guidelines of the Environmental Protection
Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials
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practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
Other Federal and/or FEMA Requirements (as applicable):
43.8 Americans with Disabilities Act of 1990, as amended (ADA), The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
43.9 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract
term.
43.10 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
CONTRACTOR'S actions pertaining to this contract.
43.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions governing
the Department of Homeland Security (DHS) and the Federal Emergency Management
Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff.
Contractors./Consultants must. (L) Cooperate with any compliance review or complaint
investigation conducted by DHS; (2.) Give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program guidance;
and (3.) Submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
43.12 Federal Government not a party to contract. CONTRACTOR acknowledges that the
Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.
43.13 Department of Homeland Security (.DHS) Seal, Logo, and Flags. The CONTRACTOR
shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS,
agency officials without specific FEMA pre-approval.
43.14 Compliance with Federal , Law, . Regulations, and Executive Order. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The
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CONTRACTOR will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
43.15 Disadvantaged Business Ente rise (DBE) Policy and Obligation. It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and state
laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree
to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that the DBE's have the opportunity to compete for and perform contracts, including
but not limited to 2 C.F.R. §200.32I. The COUNTY and the CONTRACTOR and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. 6,200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,,
WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS.
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible;
b. Affirmative steps must include:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business
enterprises;
V. Using services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of
the Department of Commerce.
vi. Requiring the Prime contractor, if subcontractors are to be let, to take
affirmative steps listed in paragraph (i) through (v.) of this section.
43.16 Changes to Contract. The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the Agreement must
be within the scope of any Federal grant or cooperative agreement that may fund this Project
and be reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the County and
Contractor.
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44. The Contractor is bound by the terms and conditions of the Federally-Funded
Subaward and Giant Agreement between County and the Florida Division of Emergency
Management(Division)found at the following link on the Monroe County web page:
httpsd:www.monroecounty-fl 2Qv fdemmantagreement.
45. The Contractor is bound by all applicable local, County, State, and Federal laws and
regulations.
46. The CONTRACTOR shall hold the Division and County harmless against all claims
of whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement,to the extent allowed and required by law.
6. Except as set forth in Paragraphs I through 5 of this First Amendment to Agreement,
in all other respects, the terms and conditions set forth in the Original Agreement, as amended,
remain in MI force and effect.
Ayv ESS WHEREOF,the parties have hereunto set their hands and seal,the day end year first
tten•
'11hr) BOARD OF COUNTY COMMISSIONERS
V VIN MA IC,CLERK OF MONROE C FLORIDA
:y— By..
As Deputy Clerk May
JI
Date i i, zo v-o r `^
CONTRACTOR: -
AIR MECHANICAL&SERVICECORP? rri
N p
p� O
VA By� By lyii
Witness Signature .. . . Signature person au 'zed to legally
bind corporation
Jan Donoho
3\6-1..A- ealaa . Servicr- (Yb t0er
Witness Printed Name Print Name and Title
hiLcc /)zs 2 t
MONROE COUNTY ATTORNEY'$OFFICE
Witness Signs re tAssa.n- G-.v .r
Bonnie L. Brousseau 2SAwe�.
PATRICIA FABLES
Witness Printed Name PATE; "'Prow- O
EXHIBIT "A"
DAVIS BACON WAGE DETERMINATION
12
Page I of 5
"General Decision Number, FL20200022 05/15/2020
Superseded General Decision Number: FL20190022
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories) .
