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2nd Amendment 03/16/2022 DATE: March 18, 2022 TO: Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk th SUBJECT: March 16 BOCC Meeting Attached are copies of the following items for your handling: C2 2nd Amendment to Agreement with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County, for a 7% CPI-U increase, clarifying ductwork and piping insulation repair and replacement work rates, renew for the first of two optional one-year renewals, and update contract provisions. Funding is ad valorem. C4 3rd Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance & Service, for a one-year renewal, a 7% CPI-U increase, and changes to contract provisions. Funding is ad valorem. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File 1 Monroe County Chiller MaintenanceAgreement SECONDAMENDMENTTOAGREEMENTFOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA This Second Amendment to Agreement is made and entered into this16thday of March 2022, between MONROE COUNTY, FLORIDA (“COUNTY”), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and AIR MECHANICAL& SERVICECORP.(“CONTRACTOR”), a Florida corporation,whose principaladdress is 4311 W. Ida Street, Tampa, Florida 33614, and whose address for purposes of this Agreement is 2700 Avenue of the Americas, Englewood, Florida 34224. WHEREAS,the parties hereto did on March21, 2019,enter into an Agreement for Chillers Maintenance and Service, Monroe County, Florida(hereinafter “Original Agreement”); and WHEREAS, on July 15, 2020, the Board of County Commissioners (“BOCC”)approved a First Amendment to Agreementto revise the maintenance of records provision, non- discrimination, and termination clauses in its contracts and/or agreement to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the parties desire to amend the Original Agreement to revise the Scope of Work to include additional services for Ductwork and PipingInsulationrepair andreplacement, to increase payment amounts in accordance with the CPI-U increase of 7%, to renew the Original Agreement for an additional one-year period, and add or modify additional provisions and certain Federal Required Contract Provisions; and WHEREAS, the parties have found the Original Agreement, as amended,to be mutually beneficial;and WHEREAS,the CONTRACTOR agrees and consents to such revisions in its Original Agreement; and WHEREAS, the parties find it would be mutually beneficial to amend itsOriginal Agreement and enter into this Second Amendment to Agreement; NOW,THEREFORE, IN CONSIDERATIONof the mutual promises and covenants set forth below, the parties agree as follows: 1.Paragraph 2, SCOPE OF WORK,of the Original Agreement is hereby amended to revise the Scope of Work in order to include services for Ductwork and Piping Insulation repair and replacement and said Paragraph 2of the Original Agreementshall be deleted in its entirety and replaced with the following paragraph: 2.SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and/or services shown and listed in Exhibit “A –Revised”, which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated 2 Monroe County Chiller MaintenanceAgreement by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. See Exhibit “A –Revised” 2.In accordance with Paragraph 5 D,Payments to Contractor,of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract is hereby amended with an effective date of April 1, 2022, and shall be as follows: Labor –Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidaysshall increase from $80.00per hourto $85.60formechanic, andfrom$125.00per hourto $133.75, for mechanic plus helper. The Overtime rate for hours other than the normal working hours as stated above, including holidays, shall increase from $100.00per hourto $107.00formechanic, and$130.00per hourto $139.10formechanic plus helper. Ductwork and Piping Insulationrepair and replacementwork shall beinvoiced at the same hourly rates as a mechanic ($85.60) and mechanic plus helper ($133.75) for Normal working hours and Overtime rates,as amechanic ($107.00) and mechanic plus helper ($139.10). All other provisions of Paragraph 5 D., not changed herein, remain the same. 3.Paragraph 6 of the Original Agreement, as amended, provides that 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-Uadjustment on December 31, 2021,was seven percent (7%)and the effective date of the change in hourly rates shall becomeeffective onApril 1, 2022. 4.In accordance with the Original Agreement, Paragraph 6,Term of Agreement,the County shall exerciseitsoption to renew the OriginalAgreement for the first oftwo (2)optional one-year periods.This one(1) year renewal optionshall commence on April 1, 2022, and ends uponMarch 31, 2023, unless terminated earlier under Paragraph 20 of the Original Agreement. 5.Paragraph 13, NONDISCRIMINATION,of the Original Agreement, as amended, is hereby amended to delete the current paragraph 13 as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 13.NONDISCRIMINATION/EQUAL EMPLOYMENTOPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, 3 Monroe County Chiller MaintenanceAgreement effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of 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, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to EqualEmployment Opportunity,and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1)The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or 4 Monroe County Chiller MaintenanceAgreement 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 furnishinformation. 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’ representativeof the CONTRACTOR’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5)The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6)The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7)In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this contract or with any of the saidrules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contractsor federally assisted construction contractsin accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies 5 Monroe County Chiller MaintenanceAgreement 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 uponeach 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. 6.Paragraph 18, NOTICE REQUIREMENT,of the Original Agreement, as amended, is hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 18.NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sentby United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY:FOR CONTRACTOR: Monroe County AirMechanical & Service, Facilities Maintenance DepartmentCorp. 123 Overseas Highway –Rockland Key2700 Avenue of the Americas KeyWest, FL 33040Englewood, FL 34224 and County Attorney th 1111 12Street, Suite 408 Key West, FL 33040 6 Monroe County Chiller MaintenanceAgreement 7.Paragraph 20, TERMINATION,of the Original Agreement, as amended, is hereby amended to add subparagraph F as follows, with all other provisions of Paragraph 20, A through E, to remain the same: 20.TERMINATION F.For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(4), Florida Statutes, are met. 8.Paragraph 25, ADJUDICATION OF DISPUTES OR DISAGREEMENTS,of the Original Agreement, as amended, is hereby amended to delete the current paragraph 25, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 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 the parties. The CONTRACTOR and COUNTY representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraphs 13 or 20 concerning termination or cancellation. 9.Paragraph 37, PUBLIC ENTITY CRIME INFORMATION STATEMENT,of the Original Agreement, as amended, is hereby amended to delete the current paragraph 37, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 37.PUBLICE ENTITY CRIME INFORMATION STATEMENT “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and 7 Monroe County Chiller MaintenanceAgreement may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 10.Paragraph 43.1,Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387, as amended), of the Original Agreement,as amended,is hereby amended to delete the current paragraph 43.1as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.1Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387, as amended).Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251- 1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance providedby FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 11.Paragraph 43.2,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 43.2, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.2Davis-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 Applicableto 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 8 Monroe County Chiller MaintenanceAgreement of the current prevailing wage determination issued by the Department of Labor in each solicitation(attached hereto as Exhibit “B-Revised” to Original Agreement and made a part hereof). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security 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 insituations where the Davis-Bacon also applies, must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirementsof 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i)Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. ii)Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii)Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti- Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a 9 Monroe County Chiller MaintenanceAgreement representative of a Federal or State agency in charge at the site of the building or work. 12.Paragraph 43.3,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 43.3, as set forth in the First Amendment to Original Agreement, and replace it in its entirety with the following paragraph: 43.3Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 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. 3704are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative 10 Monroe County Chiller MaintenanceAgreement 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 sameprime 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 setforth in paragraphs 29 C.F.R. 5.5 (1) through (4). 13.Paragraph 43.5,Debarment and Suspension (Executive Orders 12549 and 12689), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.5, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.5Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a “covered transaction” (see 2 C.F.R.§180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 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 and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, aswell as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractor’sprincipals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the 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 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. 11 Monroe County Chiller MaintenanceAgreement 14.Paragraph 43.6,Byrd Anti-Lobbying Amendment (31 U.S.C. §1352), of the Original Agreement, as amended, is hereby amended todelete the current paragraph 43.6, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.6Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant,or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takesplace in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached heretoasExhibit “C”to Original Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 15.Paragraph 43.7,Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322, of the Original Agreement, as amended, is hereby amended todelete the current paragraph 43.7, as set forth in theFirst Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.7Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §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 EnvironmentalProtection Agency (EPA) at 40 C.F.R.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 $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines 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. 12 Monroe County Chiller MaintenanceAgreement 16.Paragraph 43.13, DHS Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.13, as set forth in theFirst Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.13DHS Seal, Logo, and Flags.Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 17.Paragraph 43.14, Compliance with Federal Law, Regulations, and Executive Order, of the Original Agreement is hereby amended to delete the current Paragraph 43.14, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.14Compliance with Federal Law, Regulations, and Executive Order.This is an 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. 18.The Original Agreement, as amended,is hereby amended to add the following Paragraph 43.17,Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322, and shall read as follows: 43.17Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §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 EnvironmentalProtection Agency (EPA) at 40 C.F.R.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 $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines 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. 13 Monroe County Chiller MaintenanceAgreement 19.The Original Agreement, as amended,is hereby amended to add the following as Paragraph 43.18,Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R.§ 200.216, and shall read as follows: 43.18Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R.§ 200.216.Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in PublicLaw 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 20.The Original Agreement, as amended,is hereby amended to add the following as Paragraph 43.19, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, and shall read as follows: 43.19Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 14 Monroe County Chiller MaintenanceAgreement 21.The Original Agreement, as amended,is hereby amended to add the following as Paragraph43.20,No Obligation by Federal Government,and shall read as follows: 43.20No Obligation by Federal Government.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 22.The Original Agreement, as amended,is hereby amended to add the following as Paragraph 43.21,Program Fraud and False or Fraudulent Statements or Related Acts,and shall read as follows: 43.21Program 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. 23.The Original Agreement, as amended, is hereby amended to add the following as Paragraph 47,ETHICS CLAUSE,and shall read asfollows: 47.ETHICS CLAUSE “CONTRACTOR warrants that it had not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, orotherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee.” 24.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 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrestin the geographic area of the Project; (d) government order or lawin 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 authorityprohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor’s financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or 17 Monroe County Chiller MaintenanceAgreement EXHIBIT “A –REVISED” SCOPE OF WORK 18 Monroe County Chiller MaintenanceAgreement EXHIBIT “A”-REVISED SPECIFICATIONS: The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four (24) hour service. The Owner shall reimburse the Contractor for the manufacturer’s invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental) plus agreed uponpercentage(%)of mark up, used in repair of County owned and maintained HVAC Chiller systems. Manufacturer’s invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials,whether the part is under warranty or not, freight invoices must accompany requests for payment. 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. Supervisionand Inspection of Work Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems that may arise will be taken care of promptly, the Contractor will maintain a twenty-four (24) hour telephone contact,seven (7) days per week,for the receipt of any complaints and/or addressing any issues. Random inspections shall be performed by County Representatives from the Facilities Maintenance Directoradministering the contracts. Deficiencies shall be corrected within a twenty-four (24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result inaprorated deduction from the monthly invoice. SCOPE OF WORK: The Contractor shall furnish maintenance and repairs, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same for the following: 19 Monroe County Chiller MaintenanceAgreement CHILLER SYSTEMS AND LOCATIONS BUILDINGLOCATIONCHILLERTONS 500 Whitehead Key West Jackson Square1 - Daiken100 St., Key West 500 Whitehead Key West Jackson Square1 - York100 St., Key West 1200 Truman Harvey Government Center1 - Daiken100 Avenue, Key West 1100 Simonton Gato Building1 - Daiken100 Street, Key West 1100 Simonton Gato Building1- Carrier100 Street, Key West Monroe County Detention 5501 College Rd., Daiken87 Facility - HeadquartersKey West Monroe County Detention 5501 College Rd., 2 - Daiken300 FacilityKey West Monroe County Detention 5501 College Rd., Facility - Department of 2 - Carrier80 Key West Juvenile Justice 3301 Overseas Medical Examiners OfficeHighway, 1 - Daiken60 Marathon 102050 Overseas Murray E. Nelson Government Highway, Key 1 - Carrier96 Center Largo B. Repair and Maintenance for HVAC Chillers 1. Service Levels a) The service level that Monroe County will be seeking is level 1 service, which includes monthly, quarterly, and annual maintenance, as recommended by the manufacturer. b) The specific service steps are listed in the manufacturer’s service guidelines for each make and model of chiller unit. 20 Monroe County Chiller MaintenanceAgreement c) In addition, the Proposer will quote the cost, where appropriate, to return each chiller to full manufacturer’s operating condition. This is defined as the ability to operate chillers and its performance parameters in order to achieve the highest efficiency of the unit and provide energy savings through its highest performance possible. 