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Item C07 C.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: C.7 Agenda Item Summary #10752 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of Third Amendment to Agreement with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment Services contract for the third renewal of one (1) year, apply a CPI-U increase of 7%. The new monthly payment amount is $1,440.85. Funding is Ad Valorem. ITEM BACKGROUND: Advance Water Technology Corp. ("Advance Water")provides chemical water treatment and testing services for Monroe County. This Third Amendment to Agreement with Advance Water seeks approval to exercise the third of five (5) optional one (1) year renewals and provide for the annual CPI-U increase. This renewal term would commence on September 11, 2022, and terminate on September 10, 2023. 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, 2021, was 7%. The contract monthly amount will thus be increased from $1,346.59 to the new monthly payment amount of$1,440.85 for the County buildings provided for in the Agreement. The hourly wages for Additional Services during normal working hours or for emergency services will also increase by the 7%. The annual amount of this contract, based on the new rate, will be $17,290.20, for the monthly services. The total compensation for additional services and repairs shall not exceed $25,000.00 per year. PREVIOUS RELEVANT BOCC ACTION: August 18, 2021 BOCC approved the Second Amendment to Agreement to renew the Original Agreement for the second 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. 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 Packet Pg. 326 C.7 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 and Testing Services in Monroe County with Advance Water Technology, Corp. CONTRACT/AGREEMENT CHANGES: Third Amendment for Chemical Water Treatment& Testing Services, Second optional one (1)year renewal with a 7% CPI-U increase for the service rates and monthly charges for County buildings. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 08-18-2021 Item C-11 MT 8546 Second Amendment_AWT_Executed 08192020 First Amendment to Agreement_Advance Water—Exec 09162015 Original Agreement—Advance Water Technology 08-17-2022 Third Amendment—Water Testing Agreement—Advanced Water (Revised Final legal stamped) FINANCIAL IMPACT: Effective Date: 9/11/2022 Expiration Date: 09/10/2023 Total Dollar Value of Contract: $42,290.20/year Total Cost to County: $42,290.20 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 —Pending BOCC approval 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 Third Amendment will exercise the third 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 Packet Pg. 327 C.7 requiring additional funds is implemented. The total monthly service amount is $1,440.85 for an annual amount of$17,290.20. None 09/11/20 101-20505 - CORRECTION FACILITIES $651.60 7% monthly increase 09/11/20 001-20501 FACILITIES MAINTENANCE $479.52 7% monthly increase Total: $1,131.12 REVIEWED BY: Patricia Eables Completed 08/02/2022 3:03 PM William DeSantis Completed 08/02/2022 3:04 PM Purchasing Completed 08/02/2022 4:52 PM Budget and Finance Completed 08/02/2022 4:55 PM Brian Bradley Completed 08/02/2022 5:11 PM Lindsey Ballard Completed 08/02/2022 5:12 PM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 328 C.7.a cauxr� °°ip Kevin Madvk, CPA . troller— M nr Coun Florida ,�;.�- Clerk of the Clreult Court 8� Compa oe ty, U) 06 DATE: August 27, 2021 TO: Alice Steryou Contract Monitor FROM: Sally M. Ahrams, D.C. E SUBJECT: August 18, 2021 13UCC Mceting U Attaclied, fi)r your handling, is an electronic copy ot'ltein C 11, Second Amendment to E 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. Should you have any questions, please 1Cel lrcc to contact me at ext. 3.550. Thank you. x i a 0 E a 0 c� LO 00 cc: c; County Attorney E Finance File 00 00 c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key.Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 329 C.7.a SECOND AMENDMENT TO AGREEMENT FOR CHEMICAL WATER TREATMENT AND TESTING SERVICES MONROE COUNTY, FLORIDA 06 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 of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE a 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 Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original E Agreement"); and U WHEREAS, on August 19, 2020, the Board of County Commissioners ("BOCC") approved the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional one-year renewals and update certain contract provisions; and 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 c� 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 Wi required contract provisions; and i WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement, as amended, to either revise in order to update and/or add other Federal required contract provisions ,E 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 0 a� WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and enter into this Second Amendment to Agreement; 00 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants sets forth below, the parties agree as follows: U E 1. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original i Agreement, the County exercises its option to renew the Original Agreement for the second of the five (5) one-year terms. This renewal term of the Original Agreement shall commence on September N 00 11, 2021, and ends upon September 10, 2022, unless terminated earlier under paragraph 20 of this Agreement. Q 2. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original E 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 330 C.7.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%. 0 3, In accordance with Paragraph 4.A., ADDITIONAL SERVICES, of the Original 06 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 the hours stated above, including holidays, shall increase from $40.00 per hour to $40.56 per hour for a technician, and shall increase from $50.00 per hour to $50.70 per hour for a technician and a helper. 5. In accordance with Paragraph 5.D., PAYMENTS TO CONTRACTOR, of the E 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: D. The following buildings require monthly water treatment services: Murray Nelson Government Center 102050 Overseas Highway, Key Largo, FL $ 177.45 per month x Monroe County Medical Examiner-Crawl Key 56639 Overseas Highway, Marathon, FL $ 40.56 per month Harvey Government Center 1200 Truman Ave., Key West, FL $ 40.56 per month E E Dept. of Juvenile Justice Building 5503 College Rd., Key West, FL $ 40.56 per month c� Monroe County Sheriff Administration Building 5525 College Rd., Key West, FL $ 177.45 per monthLO ®0 Monroe County Detention Center on Stock Island i 5501 College Rd., Key West, FL $ 557.70 per month U Jackson Square Complex 500 Whitehead St., Key West, FL $ 278.85 per month �i N Gato Building `0 00 1100 Simonton St., Key West, FL $ 33.46 per month 00 Q Total Per Month $ 1,346.59 E 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 331 C.7.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- 0 approved emergency work requiring additional funds is implemented. 06 6. Paragraph 13, NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 13 as set forth in the First Amendment, and replace it in its entirety with the following paragraph: 13. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the X 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 E 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 0 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 L00 O 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 Acts of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to U 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 Q 00 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. Q During the performance of this Agreement, the CONTRACTOR, in accordance with E 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 332 C.7.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 II, ¶ C, agrees as follows: 06 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender E identity, or national origin. The CONTRACTOR will take affirmative action to 2 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 E 0 recruitment advertising; layoff or termination; rates of pay or other forms of a compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and E applicants for employment, notices to be provided setting forth the provisions of u 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 X against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the i 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 ,E 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 0 furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the 00 CONTRACTOR'S legal duty to furnish information. i 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 U understanding, a notice to be provided advising the SAID labor union or workers' representative of the CONTRACTOR'S commitments under this section, and shall N� post copies of the notice in conspicuous places available to employees and N 00 applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of Q 4i September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E c� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 4 Packet Pg. 333 C.7.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 0 06 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 said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the 3: CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 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 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; wi 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 7. Paragraph 44.1, Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), of the Original Agreement, as amended, is hereby 08 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: LO 00 44.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution i Control Act (33 U.S.C. §§1251-13 87). CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air U Act, as amended, (42 U.S.C. §§7401-7671q) and the Federal Water Pollution E Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to ®i FEMA/Federal Agency and the appropriate Regional Office of the N Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 00 It- §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 00 U.S.C. §§1251-1387) as amended, applies to Contracts and subgrants of Q 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 E part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 334 C.7.