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015, If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2020, If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does riot appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a) (1) (ii) (or the EO minimum. wage rate, if it is
higher than the conformed wage rate) . The EO minimura wage rate
will be adjusted annually. Please note that this EO applies to
the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1 (a) (2) - (60) , Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts,
Modification Number Publication Date
0 01/03/2020
1 05/15/2020
ELEC0349-003 09/02/2019
Rates Fringes
ELECTRICIAN, . . . . . . . . . . . . . . . . . .. . . .$ 35. 36 12.77
---------------------------------------------------------------------
ENG10487-004 07/01/2013
Rates Fringes
OPERATOR, Crane
All Cranes over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . .$ 29.00 SA211
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under. . . . . . . . . . ._ _ . _ _$ 22,00 8,K
-----------------------------------------------------------
IRON0272-004 10/01/2019
Rates Fringes
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Page 2 of 5
IRONWORKER, STRUCTURAL AND
RE1NFORCINC. , . . . . _ ; . . . . . . . . . , . ,$ 25,49 11.99
PAI 0365-004 08/01/2019
Rates Fringes
PAINTER, Brush Only. , . . _ . . . . _ , $ 20,21 11,28
SF'F I,0821--001 01/01/2020
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . .:r 29.16 19.75
HEE0032--003 12/01/2013
Rates. Fringes
S➢iEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . , . . . — . . . .. . . .$ 23.50 12. 18
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER— . . . . . . , , . . . . . . . . . . . . .$ 1.5.08 5.07
CEMENT MASON/CONCRETE FINISHER. w .$ 12,45 0.00
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 0.00
LABORER Cozmmon or General. . . . . .$ 6.62 0.00
LABORER, Pipelayer . . . . , . . .: , . . . . ,:$ 10,45 0,00
OPERATOR- Backhoe/Excavator, . . . .$ 1.6.98 0.00
OPERATOR. Paver (Asphalt,
Aggregate, and Con rete) . . .. . . . . . .$ 9,58 0,00
OPERATOR; Pump . . . . . . . . . . . . . . . . .$ 11 .00 0.00
PAINTERi Roller and Spray. , . . . ,. ,$ 11.21 0 A 0
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . .. .$ 12, 27 3�33
ROOFER, Built Up,
Composition, Hot. Tar and
Single Ply. . .. . . . . . . . . . . . . . . . . . . .. .$ 14 .33 0.00
SHEET METAL WORKER., Excludes
HVAC; Duct Installation_ : . , , . , , . . ,$ 14.41 3,61
TRUCK DRIVER, Includes Bump
and 1.0 "hard Haul. Away. . . . . . . . . . . .$ 8.00 0. 15
ELDERS - Receive rate Prescribed for craft performing
operation to which welding is incidental..
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Page 3 of 5
Note. Executive Order (EC) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care'- or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EC
is available at www.dol,gov/whd/govcontracts.
Unlisted classifications needed for work riot included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
---------------------------------------------------------------------------
The body -_�f each wage determinati.,...,n lists the classification
and wage rates that have been fund to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) ,
Union Rate Identifiers
A four letter classification abbreviation identifier encl-used
in dotted lines beginning with characters other than ""SU"' or
"UAVG' denotes "hat the union classification and rate were
prevailing for that classification in the survey, Example-,
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district c�,.unc:il number
where applicable, i.e., Plumbers Local The nc:x,, number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective data of the
most current negotiated rate, which in this examp e is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate,
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based :.,n all the rates reported in the survey for that
classification. As this weighted average rate incliudes all
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Page 4 of 5
rates reported in the survey, it may i-nclude both union and
non-union rates. Example: SULA2012--�07 5/13/2014 . SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates, LA indicates
the State of Louisiana. 20 2 is the year of survey on which
these classifications and rates are based., The next number, 007
in the example, is an internal number used in producing the
wage determination, 5/13/2014 indicates the survey completicri
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted,.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100, of the data reported for the
classifications was union data. EXAMPLE. UAVG-OH-0010
08/29/2014 , UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
-----------------------------------------------------------
WAGE DETEPNINATION APPEALS PROCESS
1. ) Has there been an initial. decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wa.ge determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter nct yet. ripe for the formal
process described here, initia: should be with the
Branch of Construction wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2, ) If the answer to the question in 1,1 is yes, then an
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Page 5 of 5
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . -write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, NW,
Washington, DC 20210
4-) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
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AC"Rf>> CERTIFICATE OF LIABILITY INSURANCE DA-(MMIDONYYY)
12/30/2019
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 CONTAC E nZak
NAME: �
Lassiter-Ware Insurance of Tampa Bay PHONE (800)845-8437 FAX
AJC No.Ext): ZC,Na (888)883-8680
1300 N.Westshore Blvd E-MAIL ErynZ@Iassiierware.com
ADDRESS:
Suite 110 INSURER`S)AFFORDING COVERAGE NAIL#
Tampa FL 33607 INSURERA: National Fire Insurance Company of Hartford 20478
INSURED F INSURER B: Transportation Insurance Company 20494
Air Mechanical&Service Corp INSURER C: Continental Insurance Company 35289
2700 Ave of the Americas INSURER D: Builders Mutual Insurance Company 1544
INSURER E: Scottsdale Insurance Company 41297
Englewood FL 34244 INSURER F:
COVERAGES CERTIFICATE NUMBER: 20-21 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR UUL S° POiLiCY EFF POLICY EXP
JR TYPE OF INSURANCE NSD V6 D W� POLICY NUMBER (Mki1DD7YYYY) IAMMI_DDNYYY) LIMITS
X COMMERCIAL GENERALLIABILITY I 000, ,1000
EACH OCCURRENCE S _
,IA riG'," N=G 100,000
CLAIMS-MADE OCCUR PREN11SES Ea 0-wrence _ 5
CONTRACTUAL LIABILITY MED EXP(Any one person) S 15,000
A < XCU INCLUDED Y 6079391995 01/01/2020 01/0112021 PERSONAL&ADV INJURY is 1,000,000
GEN'LAGOREGAATEE LIMITAPPLIES PER: GENERALAGGREGATE s 2,000,000
��POLICY ; PRO- 2,000,000
JECT F LOC PRODUCTS-COMPIOP AGG 5
OTHER: € 15
AUTOMOBILE LIABILITY COMBINED SINGLE UM1T S 1,000,000
(Ea acoident)
ANYAUTO BODILY INJURY(Per person) I S
B OWNED SCHEDULED Y 6079392C15 01/01/2020 01/01/2021 BODILY INJURY(Per accidert7 $
AUTOS ONLY AUTOS
HIRED NON-OWNED sill,+'wcRY'i DAMAGE 5
AUTOS ONLY AUTOS ONLY Par.lecderr,!