2.Bid prices shall include all scheduled inspections and maintenance needed to complete service. Should Monroe County require additional services or items provided by Contractor,but said services and/or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the contract parameters will be adhered to by the Contractor. 3.Corrective Maintenance -Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. 4.The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any Chiller system malfunction within four (4) hours of verbal, written,or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract,shall provide a contact person and phone number for building and equipment access. 5. The Contractor shall have access to a supply ofall parts and controls normally necessary for the emergency repairs of all County Chillers so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the manufacturer’s invoice cost of all parts and materialsplus thirty-five percent (35%)(except freight, tax, services supplied by others, and equipment rental), used in the repair of all County maintained Chiller systems. Manufacturer’s invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials, whether the part is under warranty or not,freight invoices must accompany requests for payment. 6.Annual Maintenance is defined as: a) Centrifugal Chillers (Carrier) i.Customer Notification of Unit Maintenance ii.Initial Site Inspection iii.Lock Out Tag Out Chiller 21 Monroe County Chiller MaintenanceAgreement iv.Electrical Inspection v.Meg Motor A Motor Terminals vi.Control Panel Calibration Check vii.High Pressure Refrigeration Leak Check Inspection viii.Condenser Tube Brushing,Including Head Removal ix.Check Head Operation x.Oil Analysis Per Circuit Generic xi.Compressor Oil Level Check xii.Manual Log b) Air Cooled (Trane and Daiken) i.Customer Notification ii.Initial Site Inspection iii.Review Diagnostics iv.Lock Out Tag Out At Main Disconnect v.Electrical Inspection (RTA) vi.Compressor Starter Inspection vii.Flow/Differential Mechanical Switch Check viii.Remove Lock Out Tag Out At Main Disconnect ix.Condenser Fans Check RTA Per Circuit x.Condenser Coil Check xi.Oil ReturnOperation Check per Circuit xii.Oil Level Check (Screw Machines) Per Circuit xiii.Oil Analysis Per Circuit xiv.Low Temperature Sensor Calibration xv.Control Panel Calibration Check xvi.Leak Test Inspection (Positive Inspection) xvii.Coil Cleaning Solution (Applied) xviii.Start Unit xix.Compressor Check (HeliRotor Compressors) xx.Compressor and Oil Seperator Heater Check xxi.Techview/Kestrel View Connection xxii.Run Service Report From Kestrel View xxiii.Techview/Kestrel View Disconnection xxiv.Complete Required Paperwork 22 Monroe County Chiller MaintenanceAgreement 23 Monroe County Chiller MaintenanceAgreement 24 Monroe County Chiller MaintenanceAgreement C.CHILLER REPAIR AND MAINTENANCE Inspection A visual inspection of every device in the “List of Equipment” will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Maintenance The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained chiller systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer’s invoice cost of all parts and materials (except freight, tax, services supplied by others and equipment rental, which are reimbursed as charged with no markup), used in the repair of all County maintained chiller systems. Manufacturer’s invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. D.MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN In the event of a major component failure or system breakdown, the County, when deemed as an emergency situation, shall have the option to request from the Contractor only, a proposal/quote for replacement equipment in an amount that could exceed Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($4,999.99). Any proposal over Five Thousand and 00/100 Dollars ($5,000.00), up to and including Ten Thousand and 00/100 Dollars ($10,000.00), must be approved and signed by the DepartmentDirector and/or the County Administrator. Any proposal over Ten Thousand and 00/100 Dollars ($10,000.00), up to and including Forty-nine Thousand Nine Hundred Ninety- nine and 99/100 Dollars ($49,999.99), must be approved and signed by the DepartmentDirector and the County Administrator. E.INSULATION AND DUCTWORK Maintenance and Repair ofthe chillers, pumps and cooling towerssystems shall includeDuctwork and Piping Insulationinspection, repair and replacementwork. Insulatingpipingand ductwork throughoutMonroe County buildingsshall be conductedon an ongoingmonthly basis.Written Proposals will be provided to the Contract Monitor for insulation work estimated to be over One Thousand and 00/100 Dollars ($1,000.00)for approvalprior to the commencement of saidwork. 25 EXHIBIT “B –REVISED” DAVIS-BACON WAGES STATEMENT 26 EXHIBIT “C” BYRD ANTI-LOBBYING CERTIFICATION 27 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 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 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 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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, 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 representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file 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. Authorized Official Date Page 102 of 106 Page 103 of 106 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. 