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 06 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 paragraph: 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 E for the construction, alteration, or repair (including painting and decorating) of public U buildings or public works, awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit"A" and made a part hereof). The decision to award a contract or subcontract must be conditioned upon the acceptance Wi 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 E Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port d Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance 0 Program), the CONTRACTORS, in contracts for construction or repair work above LO $2,000 in situations 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 00 Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building 2 or Public Work Financed in Whole or in Part by Loans or Grants from the United It- States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited U from inducing, by any means, any person employed in the construction, completion, or E repair of public work, to give up any part of the compensation to which he or she is ®i 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. § C� 00 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, 00 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. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 335 C.7.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 06 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 a 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 representative of a Federal or State agency E 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- 2 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: W 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 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 u en 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 LO 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 i 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, U 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 c� part of the contract work which may require or involve the employment of 00 laborers or mechanics shall require or permit any such laborer or mechanic in 00 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. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 336 C.7.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 06 the United States (in the case of work done under contract for the District of a� Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each a 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 this E section. U (3) Withholding for unpaid wages and liquidated damages. The R°X1 No41 ag °!iirii�:y 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). X (4) Subcontracts. The contractor or subcontractor shall insert in any Wi 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 anyi 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: LO 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract 00 award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to 2i 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 U implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 E CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of ®i Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment N and Suspension). SAM Exclusions contains the names of parties debarred, suspended, 00 or otherwise excluded by agencies, as well as parties declared ineligible under 00 statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at .._s,ra..gyov. 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 E 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 337 C.7.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 0 that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 06 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 a 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. 2 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 0 First Amendment, and replace it in its entirety with the following paragraph: a� 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. 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. Wi 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 recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the attached certification must be E signed and submitted by the Contractor to the County. E 12. Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 0 2 CFR § 200.322, of the Original Agreement, as amended, is hereby amended to delete the current 0 paragraph 44.7, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: 00 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 E requirements of Section 6002 include procuring only items designed in guidelines of i the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the � highest percentage of recovered materials practicable, consistent with maintaining a N 00 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 Q 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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Packet Pg. 338 C.7.a containing recovered materials that are EPA-designated items unless the product cannot be acquired— U)1. Competitively within a timeframe providing for compliance with the contract 0 performance schedule; 06 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is a available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/compi-ehensive procurement guideline c g program. ,� p p ,� p� p � � The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E U 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 its entirety with the following paragraph: a� 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 Wi new employees hired by the subcontractor during the Contract term. Any 3: subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. Sec. 448.095. ,E E 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 0 forth in the First Amendment, and replace it in its entirety with the following paragraph: 44.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. The 00 00 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. They Contractor shall include this provision in any subcontracts. U E 15. Paragraph 44.14, Compliance with Federal Law, Regulations, and Executive Order, of 0 i It- the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.14, as set forth in the First Amendment, and replace it in its entirety with the following paragraph: N ®0 00 44.14 Compliance 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. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ io Packet Pg. 339 C.7.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: 0 06 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. a 2 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 Equipment as set forth in 2 C.F.R. § 200.216, and shall read as follows: a� U 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 E 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; E 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 U Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such X entities). (i)For the purpose of public safety, security of government facilities, physical secu 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. 0 (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, 00 reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. V- U E 18. The Original Agreement, as amended, is hereby amended to add the following as i Paragraph 44.19, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, and shall V- read as follows: c� 00 44.19 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The 00 COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials u produced in the United States (including but not limited to iron, aluminum, steel, E cement, and other manufactured products). These requirements of this section must be ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 11 Packet Pg. 340 C.7.a included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: 0 (1) "Produced in the United States" means, for iron and steel products, that all 06 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 a aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; 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. U Anv delav 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 Partv's fault or neRliRence and that by its 9= nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of(mod; (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, not, 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 2 after the date of this Agreement; (f) action by any governmental authority prohibiting work in the ReoRraphic area of the Proiect(each, a "Uncontrollable Circumstance"). X CONTRACTOR'S financial inability to perform, changes in cost or availability of Wi materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall Rive County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated E duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The a Contractor may only seek a no cost Change Order for such reasonable time as the U Owners Representative may determine. LO 00 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 L,s amended, shall remain in full force and effect. E cN cN 00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 00 SIGNATURE PAGE TO FOLLOW E c� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 12 Packet Pg. 341 C.7.a U) 1N WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year n above. 06 r BOARD OIL COUNTY COMMISSIONERS KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA, LESSOR By r 1.[ By As De Cleric a U Date m i I U � E E ADVANCE WATER TECHNOLOGY CORP., LESSEE x B I,- - �( A w fitness 1gnature Signature of person authorized to legally bind corporation i r r � IRS zogj5� E Witness Printed Kame Print Name and Title E ._ 0 Witness Signature 00 U .vLO Witness Printed Name ~' MOWDF-CMKIYA770FM U PRMOAMM ®i AS=MT00MyATMRV CN DAM_ &R2/242 c_ _ ._, Q 00 00 CN c� 13 Packet Pg. 342 U) 06 E EXHIBIT 66A99 Davis-Bacon Wage Statement E u E E x w E E 0 LO CO u E CN Q CN CO CO Q E ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 14 1 Packet Pg. 343 "General Decision Number : FL20210022 07/09/2021 U) Superseded General Decision Number : FL20200022 06 State : Florida E M Construction Type : Building 2 County: Monroe County in Florida . .2 BUILDING CONSTRUCTION PROJECTS) (does not include single family E 0 homes or apartments up to and including 4 stories) . a U Note : Under Executive Order (EO) 13658, an hourly minimum wage E of $10 . 95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is E 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 2 determination at least $10 . 95 per hour (or the applicable wage X rate listed on this wage determination, if it is higher) for W all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the E contractor must pay workers in that classification at least the E wage rate determined through the conformance process set forth 'a in 29 CFI 5 . 5 (a) ( 1) (ii) (or the EO minimum wage rate, if it is 0 higher than the conformed wage rate) . The EO minimum wage rate LO will be adjusted annually ® Please note that this EO applies 00 to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act U E itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFI 5 . 1 (a) (2) - ( 60 ) . Additional information on contractor N Q N I requirements and worker protections under the EO is available 00 at www. dol . gov/whd/govcontracts ® 00 Q E Modification Number Publication Date 0 01/01/2021 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 15 1 Packet Pg. 344 1 01/22/2021 2 06/18/2021 U) 3 07/09/2021 0 06 ELEC0349-003 09/01/2020 E m Rates Fringes 2 ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 36 . 36 11 . 82 -------------------------------------------------------------- .2 E ENG10487-004 07/01/2013 U Rates Fringes E OPERATOR: Crane E All Cranes Over 15 Ton Capacity . . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 -------------------------------------------------------------- x w IRON0272-004 10/01/2020 Rates Fringes E IRONWORKER, STRUCTURAL AND E REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 -------------------------------------------------------------- 0 PAIN0365-004 06/01/2021 Ul) 00 Rates Fringes V- V- PAINTER : Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 U -------------------------------------------------------------- E N SFFL0821-001 07/01/2021 Q N 00 V- Rates Fringes 00 Q SPRINKLER FITTER (Fire E Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 63 20 . 55 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 16 1 Packet Pg. 345 C.7.a -------------------------------------------------------------- U) SHEE0032-003 12/01/2013 Rates Fringes E M SHEETMETAL WORKER (HVAC Duct Installation) ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 23 . 50 12 . 18 -------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes U CARPENTER. . . ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 15 . 08 5 . 07 � E CEMENT MASON/CONCRETE FINISHER® ® ® $ 12 . 45 0 . 00 FENCE ERECTOR. . . ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 9 . 94 0 . 00 LABORER® Common or General ® ® ® ® ® ® $ 8 . 62 0 . 00 X LABORER® Pipelayer ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 10 . 45 0 . 00 OPERATOR® Backhoe/Excavator ® ® ® ® ® $ 16 . 98 0 . 00 E OPERATOR : Paver (Asphalt, Aggregate, and Concrete) ® ® ® ® ® ® ® ® ® $ 9 . 58 0 . 00 E OPERATOR : Pump ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 11 . 00 0 . 00 0 PAINTER : Roller and Spray® ® ® ® ® ® ® $ 11 . 21 0 . 00 00 PLUMBER® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 12 . 27 3 . 33 i T- T- ROOFER: Built Up, U Composition, Hot Tar and Single Ply® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® $ 14 . 33 0 ® 00 � N N SHEET METAL WORKER, Excludes 00 I HVAC Duct Installation ® ® ® ® ® ® ® ® ® ® ® $ 14 . 41 3 ® 61 00 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away ® ® ® ® ® ® ® ® ® ® ® ® $ 8 . 00 0 . 15 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 17 Packet Pg. 346 C.7.a -------------------------------------------------------------- U) WELDERS - Receive rate prescribed for craft performing 06 operation to which welding is incidental ® E -------------------------------------------------------------- Note ® 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 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 violence, sexual assault, or stalking ® Additional information on contractor requirements and worker protections under the EO is available at www . dol . gov/whd/govcontracts . E Unlisted classifications needed for work not included within 0 c� the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFB 5 ® 5 (a) (1 ) (ii) ) i -------------------------------------------------------------- U N N The body of each wage determination lists the classification 00 and wage rates that have been found to be prevailing for the 00 cited type (s) of construction in the area covered by the wage determination . The classifications are listed in alphabetical order of ""identifiers" " that indicate whether the particular ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ is Packet Pg. 347 rate is a union rate (current union negotiated rate for local) , U) a survey rate (weighted average rate) or a union average rate 0 (weighted union average rate} ® E Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than SUITIT or " "UAVG" " denotes that the union classification and rate were .2 prevailing for that classification in the survey® Example : E 0 PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of a U the union which prevailed in the survey for this a classification, which in this example would be Plumbers . 0198 0 E indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 ® The next number, E 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 If 2014 . X W Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate ® E Survey Rate Identifiers E Classifications listed under the "",S)U"" identifier indicate that 0 no one rate prevailed for this classification in the survey and LO the published rate is derived by computing a weighted average 00 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 U E non-union rates ® Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates ® LA indicates N Q N I the State of Louisiana ® 2012 is the year of survey on which 00 these classifications and rates are based® The next number, 00 Q 007 in the example, is an internal number used in producing the E .a wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier ® ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 19 1 Packet Pg. 348 0 Survey wage rates are not updated and remain in effect until a S U) new survey is conducted® 0 06 Union Average Rate Identifiers E Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data ® EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate ® OH indicates the state ® The next number, 0010 in the example, is an internal number used in producing the wage determination . 08/29/2014 indicates the survey completion date E for the classifications and rates under that identifier ® E 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® X W -------------------------------------------------------------- E 'a WAGE DETERMINATION APPEALS) PROCESS E 1 ® } Has there been an initial decision in the matter? This can 'a a be ® 0 an existing published wage determination Ul) a survey underlying a wage determination 00 a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling U E On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted 00 because those Regional Offices have responsibility for the 00 Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 ® } E and 3 ® } should be followed® ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 20 1 Packet Pg. 349 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the U) Branch of Construction Wage Determinations ® Write to : 0 Branch of Construction Wage Determinations E Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 .2 2 ® } If the answer to the question in 1 ® } is yes, then an E 0 interested party (those affected by the action) can request a U review and reconsideration from the Wage and Hour Administrator E (See 29 CFI Part 1 ® 8 and 29 CFI Part 7) ® Write to : E Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 x The request should be accompanied by a full statement of the W interested party ' s position and by any information (wage payment data, project description, area practice material, etc ® } that the requestor considers relevant to the issue ® E 'a 3 ® } If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative E Review Board (formerly the Wage Appeals Board} ® Write to : 0 Administrative Review Board M U . S . Department of Labor Ul) 200 Constitution Avenue, N.W. 00 Washington, DC 20210 V- V- 4 . ) All decisions by the Administrative Review Board are U E final ® V- N ----------------------------------------------------------- Q N 00 V- 00 Q END OF GENERAL DECISION" E ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 21 1 Packet Pg. 350 U) 06 E EXHIBIT 661199 .2 Byrd Anti-Lobbying Certification E u E E x w E E 0 LO 00 u E CN CD CN 00 00 CD E ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 22 1 Packet Pg. 351 C.7.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 0 06 The undersigned certifies, to the best of his or her knowledge and belief, that: a� I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or, attempdng 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 connec on with the awarding of any Federal contract, the maknng of any Federal gaunt, the makung of any Federal lean, the entering into of any cooperative agreement, and the extension, condriuuadon, renewal, amendment, or modificadon of any Federal contract, grant, lean, or cooperadve agreement. � U 2. If any funds o-their thuain Il:::edeirall alb piropilated funds Ihuave been IpaH or wiillll be paid to any person for influencing or,attempdrig to influence an officer or employee of any E agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec on with thus Federal contract, grant, lean, or cooperative E agreement, the undersigned shall complete and saubmnt Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instruucdons. 3. "r1he uindeir,si ined shall irequ ire that the (lain ua, e of thhis ceirtff cad oin be included in the award documents for all suu.bawards at all triers (including subcontracts, � subgrants, and contracts under grants, loans, and c<.operadve agreements) and that all X subrecipients shall cerdfy and disclose accordingly. 'T'Ns certnficadon is a material � representation of fact upon wNch reliance,was placed when thus transaction was made or entered into. Submission of tNs certificat on is a prerequisite for malknng or entering into thus transae;don imposed by sec on l352, title 3 1, I..7.S. Code. Any person who fails to file the required cerdficadon shalt be subject to a civil penalty of not less than $10,0Q:0 and not more than $100,000 for each such failure. E 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, W Administrative Remedies for False Claims and Statements, apply to this certification andLO disclosure, if any. 00 i Signature of Contractor's Authorized Official U E Name and Title of Contractor's Authorized Official Date00 c� 00 E c� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 23 Packet Pg. 352 DIS(:',.'LOSIL7RE Of LOBBYING ACMITEES COMM-7,77-75,71 1 FORA t TO DISKLOSE,LOBBYNG A,4,-"M177TES FURSUWT TO 311,Al SA_,. 1'512 = in U) L, T'i,-1'3,e,of Fed,ex-d Actiiomry 2 Stratus of Fed,ex-d -Actiom� 3,., Repurt TN,-pe,: 0 ❑a, ContracT. a.hloffEr"Rp�plica"tom a �ial. 06 b L-TELl' b nu'rrin�l WWI b Matzriilchhnge' For I[xierilall Clamge.OMIT,: E e. [oarL T"Imamtee, y eau: t [Damn'n=::e date of Lvit i epa rt 4. NamR. and Address d"REPOThng Es S. Enter Namie and Address of]mrimf.: El Itime ElSubammdeie T�iez if known .2 E U Campesuma,s]Distrijit,it mow Camgressiaziall District,if known 6. FederA,Depart mesUAginicy: '7� Fedeval Pragr2M,NAMLYMI.Mlpfimu: E CFDA.Number ffzp�p1cablie E 8, Federal Action Number,if known,: 9. Avard Amound,if known: M ii. N mie and Iddiress,of Lobby, Entity b. ludhidualsPerfbrming SiTnies (�nc)zlain—" (If individadil:',,his name, an't name,MT) addzais ffliffparaul Emm.No. Hh) U cla tr name, an't na,um,"MT) 0 x W (ava,ch Conhmuation Siheef.():if neces-i',Irv), 1L Amount of'Piymi-.nt(cb*z Ir,0 thM ippily) El. Type of'Piymezi(C"hKir,0 ffixt ip Ily),p E ❑ P lal. F❑ �aued F a mminer ❑ b. ame-dmefee E 11 Furm of Pay (ChKlii all that applv): C. COUM-L'-J'ou ❑F—I a t:3'�h d. t:mfiEg'entf*;! b in-kind., sped5y:� nanza e dahTrsd U 0 14. BTiel"Desc bnmiaf"Ser-.i,cesPerfm�rmedortmb*perf6rmiediudD,ate(,,)efSedMI'lle:,,zmclajdimg LO ofEier(!,),, art�r member(s)condjulcted,far PzymRmt lmdicadi�d in Rem,11: 00 (Filla,ch Contmuahon Sheer,.$) if necessary) U I& Yes El No El E 16. IE=, dou a-vtd.&znngh tlis fiam i,a,amffianzAd,by Tithe.111, U,S,C� Sactim 1.3 h2, T=&,sick(saim,r.d'IcIbtl= 1p o IT CN rl;13m-g Luz plzrgd,by tha,6az a, n,,4 whan,hi,w,trmniodan, Q mas ma di;w waland.iniv, M,,�,di u c lz sun i� CN Plint Name'� 00 mpomt;d.to Cczg;,sa%o=i=aU.v and.mL bs nnaillabla,f6:r Til 00 FRIUS IMPGO:tDO� An7f PWICM WhO EE.h to Ek&hs rKa &d. Q lhau.lbi;;'TAYj';lCt.I'D 1,C-illl P � �Of MID IAGS = TQi MCI Mad MM warr,th2m 11,01 lw� Telz 0,1000 far'&3sh YU'Zh fidi. phone No. Ddl'e: A xthohzsd for Loco'PygrNhchon E FeA rnl Use, S&Iandmd Form.- ----------- 2-6c Packet Pg. 353 C.7.a INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES U) This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of 0 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. qs 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. qp 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the U f� 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, qp 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 L 1 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 I Name and Middle Initial(MI). as 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 E 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. 00 16. The certifying official shall sign and date the form,print his/her name title and telephone number. I 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 qp a.+ ®I (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90«ENDID> " N 2-6d PART 2/COUNTY Q 00 00 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 25 Packet Pg. 354 C.7.b Kevin Madak, CPA . Clerk of the Circuit Court& Comptroller—Monroe County, Florida .2 DATE: August 21, 2020 06 TO: Aline Steryou Contract Monitor FROM: Pamela G. Hanc .C. SUBJECT: August 19' BOCC Meeting 2 Attached is an electronic copy of each of the ('allowing items for your liandling: E U 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'leclmology, 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. Should you have any questions please feel free to contact me at (30.5) 292-3550. � c� i E 0 0 E 0 E cc: Facilities SuperNisor U- Caunty Attorney N Finance C°' File oo 0 E c� KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING E 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 355 C.7.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 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 E 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 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 X 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 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 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 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 Q 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 Originaloo 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. c� i Packet Pg. 356 C.7.b 1 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. S 3. Paragraph 7, ACCEPTANCE OF CONDITIONS BY CONTRACTOR of the Original 06 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: E M 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, U 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 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 0 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 <1 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. Right to Audit. 0 Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade N discounts earned, insurance rebates and dividends; any other supporting evidence N IV- deemed necessary by Owner to substantiate charges related to this agreement, and all 00 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 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. 357 C.7.b I 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 06 shall be kept for seven (7) years after Final Completion. 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 2 E 0 Contractor must comply with Florida public records laws, including but not limited to a 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 " 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 Contractor is required to: (1) Keep and maintain public records that would be required by the County to e 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 Q N contractor does not transfer the records to the County. IV- 00 (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. 358 C.7.b I any duplicate public records that are exempt or confidential and exempt from public 0 records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements M for retaining public records. All records stored electronically must be provided to the S County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 06 (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, E 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 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 U 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 custody, release alter, destroy or otherwise dispose of any public records unless or otherwise provided 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. 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: 10. HOLD HARMLESS INDEMNIFICATION DEFENSE AND INSURANCE 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 oo 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. 359 C.7.b I indemnified party by reason of, or in connection with, (A) any activity of Contractor 0 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 06 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 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 comply with the requirements of this section shall be cause for immediate termination i of this agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable 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. E This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. V_ oo Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: E c� a ww Packet Pg. 360 C.7.b I WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. 0 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 06 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 limits of liability of not less than 5500,000.00 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 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 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. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. c� MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S i COMPENSATION. 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: E 13. NONDISCRIMINATIONIEOUAL EMPLOYMENTOPPORTUNITY E A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement N automatically terminates without any further action of the part of any party, oo 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 _. w.u..... Packet Pg. 361 C.7.b I discrimination on the basis of race, color or national origin; 2) Title IX of the 0 Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- LO 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, 06 as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of C 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 E 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 Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, i Department of Labor), see 2 C.F.R. Part 200, Appendix II,' C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for 0 employment because of race, color, religion, sex, sexual orientation, gender 0 identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and 0) oo 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. 362 C.7.b will receive consideration for employment without regard to race, color, religion, 2 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 06 employee or applicant or another employee or applicant. This provision shall not C apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 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 contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Q 8) The CONTRACTOR will include the portion of the sentence immediately 0) preceding paragraph (1) and the provision of paragraphs (1) through (7) in every oo 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 8 .uudw. ....._ ._. .....� . . . w�. Packet Pg. 363 C.7.b subcontractor or vendor. The CONTRACTOR will take such action with respect 2 to any subcontract or purchase order as the administering agency may direct as a 2.1 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 06 States to enter into such litigation to protect the interests of the United States. 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 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 U 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: E FOR COUNTY: FOR CONTRACTOR: Monroe County Advance Water Technology, Corp. Facilities Maintenance Department 7880 NW 176 Street 3583 South Roosevelt Blvd. Miami, FL 33015 Key West, FL 33040 and County Attorney l 111 12111 Street, Suite 408 Key West, FL 33040 i E 0 9. Paragraph 20, TERMINATION, of the Original Agreement, is hereby deleted and the 2 following paragraph is replaced in its entirety as Paragraph 20, which includes the following Federal Required Contract Provisions, if applicable: 20. TERMINATION E A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of E service, the COUNTY shall have the right to terminate this Agreement after seven (7) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so with neither party T- oo 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, the COUNTY retains the right to terminate this Agreement. The COUNTY may also 9 Packet Pg. 364 C.7.b I 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 06 breach is not cured, the Agreement will be terminated for cause. If the COUNTY a terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue 0 for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. � E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.l35(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel 0 List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.l35(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.l35(4), Florida Statutes, are met. E 10. Paragraph 25, ADJUDICATION OF DISPUTES OR DISAGREEMENTS of the Original cN Agreement is deleted in its entirety and replaced with the following paragraph: oo 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. 365 C.7.b and Contractor. If the issue or issues are still not resolved to the satisfaction of County 2 and Contractor, then any party shall have the right to seek such relief or remedy as 2.1 may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. U) 11. The Original Agreement is hereby amended to include the following paragraph identified as 06 Paragraph 41, BACKGROUND CHECKS / FINGER PRINTING, as follows: 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 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. i 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 interest of the County. It is the responsibility of the Contractor to inform the Facilities 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. x Some work will be conducted at secure facilities, including, but not limited to law Wi enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; c� 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 ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. E 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. Q Contractor will promptly replace the employee at no additional cost to County. Q 0) Contractor further agrees to notify County immediately upon becoming aware that one oo 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. 366 C.7.b I occurrence shall constitute grounds for immediate termination of this contract by 0 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. 06 12. The Original Agreement is hereby amended to include the following paragraph identified as 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 U 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 Wi 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 E 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 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 (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 Q Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water 0) 00 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. E c� Packet Pg. 367 C.7.b 1 44.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal 0) 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- 06 Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages : not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" and made a part hereof). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or X Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As J 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 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any 0 subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor E 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 Q provided in 29 C.F.R. § 5.12. IV- 00 44.3 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where .i 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 13 . _.w .w.... Packet Pg. 368 C.7.b I Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR 0 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 06 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. 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 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 in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 c, 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 J 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. c� 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 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 0 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 E from tier to tier up to the non-Federal award. 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 disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section Q 6002 include procuring only items designed in guidelines of the Environmental Protection N Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials 00 practicable, consistent with maintaining a satisfactory level of competition, where the .i 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. 369 C.7.b I procurement program for procurement of recovered materials identified in the EPA 0 guidelines. Other Federal and/or FEMA and/or Florida Emergency Management Requirements (as applicable): 06 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 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. 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 J 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 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. 44.12 Federal Government not a party to contract. CONTRACTOR acknowledges that the 0 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 E resulting from the contract. E 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. Q N 44.14 Compliance with Federal Law, Regulations, and Executive Order. This is an T_ oo 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, FEMA policies, procedures, and directives. c� Packet Pg. 370 C.7.b 1 44.15 Disadvantaged Business Enterprise $DBEd Pohcy and Obligation,; It is the policy of 0 the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the 2.1 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 06 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 WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as approoriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take 0 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 E be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. N 0) T- oo 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 Management(Division) found at the following link on the Monroe County web page: c� 16 Packet Pg. 371 C.7.b c� 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. 06 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 Agreement,to the extent allowed and required by law. 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 effect. E WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year U above. E E BOARD OF COUNTY COMMISSIONERS KEVIN MADOK,CLERK OF MONROE C NT FLORIDA By By _ As Deputy Clerk yX U Date 'q CONTRACTOR: ADVANCE WATER o TECHNOLOGY,CORP. i �,,� Witness Signature BySi&ture of persona uthorized to legally bind corporation 0 �li� 6r`-'4 Drat i�S r Witness P'n d blame Print Name and Title E E Witn Signature MONQ0E COUNTY ATropj*y S OFFICE Witness Printed Name AS TO cN PAi"RKAA EAt3[.E$ AMSTANT COUNTY ATTO Yoo DATE; .,.� L( rt�] E l7 Packet Pg. 372 C.7.b c� U) 06 EXHIBIT "A" DAVIS BACON WAGE DETERMINATION E u E E x E E E CN CN oo Packet Pg. 373 Page I "General Decision Number: FL20200022 05/15/2020 .2 Superseded General Decision Number: FL20190022 State: Florida Construction Type: Building U) County; Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family E homes or apartments up to and including 4 stories) . Note; Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor cs must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for U all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a E classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the E wage rate determined through the conformance process set forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this ED applies to the above-mentioned types of contracts entered into by the X federal government that are subject to the Davis-Bacon Act W itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2)- (60) . Additional information on contractor requirements and worker protections under the E0 is available at www,dol.gov/whd/govcontracts. Mr,dificatiron Number Publication Date 0 01/03/2020 1 05/15/2020 E ELEC0349-003 09/02/2019 Rates Fringes 0 ELECTRICIAN. . . . . . . ,, ,, . . . . . . ,, , , , . . ,$ 35,36 12,77 ---------------------------------------------------------------- E ENGIO487-004 07/01/2013 E Rates Fringes OPERATOR: Crane U_ All Cranes Over 15 Ton Q N Capacity, , . . . . . . _ _ _ _$ 29.00 8180 Q N Yard Crane, Hydraulic Crane, Capacity 15 Ton and oo Under. . . . . . 22,00 8,80 Q ---------------------------------------------------------------- IRON0272-004 10/01/2019 E Rates Fringes https:."/beta.sam.govl"wage-determination/FL2020002 211 1?index—wd&keywords--,&i s—active... Packet Pg. 374 Page 2 IRONWORKER, STRUCTURAL AND � REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 25.49 11.99 ---------------------------------------------------------------- PAIN0365-004 08/01/2019 Elates Fringes PAINTER. Brush Only. . . . . . . —$ 20.21 11 .28 -------------------------- aFFLO821-001 01/01/2020 Rates Fringes SPRINKLER FITTER (Fire sprinklers} , . . . , 3 . « S 29,18 19,75 ----------------------------------------------------------------- SHEE0032-003 12/01/2013 2 Rates Fringes U SHEETMETAL WORKER (HV'AC Duct Installation) . . . . . . . . . . . . . . .. . „$ 23,50 12,18 --------------------------------------------------------------- E SUFL2009-059 05/22/2009 � E Rates Fringes CA.RPENTER. . . . . . . . . . . . . . . . . . . . . .. . .$ 15.08 5,07 CEMENT SCAN/CONCRETE FINISHER, . . 12 .45 0.00 cs X FENCE ERECTOR. . . . _ . . . . . . . . . . . . .$ 9,94 0,00 � LABORER: Common or General. . $ 8. 62 0.00 LABORER; Pipelayer. . . 4 . .. . . , , , . .$ 10,45 0.00 � OPERATOR. Backhoe/Excavator.. . . . .$ 16,98 0.00 � 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 � E C,CF Built Up, CompOsition, Hot 'Tar and Single Ply. . . S 14 ,33 &0A0 E SHEET" METAL WORKER, Excludes I4VAC pint Installation. . . . . . . . . . .$ 14.41 3. c14 TRICK DRIVER, Includes Crump and 10 Yard Haul Away. . . , . . . . , . .$ 8,00 0115 oo WELDERS - Re eive rate prescribed fox, craft performing operation tc which welding is incidental. E https:e/beta.sam.govtfwage-determination/FL202000221`1?index-wd&keywords-&is_active... Packet Pg. 375 Page 3 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the 2.1 Davis-Bacon Act for which the contract is awarded (and any 0 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 U) they work, up to 56 hours of paid sick leave each year, 0 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 E 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 M on contractor requirements and worker protections under the EO 3: is available at www,,dol.gov/whd/gavcontracts. E Unlisted classifications needed for work not included within the scope of the classifications listed may be added after U award only as provided in the labor standards contract clauses 9= (29CFR 5,5 (a) (1) (ii) ) , 0 E ---------------------------------------------------------------- E The body of each wage 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 X order r,,)f ""identifiers""' that indicate whether the particu-'ar W 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 IrKSUM41 or "'UAVG'' denotes that the union classification and rate were prevailing for that classification in the survey. Example, E PLUM0198-005 07/01/2014 , PLUM is an abbreviaticn identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 0 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 E the wage determination, 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, E 2014. Union prevailing wage rates are updated L;.,b reflect all rate U_ changes in the collective bargaining agreement (CBA) governing Q this classification and rate. N Q N Survey Rate Identifiers oo Q 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 E 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. 