PIP-BASIC s 10,000
UMBRELLA LIAR OCCUR EACH OCCURRENCE S 5,000,000
C EXCESS LIAR CLAIMS-MADE 6079392032 01/01/2020 01/01/2021 AGGREGATE {S 5,000,000
DED 1 X1 RETENTIGN S 101000 5-
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY YIN /� STATUTE ER -.
1,000,000
D ANVPROPRIMBR/PARTNERIEXF.CU7IVE t NiA VIJCP1068136 01/01/2020 01/01/2021 cL EACH ACCIDENT 5
(Mandatory
in 8HR EXCLUDED? 1,000 000
(Mnndataty in NH) E.L DISEASE-EA EMPLOYEE s
If yes,describe under — -
DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 5 1,000,000
CONTRACTORS POLLUTION CLAIM LIMIT $2,000,000
E CONTRACTORS PROFESSIONAL VRS0004279 01/0112020 01/01/2021 GENERAL AGGREGATE $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 141,Additional Remarks Schedule,may be attached if more space is required)
RE:Central A/C Maintenance&Repairs for Middle Keys Facilities,Monroe County,Florida.
Monroe County Board of County Commissioners is named as Additional Insured with respect to General Liability,Automobile Liability and Umbrella Liability
when required by written contract.
A BY RPS€f T
BY t �.
4 p Ir, 4 ,
CERTIFICATE HOLDER °N `'' CELLATION
WA N 0 OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
Gata Bldg,Room 2-213 AUTHORIZED REPRESENTATIVE
Key West FL 33040 flf
1
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID; 00053185
LOC#:
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMEDINSUREO
Lassiter-Ware insurance of Tampa Bay Air Mechanical-Englewood
POLICY NUMBER
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:Notes
Air Mechanical&Senrice Corp
Certificate Notes for policy Term 1f1f202_0 to ttb/2021
General Liability,
1.BianketAddildonal insureds when required by written contract including Ongoing Operations and Products&Completed Operations per Form#CNA75079
(10/16y
2 Blanket Waiver of Subrogation when required by written contract per porn#CNA74705(01115)
3.Primary&Non-Contributory when required by written contract per Form#CNA74705(01/15)
4 General Aggregate Limit Applies Per Project per Form#CNA74705(01/15).
Automobile Liability:
1 Blanket Additional Insureds when required by written contract per Form#CNA63359(04/12).2 Blanket Waiver of Subrogation when required by written
contract per Form#CNA63359(04112).
3.Automobile is a statutory coverage mandated by State Law As such,coverage is primary and non-contributory
Workers'Compensation:
1 Blanket Waiver of Subrogation when required by written contract per Form#WC000313
2 Worker's Compensation is a statutory coverage mandated by State Law. As such,coverage is primary and non-contributory
Umbrella:
1.General Liability,Automobile and Employers Liability are listed in the underlying schedule on the Umbrella policy.
2 Follow form to the underlying,Additional Insured by written contract,Primary&Non-Contributory wording,and Waiver of Subrogation
General Information:
1 The General Liability policy contains no specific residential exclusions
2 The certificate notes shown above reference the following policies:
6079391995,6079392015,WCP1068136 and 60079392032
ALL COVERAGE IS SUBJECT TO THE POLICY TERMS,CONDITIONS AND EXCLUSIONS
ACORD 101(2008101) a 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD