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Item C11 C.11 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting August 18, 2021 Agenda Item Number: C.11 Agenda Item Summary #8546 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of Second Amendment to Agreement with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment Services contract for the second renewal of one (1) year, apply a CPI-U increase of 1.4%, and revise and/or add updated Federal required contract provisions. The new monthly payment amount is $1,346.59. Funding is Ad Valorem. ITEM BACKGROUND: This Second Amendment seeks approval to exercise the second of five (5) optional one (1) year renewals. This renewal term would begin on September 11, 2021, and terminate on September 10, 2022. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. The CPI-U on December 31, 2020, was 1.4%. The contract monthly amount will thus be increased from $1,328.00 to the new monthly payment of $1,346.59. The hourly wages for Additional Services during normal working hours or for emergency services will also increase by the 1.4%. The annual amount of this contract, based on the new rate, will be $16,159.08, for the monthly services. The total compensation for additional services and repairs shall not exceed $25,000.00 per year. Additionally, several provisions of the contract, including the Federal required contract provisions, are also being revised in this Second Amendment and some new updated provisions have been added based on changes to the Federal requirements. PREVIOUS RELEVANT BOCC ACTION: August 19, 2020 BOCC approved the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional renewals and update certain contract provisions, including but not limited to, public records compliance, non-discrimination clause, maintenance of records, notice requirements and certain Federal requirements. September 16, 2015 BOCC approved a Bid Award Agreement for Chemical Water Treatment Packet Pg.667 C.11 and Testing Services in Monroe County with Advance Water Technology, Corp. CONTRACT/AGREEMENT CHANGES: Second Amendment for Chemical Water Treatment& Testing Services, Second optional 1 year renewal, a 1.4% CPI-U increase &revise or add Federal required contract provisions. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 08-18-2021 Second Amendment_Water Testing Agreement_AWT (signed) 08192020 First Amendment to Agreement_Advance Water_Exec 09162015 Original Agreement Advance Water Technology FINANCIAL IMPACT: Effective Date: 9/11/2021 Expiration Date: 09/10/2022 Total Dollar Value of Contract: $35,936.00/year Total Cost to County: $35,936.00 plus CPI-U adjustments Current Year Portion: N/A Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: Five (5)year agreement with five (5) optional one-year renewals. The contract amount may be adjusted annually with a CPI-U adjustment. This Second Amendment will exercise the second of five (5) optional one (1)year renewals. As provided for in the RFP agreement, additional services shall not exceed $25,000.00 per year unless pre-approved emergency work requiring additional funds is implemented. The total monthly service amount is $1,346.59 for an annual amount of$16,159.08. None 09/11/20 147-20503 - UNINC PARKS & BEACHES $0.00 09/11/20 101-20505 - CORRECTION FACILITIES $19,180.00 09/11/20 001-20501 - FACILITIES MAINTENANCE $16,756.00 Total: $35,936.00 Packet Pg.668 C.11 REVIEWED BY: Patricia Eables Completed 08/03/2021 10:33 AM William DeSantis Completed 08/03/2021 10:50 AM Purchasing Completed 08/03/2021 12:49 PM Budget and Finance Completed 08/03/2021 1:00 PM Maria Slavik Completed 08/03/2021 1:02 PM Liz Yongue Completed 08/03/2021 1:29 PM Board of County Commissioners Pending 08/18/2021 9:00 AM Packet Pg.669 C.11.a SECOND AMENDMENT TO AGREEMENT FOR CHEMICAL WATER TREATMENT AND TESTING SERVICES MONROE COUNTY, FLORIDA 2 This Second Amendment to Agreement is made and entered into this 18th day of August 2021, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State 6 of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE .2 WATER TECNOLOGY, CORP. ("CONTRACTOR"), a Florida corporation, whose principal address is 7880 NW 176 Street, Hialeah, Florida 33015. WHEREAS, the parties hereto did on September 16, 2015, enter into an Agreement for .E Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original Agreement"); and E �t WHEREAS, on August 19, 2020, the Board of County Commissioners ("BOCC") approved 2� the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional c;, one-year renewals and update certain contract provisions; and r_ .2 WHEREAS, the parties desire to renew the term of the Original Agreement for an additional one-year period and to make the annual CPI-U increase adjustment pursuant to the terms of the Original Agreement; and WHEREAS, the County desires to revise certain Federal Contract provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement, W as amended, to either revise in order to update and/or add other Federal required contract provisions in order to ensure compliance with any Federal required contract provisions requirements; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and i enter into this Second Amendment to Agreement; E NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set a forth below, the parties agree as follows: 1. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original 0 Agreement, the County exercises its option to renew the Original Agreement for the second of the U) five (5) one-year terms. This renewal term of the Original Agreement shall commence on September N 11, 2021, and ends upon September 10, 2022, unless terminated earlier under paragraph 20 of this N co Agreement. co CD 2. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as i Packet Pg.670 C.11.a reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. The CPI-U on December 31, 2020, was 1.4%. m 3, In accordance with Paragraph 4.A., ADDITIONAL SERVICES, of the Original Agreement, as amended, Additional Services for normal working hours between 8:00am and 5:00 pm Monday through Friday, excluding holidays, shall increase from $30.00 per hour to $30.42 per hour for a technician, and shall increase from $40.00 per hour to $40.56 per hour for a technician and helper. 4. In accordance with Paragraph 4.B., ADDITIONAL SERVICES, of the Original Agreement, as amended, Additional Services for emergency service calls (above four per year) after E the hours stated above, including holidays, shall increase from $40.00 per hour to $40.56 per hour r_ for a technician, and shall increase from $50.00 per hour to $50.70 per hour for a technician and E helper. .� N 5. In accordance with Paragraph 5.D., PAYMENTS TO CONTRACTOR, of the Original Agreement, as amended, the monthly fee for the listed buildings shall be increased pursuant to the CPI-U increase of 1.4%, and Paragraph 5.D. is hereby amended as follows: .2 D. The following buildings require monthly water treatment services: Murray Nelson Government Center 102050 Overseas Highway, Key Largo, FL $ 177.45 per month Monroe County Medical Examiner-Crawl Key 56639 Overseas Highway, Marathon, FL $ 40.56 per month m Harvey Government Center 1200 Truman Ave., Key West, FL $ 40.56 per month Dept. of Juvenile Justice Building 5503 College Rd., Key West, FL $ 40.56 per month Monroe County Sheriff Administration Building 5525 College Rd., Key West, FL $ 177.45 per month Monroe County Detention Center on Stock Island 5501 College Rd., Key West, FL $ 557.70 per month E Jackson Square Complex 500 Whitehead St., Key West, FL $ 278.85 per month v) Gato Building 1100 Simonton St., Key West, FL $ 33.46 per month co co CD Total Per Month $ 1,346.59 The total monthly service amount of contract shall be One Thousand Three Hundred Forty-six and 59/100 ($1,346.59) Dollars for an annual amount of Sixteen Thousand One 2 Packet Pg.671 C.11.a Hundred Fifty-nine and 08/100 ($16,159.08) Dollars. Total Compensation to CONTRACTOR for additional services and repairs under this Agreement shall not exceed Twenty-five Thousand and 00/100 ($25,000.00) Dollars per year unless pre- 2 approved emergency work requiring additional funds is implemented. 6. Paragraph 13, NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY, of the Original Agreement, as amended, is hereby amended to delete the current 2 paragraph 13 as set forth in the First Amendment, and replace it in its entirety with the following paragraph: t� 13. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY E A. CONTRACTOR and COUNTY agree that there will be no discrimination against r_ any person, and it is expressly understood that upon a determination by a court of E competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any parry, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as .2 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 eti 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 E age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as 2, 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 Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination E in the sale, rental or financing of housing; 9) The Americans with Disabilities Act 0) of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to �C 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, W national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state N co statutes which may apply to the parties to, or the subject matter of, this Agreement. co CD 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 E Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 3 Packet Pg.672 C.11.a 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 11, ¶ C, agrees as follows: 2 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to E the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the SAID labor union or workers' representative of the CONTRACTOR'S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. co 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of co September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. a 4 Packet Pg.673 C.11.a 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 Z books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. ru 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this U contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or E federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be E 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 (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of — September 24, 1965, so that such provisions will be binding upon each W 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 0) 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. e( 7. Paragraph 44.1, Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.1, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: 44.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the v) T_ Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. N §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 co U.S.C. §§1251-1387) as amended, applies to Contracts and subgrants of co amounts in excess of $150,000.00. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor E agrees to report each violation to the COUNTY and understands and agrees that 5 Packet Pg.674 C.11.a the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. a� 8. Paragraph 44.2, Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.2, as set forth in the First Amendment, and replace it in its entirety with the following para_ h: p ra—p � 44.