376 Page 4 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 2.1 calculation of rates and are not majority rates. LA indicates 0 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 U) wage determination. 5/13/2014 indicates the survey completion 0 date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted, E Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate M that no single majority rate prevailed for those 3: classifications, however, 100% 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 U 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. E A UAVG rate will be updated once a year, usually in January of E each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. X ---------------------------------------------------------------- W WAGE DETERMINATI,()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 E a conformance (additional classification and rate) ruling On survey related matters, initial c<.-.,,ntact, including requests 0 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 responsibiity for the E Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2,) E and 3. ) should be foll,)wed. With regard to any other matter not yet ripe for the formal U_ process described here, initial contact should be with the Q Branch of Construction Wage Determinations. Write tot CN Q CN Branch of Construction Wage Determinations oo Wage and Hour Division Q U.S. Department of Labor 200 Constitution Avenueo N.W. Washington, DC 20210 E 2. ) If the answer to the question in 1.) is yes, then an https:Hbeta.sam.gov/wage-determination/FL2 0200022/1?i ndex=wd&keywords=&is-active... Packet Pg. 377 Page 5 interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) , Write to, Wage and Hour Administrator U.S. Department of Labor a 200 Constitution Avenue, NW. U) Washington, DC 20210 0 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, E etc.) that the requestor considers relevant to the issue. 3.) if the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative M Review Board (formerly the Wage Appeals Board) . Write to: 3: ra Administrative Review Board .2 E U.S. Department of Labor 200 Constitution Avenue, N.W. U Washington, DC 20210 a 0 4, ) All decisions by the Administrative Review Board are final. E E END OF GENERAL DECISION" x W E 0 E E U- Q 04 Q 04 0) T- oo Q E https:�'/beta.sam.govifwage-detennination/FL20200022/1?index—wd&keywords—&is,.-active... Packet Pg. 378 VENDOR CERTIFICATION REGARDING SCRUTE4UED COMPANIES LISTS 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_ E Address: City: Hialeah State:—Florida Zip: 33015 Phone Number: 305-828-5616 Email Address:—mm.awt@earthlink.net 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 U 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 E 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 E 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 above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that x Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on W I 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 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 E Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. 0 Certified By: Maria Morales who is authorized to sign on behalf of the above referenced company. a 0 E Authorized Signature: �Ju 0- -14 Print Name: Maria Morales E Title: Secretary U- Q Note: The List are available at the following Department of Management Services Site: N Q N '/www.dms.n-,vf'orida.com/busiR4ea!� -on-T ALI g T- ndQ� nation/convicted sus _inf 00 E Packet Pg. 379 n ACOR" CERTIFICATE OF LIABILITY INSURANCE /10/2019 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 6 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE c' 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 �y this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laurie M Diaz Diaz Insurance Agency, INC A/CNNo Ext: (239)765-6571 A/� No: (239)765-5214 a E-MAIL 100 Island CottageW diazi'nsurance@comcast.net comcas.ne y ADDRESS: d @ a+ #20OF INSURER(S)AFFORDING COVERAGE NAIC# 0 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: 2 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM f) 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 MM/DD/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 $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X X ANY AUTO BODILY INJURY(Per person) $ I OWNED SCHEDULED B AUTOS ONLY X AUTOS X 05720206-8 04/11/2020 04/11/2021 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY era ccident $ C5 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 COMPENSATIONOTH- AND EMPLOYERS'LIABILITY STATUTE ER PER Y/N 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 (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 �y O 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' 4 " 6/1/2020 U_ CERTIFICATE HOLDER ANCELLATION C14 oo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ; ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 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. 380 AMY NFAVIIIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA 06 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& Comptrollerp 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 county will receive five (5)percent of the cumulative gross revenues for the event. 0 VC41 Contract with Advanced Water Technology, Corp. for "Chemical Water Treatment and Testing Services". c� i E 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. LO cc: County Attorney Finance File `\ 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. 381 C.7.c Chemical Water Treatment and Testing Services AGREEMENT CHEMICAL WATER TREATMENT AND TESTING SERVICES 0 MONROE COUNTY,FLORIDA 0 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 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 Street, Hialeah, FL 33015. WHEREAS, COUNTY desires to have inspection, testing, maintenance and treatment services for cooling tower and chilled water systems located in Monroe County; and 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 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, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: c� 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 i 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, safe and compliant manner. Update chemical feed equipment as LO technology advances. Maintain on-site Log Books and MSD Sheets. T 2. On a quarterly basis, collect and analyze samples of the treated water for Q planktonic and sessile bacteria counts per the chart below along with legionella counts. Provide to the Owner testing results with interpretation c� Page 1 of 15 Packet Pg. 382 C.7.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 Systems 06 Agar Ponr Parameter Dipslides Plate or Microscopic E Petrifilm Exam Planktonic <10,000 <10,000 No higher life Counts(Bulk CFU/mL CFU/mL forms Water) Sessile <100,00( <I00,00( No higher life (Surfaces)Counts CFU/cm CFU/cm1 forms U Deposits NA NA No higher life forms E Note: Results from dipslides, agar pour plates, or Petrifilm are colony forming units (CFU per milliliter or per square centimeter) of total aerobic heterotrophic bacteria. Legionella bacteria are not detected by these 0 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. ,i Review chemical control of the treatment, adjust the feed, and control equipment based on analytical results. Bacteria target values are noted in E 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. E c� Page 2 of 15 Packet Pg. 383 C.7.c Chemical Water Treatment and Testing Services 5. Maintain 4 to 6 chloride water cycles of concentration for cooling tower systems. 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 06 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. 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. 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 E operation of systems as designated for the facilities listed in Paragraph 5.13 below. In the event of an operational failure, emergency response time shall be no greater than eight (8) hours from County notification to be on site. 0 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. c� 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 ,i 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. The Contractor is required to provide complete services as described in the scope ofLO work. The Contractor shall furnish all labor, supervision, transportation, materials, N 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. c� Page 3 of 15 Packet Pg. 384 C.7.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. 06 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 recommended by the Contractor and supported by peer group best practices along U with all chemical data sheets. The Contractor shall provide a single point of contact with 24/7 accessibility. E 4. ADDITIONAL SERVICES A. Additional services may include any County facility and may include but not be 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 2 0 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 25 %. Freight, engineering, permits, equipment and sales tax will be reimbursed at the amount charged only. The manufacturer's invoice must accompany all requests E 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 $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Contract Administrator, or their designee, for any freight charge, regardless of the cost associated therewith. LO CN 5. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. E cs Page 4 of 15 Packet Pg. 385 C.7.c Chemical Water Treatment and Testing Services B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act. Invoices for scheduled services will be paid on a monthly schedule in arrears. Payment will be made after completion of scheduled services and upon submission of a proper invoice and required documentation by CONTRACTOR. Payment for additional services will be made after acceptable completion and upon submission of a proper invoice by CONTRACTOR. 06 C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion of the work by the CONTRACTOR and approval by an appropriate COUNTY representative. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735 D. The following buildings require monthly water treatment services: Murray E Nelson Government Center 102050 Overseas Highway, Key Largo, FL-------------------------------------------$ 175.00 per Month E 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 �0 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 0 Key West Library 700 Fleming Street, Key West, FL-----------------------------------------------------$33.00 per Month Gato Building `O 1100 Simonton Street, Key West, FL------------------------------------------------$33.00 per Month cN �a Total per Month-----------$ 1,361.00 E c� Page 5 of 15 Packet Pg. 386 C.7.c Chemical Water Treatment and Testing Services The total monthly service amount of contract shall be One Thousand Three Hundred Sixty-One Dollars ($1,361.00) for an annual amount of Sixteen Thousand Three Hundred LO 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. 06 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. M 6. TERM OF AGREEMENT 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. E 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 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 c� 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. c� 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 principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LO 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 E c� Page 6 of 15 Packet Pg. 387 C.7.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 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. 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 _ 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 0 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, i 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 E (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. E c� Page 7 of 15 Packet Pg. 388 C.7.c Chemical Water Treatment and Testing Services Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following 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 06 $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. 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. 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 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. CN 12. INDEPENDENT CONTRACTOR E c� Page 8 of 15 Packet Pg. 389 C.7.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. 06 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 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 E 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 E 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 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 E 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 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 E c� Page 9 of 15 Packet Pg. 390 C.7.c Chemical Water Treatment and Testing Services 2 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 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 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. 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 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 CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of 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 LO cN 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: E c� Page 10 of 15 Packet Pg. 391 C.7.c Chemical Water Treatment and Testing Services FOR COUNTY: FOR CONTRACTOR: Monroe County Public Works Pete Robinson Middle Keys Operations—Stock Island Jail 7880 NW 176 Street 5501 College Road Hialeah, Florida 33015 Key West, FL 33040 06 And County Attorney Post Office Box 1026 Key West, FL 33041-1026 19. TAXES 2 E COUNTY is exempt from payment of Florida State Sales and Use taxes. 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 E Number in securing such materials. CONTRACTOR shall be responsible for any and all E taxes, or payments of withholding, related to services rendered under this agreement. 20. TERMINATION 0 A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. c� 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 i This Agreement shall be governed by and construed in accordance with the laws of the E 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. LO 22. MEDIATION cN 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 E c� Page 11 of 15 Packet Pg. 392 C.7.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. U) 23. SEVERABILITY 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 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 _ 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 0 prevailing party or not, through all levels of the court system. c� 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 0 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 i 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. 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. c� Page 12 of 15 Packet Pg. 393 C.7.c Chemical Water Treatment and Testing Services 2 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. 06 28. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. c� 29. CLAIMS FOR FEDERAL OR STATE AID 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, rant proposals, and funding solicitations shall be p pP � q , g p p g � approved by each party prior to submission. 30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. c� 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating i 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-PARTIESLO c� 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, c� Page 13 of 15 Packet Pg. 394 C.7.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 c� No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. EXECUTION IN COUNTERPARTS E This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 0 c� 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 i "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 E c� Page 14 of 15 Packet Pg. 395 C.7.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 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 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, E without proof or accounting for the other counterparts, be deemed an original contract. E L) BOARD OF COUNTY COMMISSIONERS Y HEAVILIN, CLERK OF MO ROE COUNTY, FLORIDA 0 By: c� ' putt' rk Mayor n ate: 9 /L5 Date: c� Witnesses for CONTRACTOR: i Signature of person authorized to E Signature legally bind Corporation Date: `� ' " Date Print Name IAKFP��— LO Address: 1 NW 17 L S� cN Signature Itl 15 lrl �OV1IAJ,, 33 ►s e Date Telephone Number E ROfC - TySEY PP U F Page 15 of 15 WIV Date---- Z0 IS Packet Pg. 396 C.7.c MONROE COUNTY PUBLIC WORKS AND ENGINEERING n06 PROPOSAL TO: Monroe County Public Works 10600 Aviation Blvd. E Marathon,FL 33050 PROPOSAL FROM: Advance Water Technology, Corp 7880 NW 176 St 2 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 become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, 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. c� 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 LO 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. cs Murray E Nelson Government Center 102050 Overseas Highway, Key Largo, FL-------------------------------------------$ 175.00 per Month Packet Pg. 397 C.7.c Monroe County Medical Examiner—Crawl Key 56639 Overseas Highway, Marathon, FL--------------------------------------------$ 40.00 per Month c� 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 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 U 700 Fleming Street, Key West, FL-----------------------------------------------------$ 33.00 per Month Gato Building 1100 Simonton Street, Key West, FL------------------------------------------------$ 33.00 per Month E Total Proposal per Month-----------$ 1,361.00 Total Proposal per Year--------------$ 16,332.00 0 One Thousand Three Hundred Sixty One Dollars. (Total Base Proposal-words) $ 1,361.00 (Total Base Proposal—numbers) c� Additional Services: 1. Labor—normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: i PROPOSAL PRICE: $ 30.00 PER HOUR, TECHNICIAN 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 % 0 LO Mailing Address. 7880 NW 176 St Phone Number: (305)828-5616 C Date: 8/4/15 Signed: z ° Title: Secretary cs (Name) Page 2 of 2 Packet Pg. 398 C.7.c NON-COLLUSION AFFIDAVIT Maria Morales of the city of Hialeah accordingto law on cn oath,and under penalty of perjury,depose and say that: 06 l. I am Secretary Advance Water Technology,of the firm of o9Y.Core E 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: �? E 2. the prices in this bid have been arrived at independently without collusion,consultation,communication or agreement for 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 ay other E 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, or not to submit,a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon c the truth of the statements contained in this affidavit in awarding contracts for said project. c� 8/4115 (Signature of Bidder) (Date) STATE OF: Florida c� COUNTY OF: Miami-Dae i E PERSONALLY APPEARED BEFORE ME,the undersigned authority, 1'Y l&AW ' 4,atr d- who, after first orn by me,(name of individual signing)affixed his/her signature in the space provided above on this y ► day of_ 201576 LO EA NOTARV PUBLICN My Commission Expires: .3 0 U C. Wan VAUff O rg PW t•ftft 41 Fluidt M1 G•BPMas Apr 30.2016 comok wo 0 a I M65 OraM+ �kwra9rA>sa. Packet Pg. 399 C.7.c LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 c� MONROE COUNTY.FLORIDA ETHICS CLAUSE U) Advance Water Technology, Corp. warrants that hit has not employed,retained or otherwise had act on 06 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 contract or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration 2 paid to the former County officer or employee. E U (Signature) Date: STATE OF n,)V-,oa 0 COUNTY OF � c� PERSONALLY APPEARED BEFORE ME,the undersigned authority, 911 aA., "Yvl n who,after first being sworn by me,affixed his/her signature(name of individual signing) s gn' g)'m the pace provided above on this 411"_day of 20 l S NOTARY PUB C My commission expires: OfALI 3', a G 1 0MV5 VAMM 41 HOW OMB-MCP FORM#4 tie tpw Gum-ti?�MM r �.. w 1 a lisle$ MnIM tt�1AM ' E cs Packet Pg.400 C.7.c DRUG—FREE WORKPLACE FORM n� The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that U) 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 P p 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. . 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement U 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 E 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 E 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 available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a dru -free workplace through o g rkp gh implementation of this section. 