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10/19/2022 Agreement Fkumwxy SAFE �Key West International Airport EMAS Improvements Departure end of Runway 9 (27 numbered end) A.I.P. (AIP, State Project Nlumbers) Date: December 5 2022 Runway Safe Inc. 2239 High Hill Road Logan Township, NJ 08085 Runway Safe Inc. will provide EMAS materials and on-site services as identified herein to facilitate the installation of Engineered Materials Arresting System (EMAS) block system, Runway Safe Inc. agrees to furnish the materials and equipment defined below, transportation and insurance; and to provide on- site services as needed to assist in the Contractor's (Contractor or General Contractor shall refer to the firm selected and paid by the Owner to perform the project construction) performance of its work to the satisfaction of and in compliance with the directions of the Owner and Owner's Engineer, The Monroe County (hereinafter referred to as The Owner) agrees this Contract does not obligate Runway Safe Inc. to provide the EMAS sub-base, to construct the bed, or install the EMAS:, and the Owner shall make arrangements separately for those services. However, as conditions of Runway Safe Inc.'s warranty, the Owner must retain control of their installers and contractors and must require that those persons or entities cooperate to allow Runway Safe Inc. to review the construction documents for compliance with Runway Safe inc,'s installation specifications and Warranty Requirements. Contractor must perform installation of EMAS in accordance with the requirements of the project design, drawings, specifications and installation Statement of Work. Total Price $6,022,560.00 Runway Safe Inc, shall provide: 1. 2,520 EMAS blocks ($1,800.00 each): Blocks will be invoiced on a monthly basis and be based on number of blocks stored and insured at or near Runway Safe Inc.'s Logan Township, NJ facility when produced. Each block invoiced 1/25201h of the total price for blocks. Price for this item $4,536,0001.00 2. Shipping: Runway Safe Inc.to ship blocks to the Airport to meet installation schedule(completed no later than May 31,2023). Runway Safe Inc.will furnish Owner with evidence that the materials are insured against cargo loss and damage during shipping to the Airport. Shipping to be invoiced monthly based on percentage of completion of shipping. Price for this item g18,590.00 3. Installation support materials: debris deflector, backer rod, caulk, seam seal, side coating, side vents and EMAS block adhesive. Runway Safe Inc. will also provide 25 blocks as spares to replace reasonable losses during shipping. This constitutes the combined spare blocks for the entire bed including the block contract. These replacement blocks will not be separately priced, and any replacement blocks not used during the installation will be loaded by Contractor (along with other unused materials and shipping materials) and returned to Runway Safe Inc. without credit to the Owner.. Installation materials to be invoiced as they are stored at or near Runway Safe Inc.'s Logan Township, NJ facility. Price for this item M�i 50,00 .......... Runway Safe Inc T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 www,r(lnwaysafe.com RUNWAXY S^F 1E 4, Runway Safe Inc.'s onsite support services (product configuration and installation advisors for the block installation): Preparation of preliminary and final EMAS Product Configuration Report, EMAS Installation Drawings, and EMAS Installation Specification in accordance with FAA AC 150/5220-22B. Owner must make it a condition of their construction contract that Contractor will be trained by Runway Safe Inc. on the proper handling and placement of the EMAS material and related Subjects during the initial phase of the installation. Runway Safe Inc. shall monitor the progress and quality of the work. Runway Safe Inc. shall notify Owner if Contractor deviates from manufacturer's specifications for installation of an EMAS or the Statement of Work. Runway Safe Inc. shall instruct Contractor, as hired and paid by Owner, on installation specifications and requirements prior to start of installation, instruct airport maintenance crew on EMAS bed maintenance as outlined in the IMR (inspection Maintenance & Repair) manual, confirm installation is in compliance with the United States FAA Advisory Circular 150,/5220-22B, Any material losses incurred during the installation by the installer hired by the Owner shall be invoiced separately by Runway Safe Inc. at the same unit price identified in Paragraph 1 above, plus shipping. Pricing for the onsite support service is predicated on installation of the EMAS block system being completed no later than May 31, 2023, and availability of eight (8) daylight hours per workday, for five (5) consecutive days per week exclusive of weekends. If the installation is delayed beyond that time or there are significant deviations from availability of daylight hours,hours per day or days per week, Runway Safe Inc.shall be entitled to an equitable adjustment of its compensation for providing onsite support services. This support will be invoiced monthly based on the percent of completion at that time. Price for this item $385,820.00 5. Terms&conditions: The Owner will pay Runway Safe Inc, in accordance with the Florida Prompt Payment Act, Florida Statues Section 218.735., Runway Safe Inc.shall not be entitled to payment unless and unfit it submits to the Owner invoices with supporting documentation acceptable to the Monroe County Clerk of Court, of which may include partial and final releases and waivers of Gen; releases and waivers of lien from all contractors and subcontractors of Runway Safe Inc. and of any and all parties required by the owner. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735. Any amount unpaid 30 days after the invoice date, is subject to interest at the rate of 1% per month or the maximum rate allowed by law on the unpaid balance. Owner agrees to pay any expenses incurred in collecting unpaid balance including attorney's fees and costs. The Owner agrees to pay for EMAS blocks and installation materials, which are stored at or near Runway Safe Inc.'s Logan Township, NJ plant, provided Runway Safe Inc. furnishes the Owner with evidence of quality and quantity of the EMAS blocks. Title and risk of loss transfers at the time of invoicing. Price includes insurance policy, provided by Runway Safe Inc. on behalf of the Owner, by adding the Owner as an ,additional insured on such policy, against loss by damage to or disappearance of such blocks at any time, prior to successful shipment to the Key West International Airport. a. Payment Terms: i. Down payment(due with execution of contract) -$720,000.00 ii. January 2023 invoicing not to,exceed -$1,408,290.00 iii. February 2023 invoicing not to exceed -$1,408,2901,00 iv. March 2023 invoicing not to exceed -$999,431.00 v. April 2023 final invoicing -$1,486,549.00 vi. PROJECT Total -$6,022,560.00 6. Total price comprises, 2,520 remaining (4' x 4'), jet-blast-resistant (JBR) EMAS blocks (EMAS arrestor bed size 340' x 1201' approximately) and associated installation support materials and services as described above. Price for EMAS Blocks will be prorated up or down if the final bed size approved by FAA is larger or smaller than described herein. -------------------------------- ---------------------------------------------- -----------------------------------------------------------------------...... .. ................ Runway Safe Inc T 656-975-5864 2239 High Hill Road,Logan Township,NJ 08085 www.runwaysafe.com RUNW^Y S,A lr`�=E 7. Notice to proceed (NTP) is granted upon full execution of this contract. Shipment of blocks will begin at a time mutually agreed upon between Runway Safe Inc. and the Owner as required to meet the Contractor's schedule. Runway Safe Inc. will make good faith, reasonable efforts to accommodate the schedule established by the contractor retained to construct the EMAS bed, provided that Runway Safe Inc. is given Sufficient advance notice of the schedule. Owner understands price to be adjusted for extended storage if the blocks are stored for moire than two months beyond the target date for installation in Runway Safe Inc.'s storage facility (cost $16,146.00 per month) or more than two weeks beyond target installation start in the trailers ons4e ($3,821.00 per trailer for the first month and $13,478,00, per trailer for all other months). 8. Once the blocks are shipped to the Airport, they are to be stored in trailers at a secured location until time for installation. Storage site at Airport to be provided by Owner at no charge to Runway Safe Inc. Blocks will be shipped starting approximately 2 weeks prior to installation start. Contractor shall immediately assume responsibility for the control and condition of the blocks and installation materials at the airport. Loading and unloading of EMAS blocks and installation support materials shall be by Contractor under the guidance of Runway Safe Inc.'s installation support personnel. 9. Assignment: Each Party agrees that its rights and obligations under this Agreement may not be assigned or otherwise transferred to a Third Party without the prior written consent of the other Party hereto. Notwithstanding the foregoing, either Party may transfer or assign its rights and obligations under this Agreement to (a) an Affiliate, subject to the prior notice to the other Party and the assigning Party remaining responsible for such Affiliate's performance or(b)a successor to all or substantially all of its business or assets relating to this Agreement whether by sale, merger, operation of law or otherwise, without the prior written consent of the other Party; provided that such assignee or transferee has agreed to be bound by the terms and conditions of this Agreement. Subject to the foregoing, this Agreement shall be binding upon, the Parties hereto, their successors and assigns. 10. WARRANTY& LIABILITY— NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY OTHER DOCUMENT OR AGREEMENT PERTAINING TO THE (EMAS RUNWAY SAFE INC IS NOT PROVIDING ANY WARRANTY, INDEMNITY OR HOLD HARMLESS TO ANY PARTY EXCEPT AS SPECIFICALLY PROVIDED IN RUNWAY SAFE'S, STANDARD LIMITED WARRANTY,WHICH IS ATTACHED HERETO. LIABILITY OF RUNWAY SAFE INC SHALL IN NO CASE EXCEED THE VALUE OF THE CONTRACT AS A WHOLE.THE OWNER ACKNOWLEDGES THAT IT HAS HAD THE BENEFIT OF COUNSEL IN UNDERSTANDING ITS RIGHTS UNDER THIS PURCHASE ORDER AND THE LIMITED WARRANTY EXTENDED TO IT BY RUNWAY SAFE INC. 11. Semi-annual inspections of the installed EMAS to be provided by Runway Safe Inc. for one year after date of final acceptance at no additional cost. 12. No sales/use or other taxes are included in the above figures, and under no circumstances shall Runway Safe Inc. be liable for any sales, use or similar tax. In the event sales and/or Use taxes are levied against Runway Safe Inc. by either the State, County, City or municipality, the Owner expressly assumes liability for any such sales/use or other taxes. 13. Termination: Either Runway Safe Inc. or Owner shall have the right to terminate this Agreement following a material breach by the other party if the party seeking to terminate has provided the other party with sixty (60) days written notice specifying such breach and the other party has failed to cure. In such event, this Agreement shall terminate and Runway Safe Inc. shall be entitled to receive from Owner payment for the percentage of services performed through the date of termination, including EMAS blocks and installation materials produced and not shipped. Material breach shall include 111fliI ------------- -- ------- ---------------------------------------------------- RUnWay SdD Inc T 856-975-5854 2239 High HH1 Road,Logan Township,NJ 08085, www,,runwaysafe.com W^Y 14, Airport work hours avallable from 8 am.to 6 Imn,and a fi(lay work week, 16. FAA conifact clauses are attached hereto as ExhlWt I and shall be Incorporated as U fully rostated heroin.These clauses must he flowed down to all tiers of subcontractors, 16, Runway Safe lno,shall provIde insUrance as required on the attached sheet parlor to beginning delivery of miterilals(Exhibit 2). 17. MOM COWIV COMM01.CIBLISOS are ettached hereto as Exhibit 4 and shall be incorporated as if fully restated hordn, 1'8. JUdSfllC1lQn shall be In the State of Delaware.Uspules Miall be resdvad by bloWng arb1trallon in Wilmington,Delaware, 19. Purchase Orders. No other provisions of any Owner Issued purchase order or other Owner document shall alter or add to this Agreement sA 000 Monroe County Romway Safo Jim. 51 Y BY.. : jap C C..Larne.. Richard Stricklall, M110 'ritio:Senior-Direcloi-Airpoits I itI'e: i, e"il BY: konlan chistesi Name: Ponhis Kallen,CEO Title:County, (Influishratoi, Title: IMS(rh'oklp CT'0 �NROF COUNTY ATMANEY 10 rill lovii;Q I r P&MA M04VAUU- AMOTA"P4 UNTY AITt)RNC-Y D or 0-1=0222 .............. ff w. Runway Solo 141C So" N1,39 Koh 101 R9,A,Loqa,)tuvosh'P,NJ ONSS III FkUNWAkY SA F E EXHIBIT 1 - FEDERAL AVIATION ADMINISTRATION REGULATIONS: During the performance of this Agreement, the Consultant, for itself, its assignees, successors in interest and Subcontractors (hereinafter referred to as the"Contractor") agrees as follows: A. ACCESS TO RECORDS AND REPORTS (2 CFR §200.326, 2 CFR§200.333). The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Authority, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and WI pending matters are closed. B. BUY AMERICA PREFERENCE (49 U.S.C. § 50101,), The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. C. CIVIL RIGHTS—GENERAL(49 U.S.C. §47123). 1) Contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. 2) This provision binds the Contractor and any subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of the Title VI of the Civil Rights Act of 1964. D. CIVIL RIGHTS—TITLE V1. 1) Title VI Solicitation Notice. The Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4)and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this iinvitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 2) Title VI Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: a) Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract, ......... .. ....... Runway Safe Inc T 856-976.5e54 2209 High HO Road,Logan Township,NJ 08085 wvAvxunway,%afe.com RUNWAPLY SAFE ..11,11-1-1........... b) Non-discrimination: The, Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR part 21. C) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a Subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or Supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. d) Information, and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Authority or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions, Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Authority or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. e) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Authority will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to, (a) Withholding payments to the Contractor under the contract until the Contractor complies,. and/or (b) Cancelling, terminating, or suspending a contract, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs a)through f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Authority or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with,litigation by a subcontractor, or supplier because of such direction,the Contractor may request the Authority to enter into any litigation to protect the interests of the Authority. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 3) Title VI List of Pertinent Nondiscrimination Acts and Authorities:During the performance of this contract, the Contractor, for itself, its assignees, and Successors in interest (hereinafter referred to as the "Contractor")agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: . ..........."I" ................I.. . .......... ....................................................................................................................... Runway Safe Inc T 856-975.5854 2239 High Hill Road,Logan Township,NJ 08085 wwwrosmaysafe.com FkU MWAPILY S/Ek F a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); b) 49 CFR Part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); c) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid' programs and projects. d1) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C, § 794 et seq., as amended) prohibits discrimination on the basis of disability and 49 CFR Part 27; e) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age; f) Airport and Airway Improvement Act of 1982 (49 U.S.C. Chapter 471 § 47123, as amended) prohibits discrimination based on race, creed, color, national origin, or sex; g) The Civil Rights Restoration Act of 19�87 (PL 100-209) broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and § 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not; h) Titles 11 and III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131 — 12189 as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38) which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain, testing entities; i) The Federal Aviation Administration's Non-discrimination statute (49 U,S.C. § 47123) prohibits discrimination on the basis of race, color, national origin, and sex; j) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations which ensures non-discrimination against minority Populations by discouraging programs, policies, and activities with disproportionately high, and adverse human health or environmental effects on minority and low-income populations; k) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency ("LEP"). To ensure compliance with Title VI, Contractor must take reasonable steps to ensure that LEP persons have meaningful access to your programs. (70 Fed. Reg. at 74087 to 74100); and 1) Title IX of the Education Amendments of 1972, as amended, which prohibits You from discriminating because of sex in education programs or activities (20 U.S.C. §1681, et seq.). E, DISADVANTAGED BUSINESS ENTERPRISES (49 CFR Part 26): The requirements of 49 CFR Part 26 apply to this contract. It is the policy of the Authority to practice nondiscrimination based on race, 1104W!41801ffm 16011, ............ ------------------------- ........................................... .. ........ Runway Safe One T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 www.runwaysafexom FkU N WAMILY color sex, or national origin in the award or performance of this contract, The Authority encourages participation by all firms qualifying Linder this solicitation regardless,of business size or ownership. 1) Contract Assurance (§ 2&13). The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate, which may include, but is not limited to: a) Withholding monthly progress payments; b) Assessing sanctions; C) Liquidated damages; and/or d) Disqualifying the Contractor from future bidding as non-responsible, 2) Prompt Payment & 26,29). The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime Contractor receives from Authority. The prime Contractor agrees further to return retainage payments to each subcontractor within thirty(30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Authority. This clause applies to both DBE and non-DBE subcontractors. F. FEDERAL FAIR LABOR STANDARDS ACT (Federal Minimum Wage, 29 U.S.C. § 201 et seq.). All contracts and Subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act ("FLSA"), with the same force and effect as if given in full text.The FLEA sets minimum wage,overtime pay, recordkeeping,and child labor standards for full and part time workers. The, Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. G. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR Part 20, Appendix A). 1) The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an, officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 40 Runway Safe]Inc T 856-976-5854 2,239 High Hill Road, Logiin Township,NJ 08085 www.rUnwaysafe.coin PtUNWALY .......... c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, suib-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 2) This certification is a material representation of fact upon which, reliance was placed when this transaction, was made or entered into. Submission of this certification is, a prerequisite for making or entering into this transaction imposed by 31 U.&C § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. K OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (29 CFR Part 1910). All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of Occupational Safety and Health Act of 1970 (29 CFR Part 1910)with the same force and effect as if given in full text. The Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor has full responsibility to monitor its compliance and their Subcontractor's compliance with the applicable requirements of the Occupational Safety Health Act of 1970 (29 CFR Part 191:10). The Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor-Occupational Safety and Health Administration. 1. RIGHTS TO INVENTIONS, (2 CFR Part 200 Appendix 11fl). Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Authority in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within the 37 CFR§401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work. J. TRADE RESTRICTION CLAUSE (49 CFR Part 30), 1) By submission of an offer, the Offeror certifies that with respect to this solicitation, and any resultant contract, the Offeror: a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office, of the United States Trade Representative ("U.S.T.R."); b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R.;; and c) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T,R., 2) This certification concerns a matter within,the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 U.S.C. § 1001, 11111101doll . ..'. ". ....... ....... . . .. ..................................................................................................................................... Runway Safe Inc T 856-975.5854 2239 High Hill Road,Logan Township,NJ 08085 VAVWXU IlWay$a fOXOM RUNWAMY SA F E 3) The Offeror/Contractor must provide immediate written notice to the Authority if the Offeror/Contractor Learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 4) Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shalll' be awarded to an Offeror or subcontractor: a) Who is owned or controlled by one or more citizens or nationals of a foreign, country included on the list Of Countries that discriminate against U.S. firms published by the U.S.T.R.; or b) Whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list; or c) Who incorporates in the public works project any product of a foreign country on such U.S.T.R. list. 5) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 6) The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published' by U.S.T.R,, unless the Offeror has knowledge that the certification is erroneous, 7) This certification is a material representation of fact upon which reliance was placed when making the award, If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation, Administration may direct through the Authority cancellation of the contract or subcontract for default at no cost to the Authority or the FAA.. K. DEBARMENT AND SUSPENSION(2 CFR Part 180,(Subpart C);2 CFR Part 1200; DOT Order 4200.5 - Suspension & Debarment Procedures& Ineligibility), 1) Certificate Regarding Debarment and Suspension (Bidder or Offeror). a) By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror Submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation, in thiis transaction. 