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by a� 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 E 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 E 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 2� Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions c;, 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, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the i 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 a 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 U) the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § N 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, co which are incorporated by reference into this contract. co i) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. E 6 Packet Pg.675 C.11.a ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii) Breach. A breach of the contract clauses above may be grounds for termination .2 of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its E employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be W delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency 2 in charge at the site of the building or work. 9. Paragraph 44.3, Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701- 3708), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.3, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: e( i 44.3 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement E programs, all contracts awarded by the COUNTY in excess of $100,000 that involve 2 the employment of mechanics or laborers must comply with 40 U.S.C. _�§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 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 E 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 E purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in co any workweek in which he or she is employed on such work to work in excess co of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of a� pay for all hours worked in excess of forty hours in such workweek. 7 Packet Pg.676 C.11.a (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each .2 individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of E the overtime wages required by the clause set forth in paragraph (b)(1) of this section. �t (3) Withholding for unpaid wages and liquidated damages. The FederaI agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime .� contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated' damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2). (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.5 (1)through(4). 10. Paragraph 44.5, Debarment and Suspension (Executive Orders 12549 and 12689), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.5, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: i 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to a parties listed on the government wide exclusions in the System for Award 0) Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that �C implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment v) and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under co statutory or regulatory authority other than Executive Order 12549. SAM exclusions co can be accessed at www.sa1ov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined E at 2 C.F.R. §180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C 8 Packet Pg.677 C.11.a and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 .2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. .E 11. Paragraph 44.6, Byrd Anti-Lobbying Amendment (31 U.S.C. §1352), of the Original -� Agreement, as amended, is hereby amended to delete the current paragraph 44.6, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: c 44.6 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. W 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 i connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the 0) awarding agency. If award exceeds $100,000, the attached certification must be 2 signed and submitted by the Contractor to the County. 12. Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.7, as set forth in the First Amendment, and replace it in its entirety with the following i paragraph: E 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste E disposal Act, as amendment by the Resource Conservation and Recovery Act. The a requirements of Section 6002 include procuring only items designed in guidelines of 0 the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds N co $10,000 or the value of the quantity acquired during the preceding fiscal year co exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In E the performance of this contract, the Contractor shall make maximum use of products 9 Packet Pg.678 C.11.a containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; Z, 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is .2 available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E 13. Paragraph 44.9, E-Verify System, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.9, as set forth in the First Amendment, and replace it in 2� its entirety with the following paragraph: c 44.9 E-Verify System - Beginning January 1, 2021, in accordance with F.S. Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ contract with, or subcontract with an unauthorized alien. The Contractor shall comply 0) with and be subject to the provisions of F.S. Sec. 448.095. 14. Paragraph 44.13, Department of Homeland Security (DHS) Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.13, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: i 44.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags E or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. E �t 15. Paragraph 44.14, Compliance with Federal Law, Regulations, and Executive Order, of 0 the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.14, as set U) forth in the First Amendment, and replace it in its entirety with the following paragraph: N co cv 44.14 Compliance with Federal Law, Regulations, and Executive Order. This is an co acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. E 10 Packet Pg.679 C.11.a 16. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 44.17, Program Fraud and False or Fraudulent Statements or Related Acts, and shall read as follows: ' 44.17 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. .2 a� 17. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 44.18, Prohibition on Certain Telecommunications and Video Surveillance Services or E Equipment as set forth in 2 C.F.R. § 200.216, and shall read as follows: a� 44.18 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; 2 or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology -� as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical secu surveillance of critical infrastructure, and other national security purposes, video E surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua �t Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director i of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, E the government of a covered foreign country. 18. The Original Agreement, as amended, is hereby amended to add the following as 0 Paragraph 44.19, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, and shall U) read as follows: 44.19 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The co COUNTY and CONTRACTOR should, to the great extent practicable, provide a co co preference for the purchase, acquisition, or use of goods, products, or materials ' produced in the United States (including but not limited to iron, aluminum, steel, 5 cement, and other manufactured products). These requirements of this section must be 11 Packet Pg.680 C.11.a included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: a� (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; E aggregates such as concrete; glass, including optical fiber; and lumber. 19. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 48, UNCONTROLLABLE CIRCUMSTANCE, and shall read as follows: 48. UNCONTROLLABLE CIRCUMSTANCE. Anv delay or failure of either Partv to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event bevond such Partv's control, without such Partv's fault or neRliRence and that by its R nature could not have been foreseen by such Parry or, if it could have been foreseen, r_ was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, 9 hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authoritv prohibiting work in the ReoRraphic area of the Proiect,(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor 0) shall Rive Countv written notice within 7 days of anv event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated ' duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of anv Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The v, Countv will not pav additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. i 20. Except as set forth in Paragraphs 1 through 19 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as E amended, shall remain in full force and effect. 0 T_ cv CD REMAINDER OF PAGE INTENTIONALLY LEFT BLANK co SIGNATURE PAGE TO FOLLOW co CD 12 Packet Pg.681 IN WITNESS W OF,the parties have hereunto set their hands and seal,the day and year INS first written above. INS (SEAL) BOARD OF COUNTY COMMISSIONERS INS ATTEST. KEVIN MADOK, CLERK OF MO OE COUNTY,FLORIDA, U LESSOR E tJ y y Deputy Clerk Mayor Date cv cv c ADVANCE WATER TECHNOLOGY CO LESSEE f y Vitness ignature Si ature of person authorized to legally bind corporation Witness Printed game Print Name and Title 1 � Witness Signatureu INS Witness Printed Narne m-OWM COUNTY ATTORNEYS OFFICE\ M G PATRICIA AS "a TAP4T COUNTY AT70RNEY t)AM CD cv co co 13 Packet Pg.682 C.11.a E EXHIBIT "A" Davis-Bacon Wage Statement N N 0 T_ N CD u 14 Packet Pg.683 C.11.a "General Decision Number : FL20210022 07/09/2021 E Superseded General Decision Number : FL20200022 2 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 . 95 for calendar year 2021 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 . 95 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 i 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on E the contract does not appear on this wage determination, the 2 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 minimum 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 a 5 . 1 (a) (2) - ( 60 ) . Additional information on contractor requirements and worker protections under the EO is available at www. dol . gov/whd/govcontracts . co co CD Modification Number Publication Date E 0 01/01/2021 15 Packet Pg.684 C.11.a 1 01/22/2021 2 06/18/2021 3 07/09/2021 2 ELEC0349-003 09/01/2020 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 36 . 36 11 . 82 -------------------------------------------------------------- ENG10487-004 07/01/2013 E Rates Fringes cv OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 -------------------------------------------------------------- IRON0272-004 10/01/2020 0) Rates Fringes 2 IRONWORKER, STRUCTURAL AND REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 -------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 -------------------------------------------------------------- 0 * SFFL0821-001 07/01/2021 co N Rates Fringes co CD SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 20 . 55 E 16 Packet Pg.685 C.11.a -------------------------------------------------------------- E SHEE0032-003 12/01/2013 2 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 -------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes cv CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 c CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 i OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 E OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 a N SHEET METAL WORKER, Excludes co HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 co CD TRUCK DRIVER, Includes Dump and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 0 . 15 E 17 Packet Pg.686 C.11.a -------------------------------------------------------------- E WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . Note : Executive Order (EO) 13706, Establishing Paid Sick Leave E 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 i resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic E violence, sexual assault, or stalking . Additional information 2 on contractor requirements and worker protections under the EO is available at www. dol . gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) . -------------------------------------------------------------- N The body of each wage determination lists the classification and wage rates that have been found to be prevailing for theco cited type (s) of construction in the area covered by the wageco determination . The classifications are listed in alphabetical order of ""identifiers" " that indicate whether the particular E Ig Packet Pg.687 C.11.a rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate 2 (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or " "UAVG" " denotes that the union classification and rate were E 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 council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1 , 2014 . Union prevailing wage rates are updated to reflect all rate i changes in the collective bargaining agreement (CBA) governing this classification and rate . E Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate a that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average a calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next number, CO 007CO in the example, is an internal number used in producing the wage determination . 5/13/2014 indicates the survey completion E date for the classifications and rates under that identifier . 19 Packet Pg.688 C.11.a Survey wage rates are not updated and remain in effect until a new survey is conducted. 2 Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 E 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 . c 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. -------------------------------------------------------------- -- E WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be . * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling 0 On survey related matters, initial contact, including requests a 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 theco Davis-Bacon survey program. If the response from this initialco contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. E 20 Packet Pg.689 C.11.a With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : c 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 i payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . E 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . 0 ----------------------------------------------------------- -------------------------------------------------------------- co co cv END OF GENERAL DECISION" CD 21 Packet Pg.690 C.11.a E EXHIBIT `B" E, Byrd Anti-Lobbying Certification N N 0 T_ N CD u 22 Packet Pg.691 C.11.a APPENDIX A, 44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements 2 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of t� a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative E agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. E 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material �t representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this E transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official 0 Name and Title of Contractor's Authorized Official Date co co CD N 23 Packet Pg.692 C.11.a DISCLOSURE OF LOBE MG A , ITIE w _ r7c 7,_ FOBLM TO L0 3 G:gym",TP=,r-1 RURSUANIT TO 3' U&C ;,3m 52 la TI:pe Federal Astione> ,a tutus of Federal_ ctiom , Report Type: � e�.cm-tracI a.aud OffEr` l`icafm a.. l ai b. l b. ltia'nwwd b. Maleri3j Chas a ve a r. c. poll M?zd d. =em For,?4ldterial Champ Only e. lom, papa glee 1 e al gllm= 2 f" to inn e ;ate Tf E-t repo rt I. Name and Address of Rqorting Futity, S. Einter,Name.sudl,. address of Prime El_-atme Sulbam dee Tier if noxwn °gin ressi nal trite ni �;'e® ess a� 1 District,ifImo-m d. Federal l epart min°_ , : ''. Federal.Frn am A- °T►es€rjp a=n: W cv C'FDA umber„if aF licdtie ' An 9. Federal Actiam Numbin„if Imo-mn: p. Award Amo ,.ifk 10. a. Nmae.ani,k4dirm of Ljobby Entity b- 1ndhiduals Perfdr ic*.s (mclulng f; nii±aal,fail m e,firs-1.name,Ml" addr ms if Lfffeieel fro o. ]Casa y ('aETm e,Wit, ,MT" (adact Cautnuation S eei(g)ifneces ° 11. Amoumt of Payment(chKk axU that apply) 13. "Type of Payment(r . k axU that apply) � actu:ai faumed ❑ a.. reminer t. me-dmefee 11. Form of Payment(;check al]thot apply):: c. ccku hsicst I -1 a.. Cana d. cmdr-tent; ❑ . m-k�,'.. ec:f : nanze, e rad vahe f Other,Specify 14. Brief Description of Simn ces PerfeT 'or to b*per-for-med and ;ate(()of Sernc*,,inClIlIhMg ¢� Offlr S),,,a lG.. . ),.eT meu6hWsl carat rted,for Paymemt Imolicated in,BE,m 11: (aHach Car-linuatom Sheet(s)ifinecemq 15. Coutimuadam l ets)attached': Yes ❑ o ❑ ski=tire: ) T- %Mlmn&wimfw4lter.: Thu C[aru oi.-q—I li Prunt tV F=, f m' U S.C.'1352 'heel iuf=Z6 M%rL!l b4 CD tV CO dicLou .m_b4 UL motr01 s1 'afmat Los°tea CO SH'ADO Mcm 11100. =car each vah °n. Tei hoe o.:: Cate: Aulhomed,forL-ocai l epi :t Fe der al l-, Only: Sl lord Form-LLL. u 2- c Packet Pg.693 C.11.a INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. tJ 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. U .N 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier -� of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, N subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the N prime Federal recipient. Include Congressional District,if known. 0 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency uq name,if known. For example,Department of Transportation,United States Coast Guard. > 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal CL Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the �g application/proposal control number assigned by the Federal agency). Include prefixes,e.g., 'RFP-DE-90-001." � 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 0) 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entit (item 2 � 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material C( change report,enter the cumulative amount of payment made or planned to be made. �3 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and pp Y� p Ym g p �' :N value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. .N 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send E comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the .� Office of Management and Budget,Paperwork Reduction Project 0 U (0348-0046),Washington,D.C.20503. SF-LLI Instructions Rev.06-04-90«ENDIF» 0) 2-6d PART 2/COUNTY r N CD r 25 Packet Pg.694 Kevin Madak, CPA Irk f the Circuit Court� Comptroller—--Monroe County, Florida ' ,. Clerk o e C c R ty, DATE: August 21, 2020 TO: Aline St.eryou Contract Monitor m FROM: Pamela G. Hanc .C. r SUBJECT: August 19' BOCC Meeting Attached is an electronic copy of each of the ('allowing items for your liandling: C10 3rd Amendment to Agreement with Stockton Maintenance Group, Inc. for Lower Keys Janitorial Ser%ices;teriniliating janitorial services at.Bernstein Park;wide die monthly payment amount decreasing from $21,410.26 to $19,830.99 per inonth for all locations. Funding is ad valorem. C 13 1 st Amendment to Agreement with Advance Water Teclmology, Corp. to renew die Chemical Water"Testing and Treatment Ser-vices Contract for lire first renewal of one year; to remove a location; to update certain contract pros isions; and add Federal required pro-s isions. The new Inondily payment amount is $1,328.00, Funding is ad valorem. i Should you have any questions please feel free to contact me at (30.5) 292-3550. i c cc: Facilities SuperNisor CD Caunty Attorney tCD V Finance `V Fileco KEY WEST MARATHON PLANTATION KEY PKIROTH BUILOiNG 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 PlanjLbon Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg.695 C.11.b FIRST AMENDMENT TO AGREEMENT FOR CHEMICAL WATER TREATMENT AND TESTING SERVICES MONROE COUNTY, FLORIDA ) This First Amendment to Agreement is made and entered into this 19th day of August, 2020, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of . 06 Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE WATER TECHNOLOGY, CORP. ("CONTRACTOR"), a Florida corporation, whose principal address is 0) 7880 NW 176 Street, Miami, Florida 33015. WHEREAS, the parties hereto did on September 16, 2015, enter into an Agreement for Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original Agreement"); and WHEREAS, the County desires to exercise its option to extend the term of the Original Agreement for an additional one-year term pursuant to the terms of the Original Agreement; and WHEREAS, the County desires to remove one (1) location, the Key West Library, from the list of facilities which require monthly water treatment services and to adjust the monthly payment amount to the Contractor accordingly; and WHEREAS, the County desires to amend its Public Records compliance language in W accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to Sec. 119.0701, which became effective March 8, 2016, and any subsequent changes thereto; and " WHEREAS, the County desires to revise the financial records provision, non-discrimination, termination, and other clauses in its contracts and/or agreements to update and/or add current W revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement i to extend the term, remove a location for services, correct errors, and ensure compliance with the various clauses, and compliance with any Federal required contract provisions requirements; and E 2 CD WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and 0 WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement a 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: 1. Paragraph 5.D., PAYMENTS TO CONTRACTOR, of the Original Agreement, shall be N amended to terminate the monthly water treatment services for the Key West Library, at 700 Fleming Street, Key West, Florida, and thereby decreasing the monthly payment amount under the Original co CD Agreement in the amount of Thirty-three and 00'100 ($33.00) Dollars per month, for a total amended monthly payment amount for the services to all remaining buildings to be One Thousand Three Hundred Twenty-eight and 00°100 ($1,328.00) Dollars. i Packet Pg.696 C.11.b 2. In accordance with Paragraph 6. TERM OF AGREEMENT, of the Original Agreement, the 0) County exercises its option to renew the Original Agreement for the first of the five (5) one-year terms. This renewal term of the Original Agreement shall commence on September 11, 2020, and ends upon September 10, 2021, unless terminated earlier under paragraph 20 of this Agreement. 3. Paragraph 7, ACCEPTANCE OF CONDITIONS BY CONTRACTOR of the Original Agreement shall be amended to rename the heading of Paragraph 7 and to delete the paragraph in its entirety and said paragraph shall be replaced with the following: a E 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 4. Paragraph 8, FINANCIAL RECORDS OF CONTRACTOR, of the Original Agreement, shall be amended to rename the heading of Paragraph 8 and to hereby delete the paragraph and replace the following in its entirety as Paragraph 8: 8. MAINTENANCE OF RECORDS 03 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. 0 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 e 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 to substantiate charges related to this agreement, and allco other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations E 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 2 Packet Pg.697 C.11.b Owner's representative and/or agents of Owner. Owner may also conduct 0) 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. E 5. Paragraph 9, PUBLIC ACCESS, of the Original Agreement is hereby deleted in its entirety and shall be replaced with the following as Paragraph 9: 9. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to °3 Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision LUi in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract, the E Contractor 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 N contractor does not transfer the records to the County. co (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy 3 Packet Pg.698 C.11.b any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County M shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon °3 violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a °' reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custodyrelease alter destro or otherwise dispose of any public records unless or otherwise provided W in this provision or as otherwise vrovided by law. IF THE CONTRACTOR HAS _ QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN(4�MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111„12TH STREET, SUITE 408, KEY WEST, FL 33040. Q 2 6. Paragraph 10, HOLD HARMLESS, INSURANCE AND LIMITATION OF LIABILITY, of the Original Agreement is hereby deleted in its entirety and shall be replaced with the following as Paragraph 10: E 10. HOLD HARMLESS INDEMNIFICATION DEFENSE AND INSURANCECD Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any co CD 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 that may be asserted against, initiated with respect to, or sustained by, any . ....... __... 4 Packet Pg.699 C.11.b indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this 2 Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby `= and shall further defend any claim or action on the County's behalf. X The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to 'a comply with the requirements of this section shall be cause for immediate termination <1 of this agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold c harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, W but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained CD in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. co Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a ww Packet Pg.700 C.11.b WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $500,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are 5200.000.00 per person, 5300,000.00 per occurrence, and 5200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with o, limits of liability of not less than S500,000.00 per aggregate occurrence combined U single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $300,000.00 per person, $500,000.00 E per occurrence, and $200,000.00 property damage CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies N provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such i insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S i COMPENSATION. CD 2 CD 7. Paragraph 13, NONDISCRIMINATION, of the Original Agreement is hereby amended to delete the current paragraph 13 and replace it in its entirety with the following paragraph, to include Federal Required Contract provisions, if applicable: 13. NONDISCRIMINATIONIEOUAL EMPLOYMENTOPPORTUNITY A. CONTRACTOR and COUNTY agree that there will be no discrimination against e 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, co effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as a 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 _. w.u..... Packet Pg.701 C.11.b 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 a 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 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. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, 0) Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial W 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, <1 Department of Labor), see 2 C.F.R. Part 200, Appendix II,' C, agrees as follows: o 0) 1) The CONTRACTOR will not discriminate against any employee or applicant for 2 employment because of race, color, religion, sex, sexual orientation, gender c identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during E 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 N N CONTRACTOR agrees to post in conspicuous places, available to employees andco 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 Packet Pg.702 C.11.b 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 c 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 E for purposes of investigation to ascertain compliance with such rules, regulations, 2 and orders. c 0 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 E contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in E 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 immediatelyco 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 E September 24, 1965, so that such provisions will be binding upon each 8 .uudw. ....._ ._. .....� . . . w�. Packet Pg.703 C.11.b 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. E 8. Paragraph 18, NOTICE REQUIREMENT, of the Original Agreement, is hereby deleted and the following paragraph is replaced in its entirety as Paragraph 18: 18. NOTICE REQUIREMENT 2 Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt requested, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the E manner provided in this paragraph. Notice shall be sent to the following addresses: FOR COUNTY: FOR CONTRACTOR: Monroe County Advance Water Technology, Corp. Facilities Maintenance Department 7880 NW 176 Street `- 3583 South Roosevelt Blvd. Miami, FL 33015 X Key West, FL 33040 and County Attorney l 111 12111 Street, Suite 408 Key West, FL 33040 9. 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 c 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. N B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so with neither party co CD 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 terns, 0) the COUNTY retains the right to terminate this Agreement. The COUNTY may also 9 Packet Pg.704 C.11.b terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail 0) 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 a 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 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 E 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 sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay W CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds LU 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 i Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines that E the Contractor/Consultant has submitted a false certification under Section 287.l35(5), 2 Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel c 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 03 and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.l35(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.l35(4), Florida Statutes, are met. CD 10. Paragraph 25, ADJUDICATION OF DISPUTES OR DISAGREEMENTS of the Original 40 N Agreement is deleted in its entirety and replaced with the following paragraph: co 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County 10 Packet Pg.705 C.11.b and Contractor. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. 11. The Original Agreement is hereby amended to include the following paragraph identified as Paragraph 41, BACKGROUND CHECKS / FINGER PRINTING, as follows: E 41. BACKGROUND CHECKS/FINGER PRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background ru check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. °3 The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best a interest of the County. It is the responsibility of the Contractor to inform the Facilities 0) Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. LU Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check: i D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office c ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. N Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one co of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its Packet Pg.706 C.11.b occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 12. The Original Agreement is hereby amended to include the following paragraph identified as E Paragraph 42, ENTIRE AGREEMENT, as follows: 42. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 13. The Original Agreement is hereby amended to include the following paragraph identified as Paragraph 43, FINAL UNDERSTANDING, as follows: 43. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be UI modified or replaced except by another written and signed agreement. 14. The Original Agreement is hereby amended to include the following identified as Paragraph 44, FEDERAL CONTRACT REQUIREMENTS, Paragraphs 45, 46, and 47, to include the following Federal Required Contract Provisions, if applicable: i 44. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 44.1 Clean Air Act (42 U.S.C. §7401-7671g.) and the Federal Water Pollution Control E Act (33 U.S.C. U1251-1387). 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 Waterco 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. Packet Pg.707 C.11.b 44.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000, 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 2 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 2 (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 E 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 LN 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 i 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 E U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, 2 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 5 appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime a 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. co CD 44.3 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 W awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. § 3702 and 3704, as supplemented by Department of 13 . _.w .w.... Packet Pg.708 C.11.b 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. 2 44.4 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 2 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. 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR �l80.220) must not be made to parties listed on the government wide exclusions W 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. 44.6 Byrd Anti-Lobbying Amendment 31 U.S.C. 1352). CONTRACTORS that apply or i 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 E organization for influencing or attempting to influence an officer or employee of any agency, 2 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. a 44.7 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 co CD 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 14 Packet Pg.709 C.11.b procurement program for procurement of recovered materials identified in the EPA guidelines. Other Federal and/or FEMA and/or Florida Emergency Management Requirements (as applicable): 44.8 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. 44.9 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 2 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. 44.10 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. N 44.11 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: (1.) Cooperate with any compliance review or complaint investigation conducted by DHS; (2.) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be i 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 E maintain appropriate backup documentation to support the reports. 2 44.12 Federal Government not a party to contract. CONTRACTOR acknowledges that the c 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. 44.13 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. N 44.14 Compliance with Federal Law, Regulations, and Executive Order. This is an co CD acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, W FEMA policies, procedures, and directives. Packet Pg.710 C.11.b 44.15 Disadvantaged Business Enterprise $DBEd Policy and Obligation.. It is the policy of �ryr. 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. §200.321. 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. , 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,, .2 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 E 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 LN 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 i enterprises; V. Using services and assistance, as approoriate, of such organizations as E the Small Business Administration and the Minority Business Development Agency of 2 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. 44.16 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 N Contractor. CD N co 45. The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency 0) Management(Division) found at the following link on the Monroe County web page: 16 Packet Pg.711 C.11.b fits s: www.monroggounU%zfl.e 'ttle:-ngrant greenu nt 46. The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 47. 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 E Agreement,to the extent allowed and required by law. Z 15. Except as set forth in Paragraphs i through 14 of this First Amendment to Agreement, in all °' other respects, the terns and conditions set forth in the Original Agreement, remain in full fore and `U effect. WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year above. BOARD OF COUNTY COMMISSIONERS KEVIN MADOK CLERK OF MONROE C NT FLORIDA By By _ As Deputy Clerk May c� �i Date 'T '-° - - CONTRACTOR: ADVANCE WATER o TECHNOLOGY,CORP. Witness Signature Signature of person authorized to legally 2 bind corporation 0 r c+-`Aq Witness PyAn Ad Name Print Name and Title W Witn Signature ��.` / _. . . . MONQOE coUHTY ATrORNEY'S Witness Printed Name AS TO cCD nV cv PAi"RKAA= AMSTANT COUMY oo DATE; l7 Packet Pg.712 U) 06 EXHIBIT 66A99 E DAVIS BACON WAGE DETERMINATION E E E E E E U- CD C44 CD C44 a) T- co E u ......................---------------------.......... ................................................. ...................... t8 I Packet Pg. 713 Page 1 C.11.b "General Decision Number: FL20200022 05/15/2020 , Superseded General Decision Number: FL20190022 > State: Florida CD Construction Type: wilding y County: Monroe County in Florida. 06 BUILDING CONSTRUCTION PROJECTS (does not include single family � homes or apartments up to and including 4 stories) . Note: Cinder Executive Order (EO) 13658, an hourly minimum wage h® 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 $10.80 per hour (or the applicable wade m rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contrast does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate W will be adjusted annually. Please note that this ED applies to � the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) ( )- (60) . Additional information on contractor requirements and worker protections under the EO is available at www,dol.gov/whd/govcontracts.. Mc,dificatiron Number Publication Date 0 01/03/2020 1 05/15/2020 E ELEC0349-003 09/02/2019 0 Rates Fringes ELECTRICIAN. . .. . . . . ,, ,, . . . . . k , , , , . . ,$ 35,36 12,77 -------------------------------------®_--------------__________- ENGI0487-004 07/01/2013 W Rates Fringes OPERATOR: Crane CD All Cranes Over 15 Ton N Capacity. . . . , . . . . . . , ., . , , . . , ,$ 29,00 $1.50 cV Yard Crane, Hydraulic co Crane, Capacity 15 Ton and Under. . . . . . _ _ . . . . _ . . . . _$ 22.00 8,80 ---------------------------------------------------------------- IRON0272-00 10/01/2019 Rates Fringes https:"/beta.sam.gov,l"wage-determination/FL202000221 L?index—wd&keywords-&is—active... packet Pg.714 Page 2 C.11.b IRONWORKER, STRUCTURAL AND � REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 25.49 11.99 Q ------PAIN0365-004 08/01/2019 ) Elates Fringes Ch PAINTER. Brush Only. — . . . . . .$ 20.21 11 .28 06 aFFLO821-001 01/01/2020 Rates Fringes SPRINKLER FITTER (Fire � sprinklers} , . . . , 3 . « S 29,18 19,75 2 ----------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HV'AC Duct Installation) . . . . . . . . . . . . . . .. . „$ 23,50 12,18 SUFL2009-059 05/22/2009 Rates Fringes CA.RPENTER. . . . . . . . . . . . . . . . . . . . . .. . .$ 15.08 5,07 CEMENT SCAN/CONCRETE FINISHER, . . 12 .45 0.00 � FENCE ERECTOR. . . . _ . . . . . . . . . . . . .$ 9,94 0,00 �I LABORER: Common or General. . $ 8. 62 0.00 LABORER; Pipelayer. . . 4 . .. . . , , , . .$ 10,45 0.00 � OPERATOR. Backhoe/Excavator.. . . . .$ 16,98 0.00 I OPERATOR: Pager (Asphalt, Aggregate, and Concrete) . . . , , —$ 9.58 0.00 � OPERATOR: Pump. . . . . . . . . . . . . . . . .$ 11.00 0,00 � PAINTER;: Roller and Spray. . . . . . .$ 11.21 0.00 PLUMBER. . . . . . , 12,27 3.33 (1) C,CF Built Up, Comp sition, Hot 'Tar and Single Ply. . . S 14 ,33 &0A0 c� SHEET" METAL WORKER, Excludes I4VAC pint Installation. . . . . . . . . . .$ 14.41 3sCi' c� TRICK DRIVER, Includes Crump and 10 Yard Haul Away. . . , . . . . , . .$ 8,00 0115 r WELDERS - Re eive rate prescribed fox, craft performing � operation tc which welding is incidental. https:e/beta.sam.govtfwage-determination/FL202000221`1?index-wd&keywords-&is_active... packet Pg.715 Page 3 C.11.b Mote: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the � Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year; Employees must be permitted to use paid sick leave for their 06 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 ECG is available at www,dol.gov/whd/gavcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) = ---------------------------------------------------------------- The body of each wade determination 'ists the classification and wage rates that have been found to be prevailing f� r the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order r.pf ""identifiers""' that indicate whether the particu'ar �I rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers � A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than """"SLIM'" or "°'UAVG'­' denotes that the union classification and rate were � prevailing for that classification in the survey. Example, 0) PLUM0198-005 07/01/2014 , PLUM is an abbr viati :>n identifier of � the union which prevailed in the survey for this classification; which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, � 005 in the example, is an internal number used in processing the wage determination., 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. c� Union prevailing wage rates are updated t :b reflect all rate changes in the collective bargaining agreement (CSA) governing this classification and rate. cv Survey Rate Identifiers co CD Classifications listed under the "'I'SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all https://beta.sam.gov/wage-determination/FL20200022/1?index=wd&keywords=&Is_active... Packet Pg.716 Page 4 C.11.b rates reported in the surveys it may include both union and non-union rates. Example-, SULA2012-007 5/13/2014, SU indicates � the rates are survey rates based on a weighted average 2 calculation of rates and are not majority rates. :LA indicates � the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion W date for the classifications and rates under that identifier. 06 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 M that no single majority rate prevailed for those classifications, however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-CH-0010 2 08/29/2014 . UAVG indicates that the rate is a weighted union E average rate. OH indicates the state. the next number, 0010 in the example, is an internal number used in producing the wade determination, 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. 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. cv X --------_----___-____-___.--------------------------- ---------- �I WAGE DETE INAT'I,:.`N APPEALS PROCESS 1. ) Has there been an initial decision in the matter? this can be: an existing published wage determination a survey underlying a wage determination ' a Wage and Hour Division letter setting forth a position on a wage determination matter � a conformance (additional classification and rate) ruling On survey related ratters, initial c<aontact, 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 Reginnal ?ffices have responsibi ity 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 folly)wed. c� With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the CD Branch of Construction Wage Determinations. Write tit CD Branch of Construction Wage Determinations co r Wage and Hour Division CD U.S. Department of Labor' 200 Constitution Avenueo N.W. Washington, DC 20210 2. ) If the answer to the question in 1.) is yes, then an https:Hbeta.sam.gov/wage-determination/FL20200022/1?index=wd&keywords=&is active... Packet Pg.717 Page 5 C.11.b interested party (those affected by the action) can request review and reconsideration from the Wage and Flour Administrator � (See 29 CFR Part 1.8 and 29 C;FR Part 7) , Trite to, U Wage and Four Administrator U.S. Department of Labor 200 Constitution Avenue, NSW. Washington, DC: 20210 0) 06 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project descriptiono area practice material, etc.) that the reguestor 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 stage Appeals Board) . Write to: Administrative Review Board 2 U.S. Department of Labor E 200 Constitution Avenue, N.W. Washington EEC 20210 4, ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" cv x �I I 0 tt7 CD N CD co https:�t/beta.sam.govifwage-determination/FL20200022/1?index-wd&keywords—&is active... Packet Pg.718 C.11.b VENDOR CERTIFICATION REG UT E COMPANIES LISTS .2 Project Description(s):_Chemical Water"Treatment Services for Monroe County Respondent Vendor Name: Advance Water Technology,Corp Vendor FEIN: 41-2113877 06 Vendor's Authorized Representative Name and Title: Maria Morales, Secretary Address: City:_Hialeah State:—Florida Zip:_33015 Phone Number: 305-828-5616 Email Address: mm.awt@earthlink.net 2 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or m renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in m Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified U above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that w Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a i false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. c Certified By:_Maria Morales who is authorized to sign on behalf of the above referenced company. Authorized Signature: _ -14 Print Name: Maria Morales c� Title: Secretary CD Note: The List are available at the following Department of Management Services Site: `CD V N '/www.dms.m,5a vf'lorida.com/busine -- .. era�u`? 4f ate. �PaC 3 ,r end, ,infor nation/convicted sus -- - U Packet Pg.719 EnM ACCOR" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE , BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE 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 endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laurie M Diaz N Diaz Insurance Agency, INC A/CNNo Ext: (239)765-6571 a/c No: (239)765-5214 100 Island Cottage Wa E-MAIL g y ADDRESS: diazi'nsurance@comcast.net 06#20OF INSURER(S)AFFORDING COVERAGE NAIC# St.Augustine FL 32080 INSURERA: WESTERN WORLD INS CO 13196 INSURED INSURERB: PROGRESSIVE EXPRESS INS CO 10193 ADVANCED WATER TECHNOLOGY INSURERC: STATE NAIL INS CO INC 12831 7880 NW 176 St INSURER D INSURER E: Miami FL 33015 INSURERF: 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 PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH Q CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDD/YYYY MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR PREMISES Ea occurrence $ 50,000 MED EXP(Any one person) $ EXCL A X EVP100232601 11/26/2019 11/26/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000R P�vl CV POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT U OTHER: $ W AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED X 05720206-8 04/11/2020 04/11/2021 BODILY INJURY(Per accident) $ ¢° AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ U UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS-MADE EVX100232701 11/26/2019 11/26/2020 AGGREGATE $ 1,000,000 DED RETENTION$ PR/COMP OPS AGG $ 2,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N N/A AMX-181-0001-002 10/01/2019 10/01/2020 W (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is named additional insured on all general liability and automobile policies. I' 7 " 6/1/2020 u_ CD CERTIFICATE HOLDER ANCELLATION oo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ¢ Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD packet Pg.720 AMY NFAVIIIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA DATE: October 23, 2015 TO: Kevin Wilson Director of Public Works and Engineering ATTN: Giselle Lopez/Bob Stone - FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller Mat p At the September 16, 2015 Board of County Commissioner's meeting the Board granted approval and execution of Items: C40 A License Agreement with the Key Largo Merchants Association, Inc. to hold the Key Largo Stone Crab & Seafood Festival at Rowell's Marina on January 30 to January 31, 2016. The CD county will receive five (5)percent of the cumulative gross revenues for the event. c VC41 Contract with Advanced Water Technology, Corp. for "Chemical Water Treatment and Testing Services". i Enclosed is a duplicate original of the above mentioned executed on behalf of Monroe County for your handling. Should you have any questions,please feel free to contact me. u3 T- cc: County Attorney Finance File E 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax.,305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet;Pg.721 C.11.c Chemical Water Treatment and Testing Services AGREEMENT CHEMICAL WATER TREATMENT AND TESTING SERVICES MONROE COUNTY,FLORIDA 06 This (5) five year Agreement is made and entered into this 16'h day of September, 2015, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of E Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Advance Water Technology, Corp. ("CONTRACTOR"), a Florida corporation, whose address is 7880 NW 176 e� Street, Hialeah, FL 33015. a, WHEREAS, COUNTY desires to have inspection, testing, maintenance and treatment services for cooling tower and chilled water systems located in Monroe County; and 2 WHEREAS, CONTRACTOR desires and is able to provide inspection, testing, �? maintenance and treatment services for cooling tower and chilled water systems located in Monroe County; and E WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide inspection, testing, maintenance and treatment services for cooling tower and chilled water systems located in Monroe County, now therefore, W IN CONSIDERATION of the mutual promises and covenants contained herein, it is c agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the proposal documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK: A. Provide extensive monthly water chemical treatment services that include but are not limited to all testing, chemicals, reagents, analysis reports, equipment operation checks, feed station checks and chemical refills whereby County personnel do not have to handle any chemicals. 1. Own, inspect, maintain and provide all chemical feed equipment at no cost to the Owner. Maintain chemical feed stations in a professional, clean, 0 safe and compliant manner. Update chemical feed equipment as T technology advances. Maintain on-site Log Books and MSD Sheets. 2. On a quarterly basis, collect and analyze samples of the treated water for planktonic and sessile bacteria counts per the chart below along with legionella counts. Provide to the Owner testing results with interpretation Page 1 of 15 Packet;Pg.722 C.11.c Chemical Water Treatment and Testing Services of results and corrective action on a quarterly basis for all cooling tower systems. Target Values Routine Treatment of Cooling Water Systems06 °® Agar Ponr Parameter Dipslides Plate or Microscopic Petrifilm Exam Planktonic <10 000 <10 000 No higher life Counts(Bulk CFU/mL CFU/mL forms Z, Water) Sessile 76 <100,00( <I00,00( No higher life 2 Counts CFU/cm CFU/cm1 forms (Surfaces) Deposits NA NA No higher life forms Note: Results from dipslides, agar pour plates, or Petrifilm are colony forming units (CFU per milliliter or per square centimeter) of W total aerobic heterotrophic bacteria. Legionella bacteria are not detected by these c conventional plate count media. Microscopic examination for the presence of higher life forms requires a trained microscopist °® and specialized microscopy equipment. 3. Maintain low levels of algae and bacteria in all cooling tower systems with alternating biocide treatments and biodispersants. Microbial populations are to be properly controlled and kept numerically as low as possible. Review chemical control of the treatment, adjust the feed, and control equipment based on analytical results. Bacteria target values are noted in 0) the chart above. Biocide types and levels shall be indicated on your monthly report. 4. Maximize energy efficiency by ensuring the cleanliness of all heat transfer surfaces through additives that control corrosion, deposits and fouling. LO Maintain adequate Scale Inhibitor levels of all cooling tower and closed loop systems. Inhibitor types and levels shall be indicated on your monthly report. Provide up to ten gallons of closed loop water treatment per system per year. Page 2 of 15 Packet;Pg.723 C.11.c Chemical Water Treatment and Testing Services 5. Maintain 4 to 6 chloride water cycles of concentration for cooling tower .2 systems. CD 6. Inspect each system and associated equipment and report conditions on a routine monthly basis. Provide additional routine site-visits if necessary to maintain systems within established parameters. Provide up to four additional non-routine/emergency site visits per year. Educate and advise plant personnel on proper maintenance of the systems. E 7. Contractor is to provide a monthly service report for each system. e� Minimum constituent readings with acceptable ranges included within the report shall be Cl, total hardness, ph, p. alkalinity, in. alkalinity, Organophosphate, Conductivity, Total Dissolved Solids, Temperature, Chloride Cycles, Total Aerobic Bacteria, Water Clarity, and Nitrite. 2 Condition of systems, chemicals used, chemical concentrations, excessive system water loss, any observed abnormal operating conditions and contact with on-site personnel shall also be noted. 8. 24-Hour Emergency Service - 7 days a week: Technicians to respond twenty-four hours a day, seven days a week to ensure proper and reliable operation of systems as designated for the facilities listed in Paragraph 5.13 below. In the event of an operational failure, emergency response time W shall be no greater than eight (8) hours from County notification to be on site. CD 0 9. The contractor shall warrant that the chemicals used in the water treatment program shall not endanger the health or safety of persons being exposed °® to them and shall not damage personal or real property when used in accordance with the vendor's instruction for use and disposal of chemicals. 10. All chemicals used must meet all required EPA regulation (local, state and federal) and used in the proper dilution rates. The contractor shall provide double containment in compliance with local and state regulation for the chemicals supplied. 11. Load, haul and properly dispose of all generated debris. The Scope of Work shall at a minimum, includes all work shown and detailed above. LO The Contractor is required to provide complete services as described in the scope of T_ work. The Contractor shall furnish all labor, supervision, transportation, materials, (0 power, tools, equipment, supplies, engineering and any other means necessary or proper for performing best practices and completing the Scope of Work, unless otherwise specifically stated. Page 3 of 15 Packet;Pg.724 C.11.c Chemical Water Treatment and Testing Services The Contractor shall be responsible for complying with regulations, approvals, and permitting by: Monroe County, Monroe County Growth Management, Monroe County Building Dept., Fire Marshall, Municipalities, and any other permitting or regulatory agencies as applicable. 3. QUALITY ASSURANCE PROGRAM The Contractor shall meet the Owner on a semi-annual basis to evaluate system performance and Owner's satisfaction with the quality of service that is being provided. Contractor is to schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. Contractor shall compile and submit to the Owner for review, all proposed maintenance, testing and treatment protocols as E recommended by the Contractor and supported by peer group best practices along c, with all chemical data sheets. The Contractor shall provide a single point of contact with 24/7 accessibility. 4. ADDITIONAL SERVICES A. Additional services may include any County facility and may include but not be W limited to testing and treatment of potable and non-potable water systems along with cooling tower maintenance and cleaning. For normal working hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays, shall be $30.00 per hour for technician and shall be $40.00 per hour for technician and helper. B. Emergency service calls (above four per year) after hours stated above, including holidays, shall be $40.00 per hour for technician and shall be $50.00 per hour for technician and helper. C. The cost of parts (excluding freight and sales tax) shall be the manufacturers cost plus i 25 %. Freight, engineering, permits, equipment and sales tax will be reimbursed at the amount charged only. The manufacturer's invoice must accompany all requests for payment for any part, which exceeds $500.00, and may be requested at the discretion of the Contract Administrator, or their designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Contract Administrator, or their designee, for any 0 freight charge, regardless of the cost associated therewith. LO cv 5. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent m upon annual appropriation by the Board of County Commissioners. Page 4 of 15 Packet;Pg.725 C.11.c Chemical Water Treatment and Testing Services B. COUNTY shall pay in accordance with the Florida Local Government Prompt .2 Payment Act. Invoices for scheduled services will be paid on a monthly schedule in arrears. Payment will be made after completion of scheduled services and upon submission of a proper invoice and required documentation by CONTRACTOR. Payment for additional services will be made after acceptable completion and upon submission of a proper invoice by CONTRACTOR. 06 C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion of the work by the CONTRACTOR and approval by an appropriate COUNTY representative. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, 76 Florida Statues Section 218.735 — D. The following buildings require monthly water treatment services: Murray E Nelson Government Center 102050 Overseas Highway, Key Largo, FL-------------------------------------------$ 175.00 per Month Monroe County Medical Examiner—Crawl Key 56639 Overseas Highway, Marathon, FL--------------------------------------------$40.00 per Month cv Harvey Government Center c 1200 Truman Avenue, Key West, FL--------------------------------------------------$40.00 per Month Juvenile Justice Building 5505 College Road, Key West, FL------------------------------------------------------$40.00 per Month Monroe County Sheriff's Office Administration Building 5525 College Road, Key West, FL------------------------------------------------------$ 175.00 per Month Monroe County Detention Center on Stock Island 5501 College Road, Key West, FL------------------------------------------------------$550.00 per Month Jackson Square Complex 500 Whitehead St., Key West----------------------------------------------------------$275.00 per Month Key West Library 700 Fleming Street, Key West, FL-----------------------------------------------------$33.00 per Month LO Gato Building 1100 Simonton Street, Key West, FL------------------------------------------------$33.00 per Month Total per Month-----------$ 1,361.00 Page 5 of 15 Packet;Pg.726 C.11.c Chemical Water Treatment and Testing Services The total monthly service amount of contract shall be One Thousand Three Hundred 2 Sixty-One Dollars ($1,361.00) for an annual amount of Sixteen Thousand Three Hundred Thirty-Two Dollars ($16,332.00). Total Compensation to CONTRACTOR for additional services and repairs under this Agreement shall not exceed $25,000.00 per year unless pre-approved emergency work requiring additional funds is implemented. Contractor shall submit all invoices with the Application for Payment. There shall be no additional charges to the Owner for travel, mileage, meals, or lodging. E M 6. TERM OF AGREEMENT 2 Z This (5) five year Agreement shall commence on October 1, 2015, and ends upon September 10, 2020, unless terminated earlier under paragraph 20 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional five (5) one-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of five(5)years. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban W Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U annualized computation at December 31 of the previous year. c 0 7. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 8. FINANCIAL RECORDS OF CONTRACTOR i CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting 0) principles consistently applied. Each party to this Agreement or their authorized 2 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 CONTRACTOR pursuant to this LO Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. , 9. PUBLIC ACCESS Page 6 of 15 Packet;Pg.727 C.11.c Chemical Water Treatment and Testing Services Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: A. Keep and maintain public records that ordinarily and necessarily would be CD required by Monroe County in the performance of this Agreement. B. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does 06 not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. °3 All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 10. HOLD HARMLESS,INSURANCE AND LIMITATION OF LIABILITY Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the W COUNTY's elected and appointed officers and employees harmless from and against (i) any third-party claims, actions or causes of action, (ii) any litigation, administrative o proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any reasonable costs or expenses that may be asserted against, initiated with respect to, or °® sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or(C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. LO The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Page 7 of 15 Packet;Pg.728 C.11.c Chemical Water Treatment and Testing Services Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY .2 Certificates of Insurance indicating the minimum coverage limitations in the following w amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employer's Liability coverage in the amount of $500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $500,000.00 bodily injury by disease, each employee. COMMERCIAL AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per aggregate occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. °3 Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per aggregate occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $300,000.00 per person, $500,000.00 per occurrence, and $200,000.00 property damage. W MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND AUTOMOBILE POLICIES. CERTIFICATES OF INSURANCE: Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. i 11. NON-WAIVER OF IMMUNITY a, Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of LO liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. INDEPENDENT CONTRACTOR Page 8 of 15 Packet;Pg.729 C.11.c Chemical Water Treatment and Testing Services At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, sub-contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 13. NONDISCRIMINATION CONTRACTOR agrees 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. CONTRACTOR 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 °3 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) W The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the c 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 V1II 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 COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. i 14. ASSIGNMENT/SUBCONTRACT a, CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject . to such conditions and provisions as the Board may reasonably deem necessary. This 0 LO paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 15. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS Page 9 of 15 Packet;Pg.730 C.11.c Chemical Water Treatment and Testing Services In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, 06 ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess E proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 16. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have 2 no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Section 112.311, et. seq., Florida Statutes. 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. W COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for CD it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. i 17. NO PLEDGE OF CREDIT W CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of 2 payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 18. NOTICE REOUIREMENT T- CD cv Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to the following: Page 10 of 15 Packet;Pg.731 C.11.c Chemical Water Treatment and Testing Services FOR COUNTY: FOR CONTRACTOR: Monroe County Public Works Pete Robinson a, Middle Keys Operations—Stock Island Jail 7880 NW 176 Street 5501 College Road Hialeah, Florida 33015 S Key West, FL 33040 And County Attorney Post Office Box 1026 Key West, FL 33041-1026 19. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. °3 CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. cv 20. TERMINATION 0 A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. The COUNTY may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 21. GOVERNING LAW,VENUE,INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the 0) State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 0 22. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal Page 11 of 15 Packet;Pg.732 C.11.c Chemical Water Treatment and Testing Services proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 23. SEVERABILITY a 06 If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a °3 valid provision that comes as close as possible to the intent of the stricken provision. 24. ATTORNEY'S FEES AND COSTS .E COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to W reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the o 0 prevailing party or not, through all levels of the court system. 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. 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 COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by 0) Florida law. 2 26. COOPERATION In the event any administrative or legal proceeding is instituted against either party LO relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the ' substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 12 of 15 Packet;Pg.733 C.11.c Chemical Water Treatment and Testing Services 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 28. AUTHORITY E 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. 29. CLAIMS FOR FEDERAL OR STATE AID 2 CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, �? seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. PRIVILEGES AND IMMUNITIES cv All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits c 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. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 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. .� 32. NON-RELIANCE BY NON-PARTIES T cv No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, Page 13 of 15 Packet;Pg.734 C.11.c Chemical Water Treatment and Testing Services 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. 33. ATTESTATIONS 06 °® CONTRACTOR agrees to execute such documents as the COUNTY may reasonably E require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or E agreement of any member, officer, agent or employee of Monroe County in his or her °3 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. 35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be W 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 c counterpart. 36. 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. 37. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any LO public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 38. MUTUAL REVIEW Page 14 of 15 Packet;Pg.735 C.11.c Chemical Water Treatment and Testing Services This agreement has been carefully reviewed by Contractor and the County therefore; this agreement is not to be construed against either party on the basis of authorship. 39. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this 06 contract agreement. 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the M County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to 2 the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. L) BOARD OF COUNTY COMMISSIONERS Y HEAVILIN, CLERK OF MO ROE COUNTY, FLORIDA o By: ' putt' rk Mayor ate: 9 /L5 Date: Witnesses for CONTRACTOR: i Signature of person authorized to Signature legally bind Coloration Date: 76 Date Print Name IAKFP��— LO Address: 1 a NW l (_S l- Signature ��� 15 33 & s Date Telephone Number ROfC ' ,; Y PP U F • aV1Page 15 of 15WP - ir�rg— > ws_Y Date __ Zo IS packet;Pg.736 C.11.c MONROE COUNTY PUBLIC WORKS AND ENGINEERING PROPOSAL TO: Monroe County Public Works 10600 Aviation Blvd. Marathon,FL 33050 Z 2 9Y, Corp dvance Water Technology, PROPOSAL FROM: P 7880 NW 176 St 76 Hialeah, FL 33015 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the services of: CHEMICAL WATER TREATMENT AND TESTING SERVICES E and having carefully examined the site where the Work is to be performed, having W become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, o ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, technicians mechanics, superintendents, tools, material, equipment, chemicals, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he i understands the conditions under which the Work is to be performed. The proposer shall assume the risk of all costs and delays arising from the existence of any subsurface or E other latent physical condition, which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten (10) 0 calendar days after the date of issuance to the undersigned by Owner of the Notice to T_ Proceed. Once commenced, undersigned shall diligently continue performance until completion of the contract term. , The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Proposal in words shall control. This proposal is valid for 120 calendar days from submittal due date. Murray E Nelson Government Center 102050 Overseas Highway, Key Largo, FL-------------------------------------------$ 175.00 per Month Packet;Pg.737 C.11.c Monroe County Medical Examiner—Crawl Key 56639 Overseas Highway, Marathon, FL--------------------------------------------$ 40.00 per Month Harvey Government Center 1200 Truman Avenue, Key West, FL--------------------------------------------------$ 40.00 per Month Juvenile Justice Building 5505 College Road, Key West, FL------------------------------------------------------$ 40.00 per Month 06 Monroe County Sheriff's Office Administration Building 5525 College Road, Key West, FL------------------------------------------------------$ 175.00 per Month m Monroe County Detention Center on Stock Island 5501 College Road, Key West, FL------------------------------------------------------$ 550.00 per Month Jackson Square Complex 500 Whitehead St., Key West----------------------------------------------------------$ 275.00 per Month Key West Library 700 Fleming Street, Key West, FL-----------------------------------------------------$ 33.00 per Month Gato Building 1100 Simonton Street, Key West, FL------------------------------------------------$ 33.00 per Month m Total Proposal per Month-----------$ 1,361.00 cv Total Proposal per Year--------------$ 16,332.00 0 0 One Thousand Three Hundred Sixty One Dollars. � (Total Base Proposal-words) $ 1,361.00 (Total Base Proposal—numbers) Additional Services: 1. Labor—normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: PROPOSAL PRICE: $ 30.00 PER HOUR, TECHNICIAN 03 PROPOSAL PRICE: $ 40.00 PER HOUR, TECHNICIAN PLUS HELPER 2. Labor—overtime rate for hours other than normal working hours stated above, including holidays: PROPOSAL PRICE: $ 40.00 PER HOUR, TECHNICIAN PROPOSAL PRICE: $ 50.00 PER HOUR, TECHNICIAN PLUS HELPER 3. Materials—Supplies and Replacement Parts: PROPOSAL PRICE: Manufacturer's Invoice plus 25 % LO CD Mailing Address. 7880 NW 176 St Phone Number: (305)828-5616 Date: 8/4/15 Signed: z ° Title: Secretary (Name) Page 2 of 2 Packet;Pg.738 C.11.c NON-COLLUSION AFFIDAVIT Maria Morales of the city of Hialeah accordingto law on my oath,and under penalty of perjury,depose and say that: l. I am Secretary 06 ¢, of the firm of Advance Water Technology,Corp the bidder making the Proposal for the project described in the Notice for Calling for bids for. Water Treatment Services and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion,consultation,communication or agreement for °3 the purpose of restricting competition, as to: any matter relating to such prices with any other bidder or with any competitor, 3. unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other m bidder or to any competitor,and 4. no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, W or not to submit,a bid for the purpose of restricting competition; CD 5. the statements contained in this affidavit are true and co c correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 11 J, 8/4115 (Signature of Bidder) (Date) STATE OF: Florida COUNTY OF: Miami-Dae i PERSONALLY APPEARED BEFORE ME,the undersigned authority, who, after first orn by me,(name of individual signing)axed his/her signature in the space provided above on this y ► day of_ 2015 LO cv NOTARV PUBLI My Commission Expires: _ Wan vA UEt NMI PWft-SWI41 Fluid . *an&bpwn Apr 30.tole ComoIw o•aE I Mie � �Iee11 krMraq Aap. Packet;Pg.739 C.11.c LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY.FLORIDA ETHICS CLAUSE Advance Water Technology, Corp. warrants that hest has not employed,retained or otherwise had act on hisrts behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the a, contract or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration paid to the former County officer or employee. E (Signature) Date: y/g(,j- cv STATE OF 09- oa 0 0 COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, 911 Gin.., gn c/n who,after first being sworn by me,affixed his/her signature(name of individual signing)in the space provided above on this 411" day of 20 l S . i NOTARY PUB C My commission expires: OfALI 3,), a G 1 2 VAMM AM OMB-MCP FORM#4 W�DowAP� MrtIM tMttNW ,l, N Packet;Pg.740 C.11.c DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that v, Advance Water Technology, Corp 06 (Name of Business) 1.Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. o 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is W available in the employee's community,or any employee who is so convicted. CD 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. bidder's Signature o 8/7/15 Date L T_ c� co OMB-MCP#5 0 Packet;Pg.741 C.11.c Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Q Worker's Compensation Statutory Limits Employer's Liability $500,000/$500,000/$500,000 General Liability $500,000 Combined Single Limit or $300,000/$500,000/$200,000 Vehicle Liability $300,000 Combined Single Limit or cu $200,000/$300,000/$200,000 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims, actions or causes of action, (ii)any litigation,administrative proceedings, appellate proceedings,or 03 other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption,and (iii)any costs or expenses that may be asserted against, initiated with respect to,or sustained by,any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the term of this AGREEMENT, (B)the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the W 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 negligent acts in part o or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than o CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for above. i The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere m within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S/RESPONDENT'S STATEMENT76 I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. LO CD cv Maria Morales Bidder/Respondent Signature` Packet;Pg.742 C.11.c INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTB�.ES � y ODD y fls�2o'�� _g Sono . / 2 Liability policies are v Occurrence Claims Made a� 1e2 =jj% jZpm) epty �f Insurance Agency Signature m Print Name: Is cv c 0 i LO cv Packet;Pg.743 C � CERTIFICATE 4F LIABILITY INSURANCE r DATE( C.11.c 8/I4/2015 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RKWS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BPL= THIS CERTIFICATE OF IiUMNCB DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NWRER(Sj AUTHORIZED RPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE FOLDER. IIEORTANT: E the cerIff ale Folder h an ADDITIONAL INSURED.the PONCy(Ies)must he erMorsmi I SUBROGATION E WAIVED.=d*ed to ale terms sod eondftm of the poky.cataln pok les may require an eralonwoent. A stdomerd on this oartlflcate does not confer dgtft to the � e, -IN, holder In Neu of such s} PRODUCwt CD Diaz Insurance Agency . 23 7656571 No 397655214 - PO Box 127 � Fort Myers Beach, FL 33931 a Arroeoea ro�MAoa � 06 eISIIRw INSURER A: 1368 INSURE:8:PROORESSM INSURANCE Cowin 10193 ADVANCE WATER TECHNOLOGY INSURER c:EVANSTON INSURANCE COMPANY 35378 7980 1NW 176 ST INSURERD: w HIALEAH, FL 33015 INS 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 NNDI ATED. NOTWITHSTANDM ANY REGUFA34ENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE 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.LLws SHOWN MAY HAVE BEEN REDUCED BY PAID CIANNS. ru LTR TYPE OF INSURANCEWID Me OWAMM OLWK eff POLICY NUS LarnS X cosa16"L owe"L waurr EACH OCCURRENCE $ ¢ CLAIMS MADE OCCUR -00 PREMISES Es $ E MED EXP(My one pwwn) f A 000601141 1/26/14 1/26/15 PERSONAL&ADVIN.IURY $ 0 000 GEL AGORMATE Z LlMrr APPLIES Ply: X GENERAL AGGREGATE S 2,000,000 RP OL1LY® C�LOC PRODUCTS-COMP OP AGO S 07HM2,000,000 s W ALrraMaeILELIAeuTr s 1,000 000 ANYAUTO BODILY INJURY(Per Person) $ D B nitro 05720206-8 4/11/15 4/11/16 io eooe.Y NAM(wr N s HE WNEo X Helm AUTOS AUTOS s s w I�aLA B EACH OCCURRENCE $ 1,000,000 C otcEss LIAR CLANS-MAW XOVA761814 1/26/14 11/26/15 s 1,000,000 Om RETENnON f f vllDmsBls TIDN FIER AND EMPLOYERS!Ld181L1rY olh- VIM STATUTE ER U A"' TPVED WISNAGEMENr E.L.EACHACCIDENTEIIa� alOpiOFD7 M/AY}l�0e�eipe EL.OLSE/1SE-EA EMPL S OPERATIONS Oelorr �YEL.DISEASE-POLICY LMMT sDATE WAI DESCRpTION OP6tATK)NS r LocATKXts/VDIKXM (ACORD 101.AddNbnW Remerb Sdw",nu Es aeached d moro specs ie required) CD C` MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS NAMED ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND AUTOMOBILE POLICIES. N CERTIFICATE HOLDER CANCELLATION Monroe County 1100 Simonton 3t SHOULDANY of THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL. BE DELIVERED IN Rey West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. ALM-IORMED REPRESEKTATIVE • s' 01 OW2DI3 ACORD CORPORATION. AN rV is reeved. ACORD25(2013104) The ACORD name and klgo are r1110111tered marks of ACORD Packet;Pg.744 C.11.c ADVAN-1 CERTIFICATE OF LIABILITY INSURANCE ­DATE,1 1" 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. 2 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to 0) 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 endorseme s. PRODUCER CONTACT NAME: Customers Rule Ins.Agency PHONE Ax 1005 NE 125th St,#202 A/C No Ed: AIC No): North Miami,FL 33161 MAIL Lynn Ramon ADDRESS: 06 INSURERS)AFFORDING COVERAGE NAIL/ INSURER A:*Bridgefield Employers Ins Co 10701 INSURED Advance Water Technology,Corp INSURER B: Maria Morales 7880 NW 176 St INSURER C: Hialeah,FL 33015 INSURER D: 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 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. (� LTR TYPE OF INSURANCE POLICY NUMBER M 1DOf EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea acarrerrce E C CLAIMS-MADE OCCUR MED EXP(Arty one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: E 3 K GEMENT PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC E W AUTOMOBILE LIABILITY COMBINED SINGLE LIMNT CD Ea accident _ $ O ANY AUTO ATE BODILY INJURY(Per person) $ AUTOS AUTMED OS SCHEDULED WAIVER NIA4 Y S_ BODILY INJURY(Per accident) $ NON-01I MED PROPERTY DAMAGE HIRED AUTOS AUTOS PER ACCIDENT $ !U $ UMBRELLA LU►B OCCUR EACH OCCURRENCE $ 4!D!:DT 00 ESS W16 CLAIMS-MADE AGGREGATE $ RETENTION$ $ U MPENSATIONI AND MPLO RS LIABI Y i N X TNCY LI�T- OE H- A ANY PROPRKERSRIETOR/PARTNER/EXECUTIVE 0196-19605 02/24/2015 02/24/2016 E.L.EACH ACCIDENT $ 1,000900C > OFFICER/MEMBER EXCLUDED? -1 N/A _ (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ two'= I If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E 100,000 C !y CD !U !y DESCRIPTION OF OPERATIONS/LOCATONS/VEHICLES(ARach ACORD 107,Addkional Runwks Sehadrrle if more space la requNed) Water treatment consultants. r N CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESEWATNE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Packet;Pg.745