0 As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. bidder's Signature 8/7/15 > Date E LO c14 co OMB-MCP#5 a E c� Packet Pg.401 C.7.c Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $500,000/$500,000/$500,000 U) General Liability $500,000 Combined Single Limit or 06 $300,000/$500,000/$200,000 Vehicle Liability $300,000 Combined Single Limit or $200,000/$300,000/$200,000 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 2 INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR E Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, U 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 E other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption,and 0- (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 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 or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than 0 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 a above. i The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S/RESPONDENT'S STATEMENT 76 I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the ,L' requirements. LO cN Maria Morales , Bidder/Respondent Signature E c� Packet Pg.402 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the .02 corresponding policy. POLICY DEDUCTIVBLES U) ODD LA ^ :Is % 0 -t� 06 A 18 1 q E .2 E 0) Liability policies are—!f!1—,*'0ccurrence Claims Made U E jeez =jj%jj Z pm) epty :39- E Insurance Agency Signature Print Name: ts .2 0 E 0 Ul) C14 E < Packet C � CERTIFICATE 4F LIABILITY INSURANCE DATES C.7.c 8/I4/201S TIIs CERTWICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RKWS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFF1111MATIVELY OR NEGATIVELY AMEN, EXTEND OR ALTER THE COVERApE AFFORDED BY THE POLICIES BELOW. THM COMPICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NWRER(Sj AUTHORIZED RPRESENTATNE OR PRODUCER,AND THE CERTIFICATE FOLDER. IPORTAI/T: E the c rtif ale holder Is an ADDITIONAL INSURED.the poNcy(Fasl mutt be wWo"NKL I SUBROGATION E WAIVED.subject to 2 the tams Ind oorHNNont of the poBey,a>rtalo poEcfes may require an enclorseinea A shtarleM on this oartllcrlle does not confer rights to the eelSNette holder In Neu of such s} PRODUCwt NAME I Diaz Insurance Agency 23 7656571 No 397655214 PO Box 127 ADDRESS: Fort Myers Beach, FL 33931 SOUNW40 AFFOROoa COVORAW � INSURER A:94S 5 'RM -49MS RnMR INS CO INSURERS:PROGRESSIVE INSURANCE COMPANY 10193 ADVANCE WATER TECHNOLOGY ft"ERc:EVANSTON INSURANCE COMPANY 35378 7980 1NW 176 ST INSURER D: ' HIALEAH, FL 33015 INSUItER E: NSURER F: COVERAGES CERTIFICATE NUMBER: REVISKNI NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISRSUM TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. lTR TYPE OF INSURANCE Pow MUM FOUGY err, POLICY NUMBER LatRB C3 X Ceema6ML earrML LMeYTY EACH OCCURRENCE $ MMOMADE ©OCCUR PREMtSEs Ea $ E MED EXP(MCI one pwwn) S C A X 000601141 1/26/14 1/26/15 PERSDNALaAovMUURY s1,000 . 000 AO -IATE PRO- ASS P� GENERAL AGGREGATE s 2,000,000 POLICY®.r� ❑LOC PRODUCTS-coeeVoPAGO s 2,000,000, P07HM S AUTOMOBILE LIABILITY s 1,000 000 ANYAUTO 'DOWNED SCHEDULED 05720206-8 4/11/15 4/11/16 eodLYwJL1RY(��n) $ 0 B AUTOS AUTOSNOWWNED x BODILY t�IURY(Per aooidenQ S Hm AUTDS AUTOS S t � taLA LIABOCCUR H EACH occuRRa+cE $ 1,000,000 C oLCEss Lu►B per, XOVA761814 1/26/14 11/26/15 AGGREGATE S 1,000,000 DLED RE7>31ttoH f S FEN c3l". vrOrsa3ts TLDN AND EMPLOYERS'LIABILITY VIM STATUTE ER orn 61111 111AM WMUXN ? Q NIA P VED Y IS NAGEMEN E.L.EACH ACCIDENT s E e Y L DISEASE-EA RE S > YY t��eeeaaw00eur��tiii��NC IL42w.awltON OPERATIONS OetoMr �Y EL DISEASE.POLICY LIW s UATE WAIVER N/A YES_. DESCRIPTION OF OPERATIONS 1 LOCATIONS'VDIKX.ES (ACORD 101.AddWN W Remeda Sdw".m"be aRachW d l a opine ie M*dw* MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS NAMED ADDITIONAL INSURED ON ALL GENERAL LIABILITY AND AUTOMOBILE POLICIES. CERTIF HOLDER cN CANCELLATION Monroe County 1100 Simonton St SHOULD ANY of THE ABOVE DESCR13ED POLICIES BE CANCELLED WORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Rey West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. E AUTHORIZED REPRESENTATIVE U 01 OW2DI3 ACORD CORPORATION. M Vft rew%vd. ACORD25(2013104) The ACORD name and logo are regplelered marks of ACORD Packet Pg.404 C.7.c ADVAN-1 CERTIFICATE OF LIABILITY INSURANCE °"08,1 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. > IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 oy certificate holder in lieu of such endorseme s. PROCER CONTACT Customers Rule Ins.Agency NAME: 1005 NE 125th St,#202 PHONE Ax A/C No End: AIC No North Miami,FL 33161 MAIL Lynn Ramon ADDRESS: 06 INSURER(S)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: U 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 EX LIMITS GENERAL LIABILITY EACH OCCURRENCE $ E COMMERCIAL GENERAL LIABILITY PREMISES Ea oCdarence E c CLAIMS-MADE 1:1 OCCUR MED EXP(Any one person) $ E PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: ED K GEMENT PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC E AUTOMOBILE LIABILITY MBIN ED INGLE L I M I IEa accident $ ANY AUTO DATE BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS WAIVER N/A Y S_ BODILY INJURY(Per accident) $ c NON-OV1MED PROPERTY DAMAGE HIRED AUTOS AUTOS PER ACCIDENT) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ y wORKERSAND EMPLO RS'LIABI Y i N COMPENSATION �( WCY LI�T- OE H- A ANY PROPRIETOR/PARTNER/EXECUTIVE 0196-19605 02/24/2015 02/24/2016 E.L.EACH ACCIDENT $ 1,000,00C OFFICER/MEMBER EXCLUDED? a N/A _ > (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00� If yes describe under DESCRIPTION OF OPERATIONS belay E.L.DISEASE-POLICY LIMIT E 1,000,OOC E DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ARach ACORD 101,Addkional Runuks Sehodule I mme space Is requNed) Water treatment consultants. c LO CN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN H 1100 Simonton St ACCORDANCE WIT THE POLICY PROVISIONS. E Key West,FL 33040 AUTHORIZED REPRESENTATIVE WVA-f, 177. Aeyt o'— ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Packet Pg.405 C.7.d THIRD AMENDMENT TO AGREEMENT FOR CHEMICAL WATER TREATMENT AND TESTING SERVICES u MONROE COUNTY, FLORIDA This Agreement is made and entered into this 17th day of Au ust, 2022, between MONROE E COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and ADVANCE WATER TECHNOLOGY, CORP.. ("CONTRACTOR"), a Florida corporation, whose principal address is 7880 NW 176 Street, Hialeah, Florida 33015. CL WHEREAS, the parties hereto did on September 16, 2015 enter into an Agreement for U) Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original Agreement"); and WHEREAS, on August 19, 2020, the Board of County Commissioners ("BOCC") approved the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional 0 one-year renewals and update certain contract provisions; and WHEREAS, on August 18, 2021, the BOCC approved the Second Amendment to Agreement to renew the Original Agreement for the second of five (5) optional one-year renewals, provided a CPI-U adjustment, and updated certain contract provisions; and c� WHEREAS, the County desires to amend Paragraph 45 of the First Amendment and to add a paragraph in the Federal provisions; and WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement, as amended, to amend Paragraph 45 and update the Federal provisions; and 2 WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and U) a� WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and enter into this Third Amendment to Agreement; i NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set E forth below, the parties agree as follows: a� E 1. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, as amended, the County exercises the option to renew the Original Agreement for the third of the five (5) one-year terms. This renewal term of the Original Agreement shall commence on September 11, 2022, and ends upon September 10, N 2023, unless terminated earlier under paragraph 20 of this Agreement. 00 2. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, as amended, 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 U 1 Packet Pg.406 C.7.d shall be based upon the CPI-U computation at December 31 of the previous year. The CPI-U on December 31, 2021, was 7%. 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 $30.42 per hour to $32.55 per hour for a technician, and shall increase from $40.56 per hour to $43.40 per hour for a technician and helper. CL 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 the hours stated above, including holidays, shall increase from $40.56 per r hour to $43.40 per hour for a technician, and shall increase from $50.70 per hour to 2 $54.25 per hour for a technician and helper. LL 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 7%, and thus Paragraph 5. D. is hereby amended as follows: D. The following buildings require monthly water treatment services. Murray Nelson Government Center 102050 Overseas Highway, Key Largo, FL $ 189.87 per month Monroe County Medical Examiner- Crawl Key 56639 Overseas Highway, Marathon, FL $ 43.40 per month E a� Harvey Government Center 1200 Truman Ave., Key West, FL $ 43.40 per month U) Dept. of Juvenile Justice Building 5503 College Rd., Key West, FL $ 43.40 per month i Monroe County Sheriff Administration Building 5525 College Rd., Key West, FL $ 189.87 per month E Monroe County Detention Center on Stock Island 5501 College Rd., Key West, FL $ 596.74 per month Jackson Square Complex N 500 Whitehead St., Key West, FL $ 298.37 per month Q Gato Building 00 1100 Simonton Street, Key West, FL $ 35.80 per month Total per Month $ 1,440.85 2 Packet Pg.407 C.7.d The total monthly service amount of the contract shall be One Thousand Four Hundred Forty and 85/100 ($1,440.85) Dollars for an annual amount of Seventeen Thousand Two Hundred Ninety and 20/100 ($17,290.20) 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- < approved emergency work requiring additional funds is implemented. 6. The Original Agreement, as amended, is hereby amended to include the following 0 identified as Paragraph 44, FEDERAL CONTRACT REQUIREMENTS, to include E the following Federal Required Contract Provision, as Paragraph 44.17, if applicable: U) 44.17 Energy Efficiency. CONTRACTOR will comply with the Energy Policy and ra Conservation Act(P.L. 94-163; 42 U.S.C. §6201-6422) and with all mandatory standards U_ and policies relating to energy efficiency and the provisions of the state Energy 0 Conservation Plan adopted pursuant thereto. 7. Paragraph 45, of the Original Agreement, as amended, is hereby deleted and the 2 following paragraph is replaced in its entirety as Paragraph 45, which includes the 3: following Federal Required Contract Provisions, if applicable: 45. The CONTRACTOR is bound by any terms and conditions of the Federally- funded subaward and Grant Agreement between County and the Florida Division of � a� Emergency Management. E a� 8. Except as set forth in Paragraphs 1 through 7 of this Third Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. i REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW u cN cN cN 00 c� 3 Packet Pg.408 C.7.d IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year firs EO written above. as E (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA as By By As Deputy Clerk Mayor Date as as ADVANCE WATER TECHNOLOGY CORP. as By Witness Signature Signature of person authorized to legally bind corporation Witness Printed Name Print Name and Title i as E as as Witness Signature U) as Witness Printed Name as MONROE 0UNTY 7PT R1NEY'S OFFICE k � FfiW PATRICIA ALES E 0ATE as E 04 CD 04 04 00 CD e (D E 4 Packet Pg.409