2') Certification Regarding Debarment and Suspension (Successful Bidder Regarding, Lower Tier Participants), a) The successful bidder, by administering each lower tier subcontract that exceeds twenty-five thousand dollars ($25,000) as a "covered transaction", must verify that each lower tier participant of a"covered transaction"Linder the project is not presently debarred or otherwise disqualified from, participation in this federally assisted project, The successful bidder will accomplish this by: (1) Checking the System for Award Management at website: http://www.sam.gov, ------------- ............. Runway Safe Inc T 856-975.5854 2239 High Hill Road,Logan Township,NJ 08085 www'r U oways ato'corn RU N WAI Xy SA F E .-111111- (2) Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. (3) Inserting a clause or condition lin the covered transaction with the lower tier contract. b) If the FAA later determines,that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue, any available remedies, including suspension and debarment of the non-compliant participant, L. CLEANI AIR AND WATER POLLUTION CONTROL(2 CFR§200 Appendix II(G)). Contractor agrees to comply with all applicable standards, orders and regulations issued pursuant to the Clean Air Act(42 U.S.C. §740-7671 q)and the Federal Water Pollution Control Act,as amended (33 U.S.C. § 1251-1387 et seq.)The Contractor agrees to report any violation to the Authority immediately upon discovery. The Authority assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. M. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR Part 200 Appendix II(E)) 1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate snot less than one and one-half(1.5) times the basic rate of pay for all hours worked in excess of forty(40) hours in such workweek, 2) Violation•, Liability for Unpaid Wages: Liquidated Damages. IIn the event of any violation of the clause set forth in paragraph (1), above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each ind'ivid'ual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1))above, in the sum of ten ddiars($10)for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) above. 3) Withholding for Unpaid Wages and Liguidated Damages. The Federal Aviation Administration or the Authority 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 monies payable on account of work performed by the Contractor or subcontractor Linder any such contract or any other Federal contract with the same prime Contractor, 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 (2))above. ....................... -- ----------------------------------------------------------------------------------------------------- ...... . ..... Runway Safe Inc T 856-976-5854 2239 High Hill Road,Logan Township,NJ 08085 www.runwaysafe.com RUNW^Y S^F 4) Subcontractors. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)) through (4)) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)) through (4)) of this section. N. EQUAL OPPORTUNITY CLAUSE: During the performance of this Agreement, the Contractor agrees as follows; 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color,, religion, sex, or national origin, The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identify,or national origin. Such action shalli 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 comipensation;and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) 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. 5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the Contractor's noncompliance 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 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. 7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that Such provisions will be binding upon each subcontractor or Runway Safe Inc T 856-976-5854 2239 High HiR Road,ILogan TownsNp,NJ 08085 www,runwaysafe.com, RUNWAkY AP=E �11111111111 ........... 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 noncompliance: 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. O. ENERGY CONSERVATION REQUIREMENTS:The Contractor and any Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.G. §6201, et seq.). P. VETERAN'S PREFERENCE(49 U.S.C. §47112(c)). In the employment of labor(excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code §47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans,disabled veterans, and small business concerns (as defined by 15 U.S.C. §632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates, Q. TEXTING WHEN DRIVING: In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009)and DOT Order 3902.10, "Test Messaging While Driving"(12/30/2009),the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Authority encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project.The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3500 that involve driving a motor vehicle in performance of work activities associated with the project. R. AIRPORT DEVELOPMENT:The Authority reserves the right to further develop or improve the landing area as it sees fit, regardless of the desires or views of Contractor and without interference or hindrance. S. REPAIR OF AIRPORT: The Authority reserves the right, but shall not be obligated to Contractor, to maintain and keep the landing area and all its facilities in repair as well as the right to direct and control all activities of Contractor in this regard. T. SUBORDINATION: This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the Authority and the United States, relative to the development, operation, or maintenance of the Airport. U. RIGHT OF AIR NAVIGATION: The Authority reserves for itself, its successors, and assigns, for the use and benefit of the public,a right of flight for the passage of aircraft in the airspace above the surface of the premises herein covered by this Agreement. This public right of flight shall include the, right to cause any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at,taking off from or operation on the Airport. - Runway Safe Inc T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 wwwaunwaysafe.cona KU NVVAALY SA F E mm V. 14 CFR Part 77: Contractor agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction, modification or alteration of any present or future building or structure is planned for the premises related to this Agreement. W OBSTRUCTIONS: Contractor, by accepting this Agreement, expressly agrees for itself, its Successors, and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on Authority land above the mean see level elevation of fifty (50) feet. In the event the aforesaid' covenants are breached, the Authority reserves the right to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Contractor. X. NO INTERFERENCE: Contractor agrees for itself, its successors and assigns that it will not make use of Authority premises in any manner which might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Authority reserves the right to cause the abatement of such interference at the expense of Contractor. Y. EXCLUSIVE RIGHTS: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of § 308a of the Federal Aviation Act of 1958 (49 U.S.C. §40103; P.L. 103-272; 108 STAT, 1102, and as it may be amended in the future). Z SEISMIC SAFETY: In the performance of design services,the Contractor agrees to furnish,a building design and associated construction specification that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP), Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety, At the conclusion of design services, the Contractor agrees to furnish the