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. 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, 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 prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal 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 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 (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that 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. 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 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 (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04- 90«ENDIF» PART 2/COUNTY 2-6d Page 104 of 106 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Eryn Zak NAME: FAX PHONE Lassiter-Ware Insurance(800) 845-8437(888) 883-8680 (A/C, No): (A/C, No, Ext): E-MAIL 1300 N. Westshore BlvdErynZ@lassiterware.com ADDRESS: Suite 110 INSURER(S) AFFORDING COVERAGENAIC # TampaFL33607The Continental Insurance Company35289 INSURER A : INSURED National Fire Insurance Company of Hartford20478 INSURER B : Air Mechanical & Service Corp.Builders Mutual Insurance Company10844 INSURER C : 4311 W. Ida St.Scottsdale Insurance Company41297 INSURER D : INSURER E : TampaFL33614-7665 INSURER F : 22-23 Master COVERAGESCERTIFICATE 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) Contractual Liability15,000 MED EXP (Any one person)$ AXCU IncludedY607939199501/01/202201/01/20231,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ Approved Risk Management PRO- 2,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 $ (Ea accident) ANY AUTO 12-22-2021 BODILY INJURY (Per person)$ OWNEDSCHEDULED BY607939201501/01/202201/01/2023 BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY PIP - Basic10,000 $ UMBRELLA LIAB 5,000,000 OCCUREACH OCCURRENCE$ A EXCESS LIAB Y607939203201/01/202201/01/20235,000,000 CLAIMS-MADEAGGREGATE$ 10,000 DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ CN N / A WCP10681360201/01/202201/01/2023 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ CLAIM LIMIT1,000,000 CONTRACTORS POLLUTION DVRS000563101/01/202201/01/2023GENERAL AGGREGATE2,000,000 CONTRACTORS PROFESSIONAL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Chillers All supporting endorsement(s) and policy form(s) attached, if any, comprise the Certificate of Liability Insurance in its entirety. Please review these endorsement(s) and policy form(s) as certain coverage provided by them may only apply when a written contract or agreement between the parties requires such coverage be provided. Monroe County Board of County Commissioners, is included as additional insured under the terms and conditions of the General Liability and Auto Liability policies, only when additional insured status is required by written contract. Umbrella Liability extends over the underlying General Liability, Automobile Liability and Employers’ Liability Policies. The attached page(s) noting additional terms, conditions, coverage and/or comments applies CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 2798 Overseas Highway, AUTHORIZED REPRESENTATIVE Suite 300 MarathonFL33050 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: Pageof ADDITIONAL REMARKS SCHEDULE AGENCYNAMED INSURED Air Mechanical & Service Corp. Lassiter-Ware Insurance POLICY NUMBER CARRIERNAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 25Certificate of Liability Insurance: Notes FORM NUMBER:FORM TITLE: Air Mechanical & Service Corp. Certificate Notes for Policy Term 1/1/2022 to 1/1/2023 All supporting endorsement(s) and policy form(s) attached, if any, comprise the Certificate of Liability Insurance in its entirety. Please review these endorsement(s) and policy form(s) as certain coverage provided by them may only apply when a written contract or agreement between the parties requires such coverage be provided. General Liability: 1. Blanket Additional Insured applies only when required by written contract including Ongoing Operations and Products & Completed Operations per Form #CNA75079 (10/16). 2. Blanket Waiver of Subrogation applies only when required by written contract per Form #CNA74705 (01/15). 3. Primary & Non-Contributory only when required by written contract per Form #CNA75079 (10/16). 4. General Aggregate Limit Applies Per Project per Form #CNA74705 (01/15). Automobile Liability: 1. Blanket Additional Insured and primary non-contributory wording applies only when required by written contract per Form #CNA63356 (04/12). 2. Blanket Waiver of Subrogation applies only when required by written contract per Form #CNA63359 (04/12). Workers’ Compensation: 1. Blanket Waiver of Subrogation applies only when required by written contract per Form #WC000313. 2. Worker’s Compensation is a statutory coverage mandated by State Law. As such, coverage is primary and non-contributory. Umbrella: 1. General Liability, Automobile and Employers Liability are listed in the underlying schedule on the Umbrella policy. 2. Follow form to the underlying, Additional Insured by written contract, Primary & Non-Contributory wording, and Waiver of Subrogation. General Information: 1. The General Liability policy contains no specific residential exclusions 2. The certificate notes shown above reference the following policies: 6079391995, 6079392015, WCP106813602 and 6079392032 ALL COVERAGE IS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. 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