Authority a "certification of compliance" that attests conformance of the building design and the construction specification,with the seismic standards of NEHRP or an equivalent building code, AA. TAX DELINQUENCY AND FELONY CONVICTION: The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (11) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it willl incorporate this provision for certification in all lower tier subcontracts. Certifications I) The applicant represents that it is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial) and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note: If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from,the agency suspension and debarment official (SD®) that the SDO has considered suspension or debarment and determined that further action, is not required to protect the Government's interests, The applicant therefore Must provide --------- Runway Safe Inc T856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 www.rijilwaysafcl.com KUNW^Y SAFE information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions: Felony Conviction: Felony conviction, means a conviction within the preceding twenty f0lJr(24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction, of an offense that is classified as a felony under 18 U.S.C. § 35% Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to,an agreement with the authority responsible for collecting the tax liability. 1313. PROHIBITION OF SEGREGATED FACILITIES: 1) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location under its control where segregated facilities are maintained, The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. 2) "Segregated facilities" as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race,color, religion, sex,or national origin because of written or oral policies or employee custom. The term does not include separate or single-user restroorns or necessary dressing or sleeping areas provided to assure privacy between the sexes. 3) The Contractor shall include this,clause in every subcontract and purchase order Subject to the Equal Opportunity clause of this contract, CC.COPELAND"ANTI-KICKBACK ACT": Contractor Must comply with the requirements of the Copeland "Anti-Kickback" Act (18 U'SC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29:CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give Lip any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week, Owner must report any violations of the Act to the Federal Aviation Administration. DID. DAVIS BACON REQUIREMENTS 1) Minimum Wages (i) All laborers and mechanics employed or working upon,the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or irebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be allegiedl to,exist between the Contractor and such laborer's and mechanics. Contributions made or costs reasonably anticipated' for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made "I............ ............................... Runway Safe Inc T 856-976-5854 2230 RIO Hill Road,Logan Township,NJ 08085 wow.runwaysafexom FkU MWAILY -1111111=11111111-11= S,A F or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during Such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4), Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for,the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(iii) of this section) and the (Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) (2)The classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and'the laborers and mechanics to be employed in the classification (if known), or their representatives, and'the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed! classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer„ to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (6) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification, (iii) Whenever the minimum wage rate prescribed in the contract for a class, of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated' in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. ........... . .. .. ........................... .......... Runway Safe Inc T 856-975-5854 2239 High Hull Road,Logan Township,NJ 08085 www.runwaysafexoin FtU MWAMILY SA F E (iv)If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligationS, Linder the plan or program,. 2) Withholding: The Federal Aviation,Administration or the sponsor 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 the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, alll or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as rnay be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3) Payroll and Basic Records: (!)Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such, records shall contain the name, address, and social security number of each such, worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in I(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked;deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees Linder approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i:), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form, desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at wwwdol..qovlwhdlformslwl1347itistr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the ............. Runway Safe Inc T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08086 www'runwaysafe.corn RUNW^Y ,21=2===, SA F E !!1==1 != ...... contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an,investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly Submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information, is correct and complete; (2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) Each, laborer or mechanic has been, paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form: WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(fl)(B)of this section. (D)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 100:1 of Title 18 and Section 231 of Title 31 of the United States Code. (fii)The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor falls to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant,or Owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4) Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually reglistered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the,job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable .......................-.................................................. Runway Safe Inc T 866-976-6854 2239 High Hill Road,Logan Township,NJ,08086 www.runwaysafe.com KUMVVALY ............... 1� I=E wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered: program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined'! rate for the work performed until an acceptable program is approved. (ii.) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approvall, evidenced by formal certification by the U.S. Department of Labor, Employment and:Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees Shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does, not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an, acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5) Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in thiis contract. 6) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other Clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these Clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. ....................................................................................................................... .................................... Runway Safe hic T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08885 YAm.runwaysafe.conn KU MWALY 7) Contract Termination: Debarment.A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8) Compliance with Davis Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract, 9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. 10) Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of A Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (M) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001, Runway Safe Inc T 856-975-5854 2239 Mqh Hill Rcad,Logan Township,NJ oaoa5 www.runwaysafe.com FkU MWAMY EXIIII31T 2- INSURANCE RUNWAY SAFE INC. shall at all times during the term of this Agreement maintain, at its own cost and expense, the following minimum levels and types of insurance: C-1 Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, Independent Contractors and Products/Completed Operations coverage written on an "occurrence," not "claims made" basis): in the amount of one million dollars($11,000,000)each occurrence and two million dollars($2,000,0001)annual aggregate,. a) The Commercial General Liability policy shall be endorsed to.include the Authority, its agents, officers, and employees as an additional insured. b) The coverage provided to the Authority, as an additional insured, shall be primary and noncontributory c) The coverage provided shall include Waiver of Subrogation endorsement in favor of Authority, C-2. Commerci'all Automobile Liability: Covering Owned, Non-Owned, and Hired Automobiles written on an "occurrence," not "claims made" basis in the amount of one million dollars ($1,000,000) combined single limit for bodily injury and property damage. a) The Commercial Automobile Liability policy shall be endorsed to include the Authority, its agents, officers and employees as an additional insured. b) The coverage provided shall include Waiver of Subrogation endorsement in favor of Authority. C-3. Workers' Compensation and Employer's Liability: Insurance in full compliance with the provisions of the Workers' Compensation Act of the State of Florida plus Employer's Liability, C4. Excess/Umbrella Liability: Insurance on an occurrence-based form which provides coverage in excess of, and as an umbrella to, the required primary insurance policies listed in C-1, C-2 and Employer Liability with limits not less than nine million dollars ($9,000,000). "I............... .. ........ . .. ......... ------ ............................................ Runway Safe Inc T 856.975-5854 2239 High Hill Road,Logan Township,NJ 08085 www,runwaysafexonn FkU N WAALY SAFE w. EXHIBIT 3-RUNWAY SAFE INC.'s Standaii-d Limite RUNWAY SAFE, Inc. ("Runway Safe")warrants to the original purchaser(the"Client") of the Runway Safe Engineered Material Arresting System that, for a period of one(1)year from the earlier of the date of acceptance, as evidenced by a final acceptance document signed by the Client or thirty (30) days from date Client is advised by Runway Safe that the EMAS is ready for acceptance, and subject to the limitations stated herein, the EMAS arrestor bed (excludes base surface preparation) conforms to the product specifications listed under Applicable Documents. This Warranty is non-transferable and is expressly conditioned on the Client satisfying all of the following requirements: MAINTENANCE: Runway Safe requires that the Client ensures that a preventative maintenance program in accordance with the Runway Safe Inspection, Maintenance and Repair Manual listed under the clause "Applicable Documents" is initiated and followed. RIGHT OF INSPECTION: The Client shall ensure Runway Safe is provided with reasonable access to the EMAS Replacement Materials after their installation for the purpose of conducting inspections if necessary. Reasonable access shall include, without limitation, access during daylight hours to permit careful visual assessment of the condition of the EMAS Replacement Materials and access to all records of maintenance carried out by the Client or other party. NOTIFICATION: If the Client believes that it has a claim arising from the failure of the EMAS Replacement Materials to conform with this Warranty, the Client must notify Runway Safe of the claim,within ten, (10) days after discovering the conditions giving rise to the claim, and in any case before the Warranty period has expired. All such notices shall be given by certified mail addressed to Quality Assurance Manager,Attention:Warranty Claim; Runway Safe, Inc.,2239 High Hill Road, Logan Township, NJ 08085, USA, Failure to adhere to any of the conditions stated above shall void this Warranty. WARRANTY REMEDY If the Warranty set forth above is breached, Runway Safe will, at its sole option, either(1) correct the non-conformity at its own cost within a reasonable time after receiving notice of the breach, or(2) a refund of the price of the non-conforming EMAS Replacement Materiall(s)at its own cost within a reasonable time after receiving notice of the breach. The Client shall ensure Runway Safe reasonable access to the EMAS that allows Runway Safe to perform its warranty obligations on its most cost-effective basis possible. EXCLUSIONS Runway Safe shall not be liable for any damage to the EMAS or other property attributable to any of the following (or any combination thereof): 1. Standing water in and around the EMAS bed; 2. Vehicular traffic; 1 Aircraft traffic in contact with the EMAS bed; 4, Damage caused by snow removal equipment that does not meet Runway Safe specifications detailed under the clause"Applicable Documents"which were provided with the original EMAS installation; 5. Acts of nature, including, but not limited to, lightning, flood, winds iin excess of 100 mph, earthquake, hurricane, tornado, hailstorm, wildfire, or impact of objects or other violent storm or casualty; C. Damage caused by wildlife indigenous to the installation location; 7. Repairs or alterations of the EMAS, unless performed by personnel trained and qualified by Runway Safe and in a manner meeting the Runway Safe specifications and procedures listed under the clause "Applicable Documents", which were provided with the initial EMAS installation; 8. Excessive buildup of debris in and around the EMAS bed; —------------------------........................................... Runway Safe Inc T 856-976-5854 2239 High W1 Road,Logan Township,NJ 08086 vAm.runwaysafe.com FkU NWAI%y SAFE 9. Impact or contact with other objects, spilled liquids, or immersion in liquids (including fuel dropped from over-flying aircraft); 10. Use of the EMAS for purposes other than those for which it is customarily used; 11. Improper maintenance,, abuse or other neglect; 12, Exposure to chemicals other than de-icers and aircraft engine exhaust; 13. Jet blast in excess of 100 mph; 14, Damage or defect due to faulty or improper workmanship, including installation of the product that is not in accordance with Runway Safe's published specifications and installation recommendations in effect at the time of installation; 15. Damage to the EMAS Replacement Materials related to or caused by the base surface not being constructed per the drawings and specifications. Runway Safe must check and accept the base surface prior to the start of EMAS arrestor bed installation; and 16, Any subsequent failure of the base surface whether or not originally constructed per the drawings and specifications. APPLICABLE DOCUMENTS Project Installation, Drawings No QS101, EMASMAX LAYOUT PLAN RWI DEPARTURE END(RW 19 PHUSICAL ENID) QM-100 EMAS Quality Control plan VPC P-555 RW 1 Dep End Spec Bid Doc 2020-07-16 EMAS ;Bed Installation Statement of Work RWS EMASMAX Inspection, Maintenance and Repair Manual, Current Version MAN003 Inspection, Maintenance and Repair Manual EMASMAX, V 1.0 WARRANTY EXCLUSIVE/1-IMITATION OF LIABILITY THE EXPRESS WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,SHALL APPLY. THE CLIENT'S EXCLUSIVE REMEDIES AND RUNWAY SAFE'S ONLY OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH DEFECTS OR NON-CONFORMITIES IN THE EMAS REPLACEMENT MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL, BE THOSE STATED HEREIN. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN ANY CONTRACT DOCUMENT, RUNWAY SAFE'S TOTAL LIABILITY TO THE CLIENT ARISING FROM OR RELATING TO DEFECTS OR NON-CONFORMITIES IN THE EMAS REPLACEMENT MATERIALS SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE EMAS REPLACEMENT MATERIALS PAID TO RUNWAY SAFE. RUNWAY SAFE SHALL HAVE NO LIABILITY TO THE CLIENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. REGARDLESS OF ANY STATUTORY LIMITATION PERIODS, RUNWAY SAFE SHALL NOT BE LIABLE FOR ANY BREACH OF WARRANTY OF WHICH IT IS NOT NOTIFIED AS REQUIRED BEFORE THE,WARRANTY PERIOD HAS EXPIRED. This Warranty may not be assigned or transferred without the approval of Runway Safe in writing and does not confer any rights to any other part than party to which it has been addressed by Runway Safe, NO WARRANTY MODIFICATIONS This Warranty shall( not be modified except in a writing signed by Runway Safe's Group CEO. No representative, employee, or agent of Runway Safe, or any person, other than the Group CEO of Runway Safe, has the authority to assume for Runway Safe any additional liability or responsibility in connection with the EMAS or this Warranty. . ............ ...................... ................................................................... Runway Safe Inc T 856-975-5854 2239 High HAI Road,Logan Township,NJ 08085 wvAmunwaysafe.conn, RUNWALY SAIX F E EXHIBIT 4—MONROE— COUNTY CONTRACT CLAUSES 1) Books, Records and Documents. Runway Safe Inc. 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 years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §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 four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Runway Safe Inc. pursuant to this Agreement were spent for purposes not authorized by this Agreement, Runway Safe Inc. shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS„ running from the date the monies were paid to Runway Safe Inc. 2) Governing Law and Interpretation. This Agreement shall be governed by and construed! in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. The County and Runway Safe Inc. agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by,or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, 3) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term,covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Runway Safe,Inc. agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 4) Attorney's Fees and Costs, The County and Runway Safe Inc. agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this,Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures requiired by the circuit court of Monroe County. 5) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Runway Safe Inc. and their respective legal representatives, successors, and assigns. 6) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7) Adjudication of Disputes or Disagreements. County and Runway Safe Inc, agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law, 11119 .............................................................................. ...............................___,__.......................----- ------ Runway Safe Inc T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 www.runwaysafexom RUNWALY SA1F:E -- 8) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Runway Safe Inc. 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 Runway Safe Inc. specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9) Nondiscrimination. The parties agree that there will be no discrimination, against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree 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 Vill of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC §794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC§§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. 10) Covenant of No Interest. County and Runway Safe Inc, covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 11) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 1!2) No Solicitation/Payment. The County and Runway Safe Inc. 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, Runway Safe Inc, 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. ON ...... .. ..... ................. —.................... Runway Safe InG T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 wwwrunwaysafe.com RU NVVAALY S^FE 13) Public Records Compliance. Runway Safe Inc. must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution, of Florida. The County and Runway Safe IInc.. 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 Runway Safe Inc. 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 Runway Safe Inc.. Failure of Runway Safe Inc, 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. Runway Safe Inc. is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Runway Safe Inc, is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of Runway Safe Inc. or keep and maintain public records that Would be required by the County to perform the service. If Runway Safe Inc. transfers all public records to the County upon completion of the contract, Runway Safe Inc. shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Runway Safe Inc. keeps and maintains public records upon completion of the contract, Runway Safe Inc. shall meet all applicable requirements for retaining public records. All records stored electronically miust be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify Runway Safe Inc. of the request, and Runway Safe Inc. must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If Runway Safe Inc. 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 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. IF RUNWAY SAFE INC. 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(305) 292-3470, 6 RADLEY-BR IAN@ MON ROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, �ri..........I-- ...................... ..................................................... Runway Safe Inc T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 vAmrunwaysafe.com KU N WAALY 14) Non-Waiver of Immunity. Notwithstanding the provisions of See, 768.28, Florida Statutes, the participation of the County and Runway Safe Inc. in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 15) 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. 16) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 17) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Runway Safe Inc. agree that neither the County nor Runway Safe Inc, nor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular ind'ividuall 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. 18) Attestations. Runway Safe Inc. agrees to execute such documents as the County may reasonably require, to include a Vendor Certification Regarding Scrutinized Companies, a Public Entity Crime Statement and an Ethics Statement. 19) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 20) Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 21) 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. 22) Mutual Review.This agreement has been carefully reviewed by Runway Safe Inc. and the County, therefore this agreement is not to be construed against either party on the basis of authorship. 23) Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Runway Safe Inc. shall defend, indemnify and' hold the County and the County's elected and appointed officers and employees harmless from and against (I) any claims, actions . . ............ .. Runway Safe Inc T 856-975-5854 2238 High Hill Road,Logan Township,NJ 08086 vAm.runwaysafe.com FkU NIWAALY E22 or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason,of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or Sustained by, any indemnified party by reason of, or in connection with, (A) any negligent acts or willful misconduct of Runway Safe Inc. or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, or (B) Runway Safe Inc.'s defauft in,respect of any of the obligations that it undertakes Linder the terms of this Agreement,except to,the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions, including but not limited to improper maintenance of the system or runway and/or improper use or misuse of the, system, of the County or any of its employees, agents, contractors or invitees (other than Runway Safe Inc.). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that Occur during the term of this Agreement, this section will survive the expiration of the term of this lease or any earlier termination of this Agreement. In no event shall liability exceed the value of the contract. Runway Safe Inc T 856-975-5854 2239 High MI Road,Logan Township,NJ 08085 YAmrunwaysafexorn KUNWAY To ensure registration of this Warranty, please return a signed copy to: Quality Assurance Manager Runway Safe Inc 2239 High Hill Road Logan Township, NJ 08085 Phone (856) 975-5854 Ext. 4427 Name (Please Print) of Client" i e FfiepreZP tyre: Richard Strickland Signature: Date; Title: Senior Director of Air arts STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me,by means of xphysical presence or O online notarization,on . ! a 3 (date)by sir (name of afflant e9rShe is p oaly 1�2a�ar me or has produced (type of id�.a° ��ti t ion) as iclen 'fxcation. 'Al Notary Puhllt- the of Florida prarotrulsslon;HN t62A60 arm. Mycrnrrt„ xprres a 7.2023 ?UATRY U�111C Bonded through National notary Assn, Signature: Date: !t db l" Title: Countv Administrator STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of wphysical presence or D online notarizatio't, on. &kWA4s1 do, )Z M (date)by (name of affiant). he is e st r� l Lk to rrae or has p°o uced (type e of identification) as identification, w LINDSEY BALLARD * MY COMMISSION#GG 970058 EXPIRES:July 8,2024 NOTARY PUBLIC 0"„ Bonded Thru Rotary Public Underwriters T 856-975-5854 Runway Safe Inc com waysafe. 2239 High Hill Road,Logan Township,NJ 08085 com FkUNWAMILY .! ,S A FE ........... CUSTOMER INFORMATION Customer Naine Monroe Comniissioitei-s Corporatell-leadquarters: Street 1100 Simonton Street City, State,Zip Key West, Florida 33040 Telephone Number 305-393-7742 Fax Number 306-292-3678 Main Contact Name Richard Strickland Telephone Number 305-393-7742 Email Address Strickland-Richard@monroecounty-fl.gov Delivery Information Delivery Location: Key West International airport Street 3491 South Roosevelt Blvd., City, State,Zip Key West, Florida 33040 Telephone Number 305-797-2006 Contact at Delivery Location 'Tyler Bethel Invoice Recipient Contact Name Beth Leto Street 3491 South Roosevelt Blvd. City, State,Zip Key West, Florida 33040 Telephone Number 305-809-5239 Email Address Leto-Bet hAmo n roec ou ntyLflAov Runway Safe Inn T 856-975-5854 2239 High 1-fill Road,Logan Township,NJ 08985 www.runwaysafe.com PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0117, for CATEGORY TWO for a period of 36, months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor fist within the last 36 months. ............. (Sigriatutbl— Date: STATE OF: Alert j-!5 e, , Lo COUNTY OF: 62. 'i Subscribed and sworn to (or affirmed) before me, by means of Wphysical presence or 0 online notarization, P n /12 .2a,.?,2- (date) by d,e!;(,e/s_/<, 1 (name of affiant). He/She is personally known to me or has produced 41L'vie-a L,ea.s" e, (type of identification) as identification. ,Z 1,P61Q . NOTARY PUBLIC My Commission Expires: AVARUSS NOTARY PUBLIC State of Now Masy Gomm dWon N 60125621 C. j My Comm.Ex0fe-— SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) ...warrants that he/it has not employed, retained or otherwise had! act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or emiployee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, ift, or consideration paid to the former County officer or employee." ig tu na re) :? Date: X2 STATE OF: COUNTY OF: r Subscribed and sworn to (or affirmed) before me, by means of;Kphysical presence or El online notarization, on 62- ,becer)?Ler ,a.cuz (date) by (name of affiant). He/She is personally known to me or has produced 8ZI-Irl 'yet' (type of identification) as identification. NOTARY PUBLIC e— My Commission Expires: AVA=RUSS W,:NOTARY PUBLIC 'a ftoofNewiersay "y Commission#6012652%15 es , 0.11,Expires Am 1,2W5 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/13/2022 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 certificate holder in lieu of such endorsements s. PRODUCER Keystone Risk Partners LLC CONTACT NAME: 604 East Baltimore Pike PHONE A/C,No,Ext:888-473-6398 FAX IAIC,No): Media, PA 19063 E-MAIL ADDRESS:Risk@ExtensisGroup.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Company of North 43575 INSURED INSURER B: Philadelphia Indemnity Insurance Company 18058 Extensis, Inc. L/C/F Runway Safe, Inc(Runway Safe, Inc) INSURER C: 900 US HWY 9 North, 3rd Floor INSURER D: Woodbridge, NJ 07095 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSRD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY LIMITS GENERAL LIABILITY Not Applicable EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES Ea occurrence CLAIMS MADE El OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ 1-1 JECT AUTOMOBILE LIABILITY Not Applicable Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LAB X OCCUR PHUB833392 09/30/2022 09/30/2023 EACH OCCURRENCE $ 10,000,000.00 B EXCESS LIAB CLAIMS MADE AGGREGATE $ 10,000,000.00 X DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY C51394112 09/30/2022 09/30/2023 X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000.00 OFFICER/MEMBER EXCLUDED? Y/N N/A (Mandatory in NH) ❑ E.L.DISEASE-EA EMPLOYEE $ 1,000,000.00 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks,Schedule,if more space is required) Risk Approves J Flatt 12/27/22 CERTIFICATE HOLDER CANCELLATION 206408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 SIMONTON ST AUTHORIZED REPRESENTATIVE Key West, FL 33040 Jay Peichel ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD �►� CERTIFICATE OF LIABILITY INSURANCE F77E(M9/2022 Y) 12/19/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maria Godfrey NAME: Foa&Son Insurance PHONE (516)228-1234 FAX (516)228-1235 A/C No Ext: (A/C,No): 200 Broadhollow Rd. E-MAIL Maria.Godfrey@foason.com ADDRESS: Suite 410 INSURER(S)AFFORDING COVERAGE NAIC# Melville NY 11747 INSURERA: Great Northern Ins.Company 20303 INSURED INSURER B: Hartford Insurance Co. Runway Safe Inc INSURER C: Federal Insurance Co. 20281 2239 High Hill Rd. INSURER D: ACE American Ins.Co. INSURER E: Logan Township NJ 08085 INSURER F: COVERAGES CERTIFICATE NUMBER: CL226276415 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL5UbK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE Fx_]OCCUR PREM SES Ea occurrDence $ 2,000,000 MED EXP(Any one person) $ 10,000 A Y 99509279 05/31/2022 05/31/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑PECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: BI/PD $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 12UENGA7540 02/28/2022 02/28/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Underinsured motorist $ 1,000,000 UMBRELLA LAB X 8,000,000 OCCUR EACH OCCURRENCE $ C X EXCESS LIAB CLAIMS-MADE 78194194 05/31/2022 05/31/2023 AGGREGATE $ 8,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE El E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Pollution Liability Policy Limit 1,000,000 D PPL G72526041 001 05/31/2021 05/31/2024 Retention 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as additional insured with respects to the general liability and auto. Ir u a 1 /27/22DATE �T . `, WANN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 11000 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD