4th Amendment 03/22/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: April 4, 2023
TO: William DeSantis, Director
Facilities Maintenance
Chrissy Collins
Executive Administrator
Alice Steryou
Contract Monitor
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 22, 2023 BOCC Meeting
The following item has been executed and added to the record:
T4 4th Amendment to Agreement with Air Mechanical & Service Corp. for Chiller
Maintenance and Service in Monroe County to update contract provisions.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FOURTH AMENDMENT TO AGREEMENT FOR
CHILLERS MAINTEANCE AND SERVICE
MONROE COUNTY, FLORIDA
This Fourth Amendment to Agreement is made and entered into this 22nd day of
March 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of
the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and AIR
MECHANICAL & SERVICE CORP. ("CONTRACTOR"), a Florida corporation, whose
principal address is 4311 W. Ida Street, Tampa, Florida 33614, and whose address for purposes
of this Agreement is 2700 Avenue of the Americas, Englewood, Florida 34224.
WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for
Chillers Maintenance and Service, Monroe County, Florida (hereinafter "Original Agreement");
and
WHEREAS, on July 15, 2020, the Board of County Commissioners ("BOCC") approved
a First Amendment to Agreement to revise the maintenance of records provision, non-
discrimination, and termination clauses in its contracts and/or agreement to update and/or add
current revisions pursuant to its ordinances and/or Federal required contract provisions; and
WHEREAS, on March 16, 2022, the BOCC approved a Second Amendment to
Agreement to revise the Scope of Work to include additional services for Ductwork and Piping
Insulation repair and replacement, to increase payment amounts in accordance with the CPI-U
increase of 7%, to renew the Original Agreement for an additional one-year period, and add or
modify additional provisions and certain Federal Required Contract Provisions; and
WHEREAS, on February 15, 2023, the BOCC approved a Third Amendment to
Agreement to increase payment amounts in accordance with the CPI-U increase of 6.5%, to
renew the Original Agreement for an additional one-year period, and add and/or update
provisions of the first paragraph of Paragraph 10 to bring it current with certain County or State
required contract provisions; and
WHEREAS, the parties desire to amend the Original Agreement, as amended, to add
and/or update provisions to bring it current with certain County, State or Federal required
contract provisions and particularly the Coronavirus State and Local Fiscal Recovery Funds
Financial Assistance Agreement awarded to Monroe County in 2022; and
WHEREAS, the parties find it would be mutually beneficial to amend its Original
Agreement and enter into this Fourth Amendment to Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the parties agree as follows:
1. The first paragraph of Paragraph 8, MAINTENANCE OF RECORDS, as set
forth in the Original Agreement, as amended, is hereby amended to delete the first paragraph and
replace it in its entirety with the following paragraph:
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8. MAINTENANCE OF RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained as applicable for 1) a period
of five (5) years after all funds have been expended or returned to the Department of
the Treasury, whichever is later; or 2) a period of seven (7)years from the termination
of this Agreement or five (5) years from the submission of the final expenditure
report as per 2 CFR §200.33, if applicable, whichever is greater. Each parry to this
Agreement or their authorized representatives shall have reasonable and timely access
to such records of each other parry to this Agreement for public records purposes
during the term of the Agreement and for seven (7)years following the termination of
this Agreement. If an auditor employed by the County or County Clerk determines
that monies paid to Contractor pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the Contractor, the
Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, Florida Statutes, running from the date the monies were paid by the
Owner.
Further, the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to
evidence compliance with Section 602(c), Treasury's regulations implementing that
section, and guidance issued by the Department of the Treasury regarding the
foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of
access to records (electronic and otherwise) of the Contractor in order to conduct
audits or other investigations.
All other subsequent paragraphs, after this initial first paragraph, currently contained within
Paragraph 8 of the Original Agreement, as amended, remain the same.
2. Paragraph 10, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND
INSURANCE, of the Original Agreement, as amended, shall be amended to include the
following paragraph, positioned after the two paragraphs of the FDEM Indemnification, as the
sixth paragraph within Paragraph 10:
United States Department of the Treasury Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the United States Department of the Treasury and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract.
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This indemnification shall survive the termination of this Contract. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of
the United States or the County.
3. Paragraph 13, NONDISCRIMINATION/EQUAL EMPLOYMENT
OPPORTUNITY, of the Original Agreement, as amended, is hereby amended to add the
following as the last paragraph of Paragraph 13 as follows:
Title VI of the Civil Rights Act of 1964. The Contractor and any subcontractor,
successor, transferee, and assignee shall comply with Title VI of the Civil Rights
Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference
and made a part of this contract (or agreement). Title VI also includes protection
to persons with "Limited English Proficiency" in any program or activity
receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented
by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and
herein incorporated by reference and made a part of this contract or agreement.
4. Paragraph 43.19, Domestic Preference for Procurements as set forth in 2 C.F.R.
200.322, of the Original Agreement is hereby amended to delete the current Paragraph 43.19, as
set forth in the Second Amendment to the Original Agreement, and replace it in its entirety with
the following paragraph_
43.19 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322.
The COUNTY and CONTRACTOR should, to the greatest extent practicable
provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). These requirements
of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-
based products such as polyvinyl chloride pipe; aggregates such as concrete;
glass, including optical fiber; and lumber.
5. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 43.22, Energy Efficiency,under the section as noted below, and shall read as follows:
Other Federal and/or FEMA Requirements (as applicable)
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43.22 Energy Efficiency. If applicable, Contractor will comply with the Energy
Policy and Conservation Act P.L. 94-163; 42 U.S.C. §§6201— 422) and with all
mandatory standards and policies relating to energy efficiency and the provisions
of the state Energy Conservation Plan adopted pursuant thereto.
6. The Original Agreement, as amended, is hereby amended to add the following as
Paragraph 50, and shall read as follows:
50. The Contractor shall be bound by the terms and conditions of the applicable
Federally-Funded Coronavirus State & Local Fiscal Recovery Fund Financial
Assistance Agreement between the County and the United States Department of
Treasury (hereinafter "ARPA Funding Agreement") attached hereto and made a
part of the Original Agreement, as amended, as Attachment A.
7. The Original Agreement, as amended, is hereby amended further to add the
following Paragraph 51, Additional Federal and/or Department of the Treasury Requirements, as
applicable, as related to the ARPA Funding Agreement, and shall read as follows:
51. Additional Federal, and/or Department of the Treasury Requirements
(as applicable):
The Contractor and its sub-contractors must follow the provisions set forth herein, as
applicable, including but not limited to:
51.1 Conflicts of Interest. The Contractor understands and agrees it must maintain a
conflict-of-interest interest policy consistent with 2 C.F.R. § 200.318(c) and that such
conflict-of-interest policy is applicable to each activity funded under this award as set
forth in Attachment A. The Contractor and subcontractors must disclose in writing to
Treasury or the pass-through entity, as appropriate, any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
51.2 Remedial Actions. In the event of the Contractor's noncompliance with section
602 of the Act, other applicable laws, Treasury's implementing regulations, guidance,
or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or take
other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation
of section 602(c) of the Act regarding the use of funds, previous payments shall be
subject to recoupment as provided in section 602(e) of the Act and any additional
payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III)
of the Act, as applicable.
51.3 Compliance with Federal Law, Regulations and Executive Orders. This is an
acknowledgment that Department of the Treasury financial assistance may be used to
fund all or a portion of the contract. The Contractor agrees to comply with the
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requirements of section 602 of the Act, regulations adopted by Treasury pursuant to
section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing.
The Contractor also agrees to comply with all other applicable federal statutes,
regulations, and executive orders, and the Contractor shall provide for such
compliance by other parties in any agreements it enters into with other parties relating
to this award.
Federal regulations applicable to this Department of Treasury award include, without
limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such
provisions as Treasury may determine are inapplicable to this award an
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F —Audit Requirements of the Uniform Guidance, implementing
the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R.
Part 25,pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170,1 pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 10 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part 180,
subpart B)that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters,pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part
20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
51.4 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of
the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain
political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by this
federal assistance.
5
51.5 False Statements. The Contractor understands that making false statements or
claims in connection with this award is a violation of federal law and may result
in criminal, civil, or administrative sanctions, including fines, imprisonment, civil
damages and penalties, debarment from participating in federal awards or
contracts, and/or any other remedy.
51.6 Publications. Any publications produced with funds from the federal award as set
forth in Attachment A must display the following language: "This project [is being]
[was] supported, in whole or in part, by federal award number [enter project FAIN]
awarded to [name of Recipient] by the U.S. Department of the Treasury."
51.7 Debts Owed the Federal Government.
a. Any funds paid to the Contractor(1) in excess of the amount to which Contractor
is finally determined to be authorized to retain under the terms of this award as set
forth in Attachment A; (2)that are determined by the Treasury Office of Inspector
General to have been misused; or (3) that are determined by Treasury to be
subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of
the Act and have not been repaid by Contractor shall constitute a debt to the
federal government.
b. Any debts determined to be owed the federal government must be paid promptly
by Contractor. A debt is delinquent if it has not been paid by the date specified in
Treasury's initial written demand for payment, unless other satisfactory
arrangements have been made or if the Contractor knowingly or improperly
retains funds that are a debt as defined in Paragraph 14(a) of the federal award as
set forth in Attachment A. Treasury will take any actions available to it to collect
such a debt.
51.8 Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to the
Contractor or third persons for the actions of Contractor or third persons resulting
in death, bodily injury,property damages, or any other losses resulting in any way
from the performance of this award or any other losses resulting in any way from
the performance of services funded under the federal award as set forth in
Attachment A or any other losses resulting in any way from the performance of
services pursuant to any contract, or subcontract under this award.
b. The acceptance of these funds provided by the federal award as set forth in
Attachment A by the Contractor does not in any way establish an agency
relationship between the United States and the Contractor.
51.9 Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee
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reasonably believes is evidence of gross mismanagement of a federal contract or
grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
51.10 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043,
62 FR 19217 (Apr. 18, 1997), The Contractor should adopt and enforce on-the-job
seat belt policies and programs for its employees when operating company-
owned, rented, or personally owned vehicles and encourage its subcontractors to
adopt and enforce on-the-job seat belt policies and programs for their employees
when operating company-owned, rented, or personally owned vehicles.
51.11 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees,
subrecipients, and subcontractors to adopt and enforce policies that ban text
messaging while driving, and the Contractor should establish workplace safety
policies to decrease accidents caused by distracted drivers.
8. Except as set forth in Paragraphs 1 through 7 of this Fourth Amendment to Agreement, in
all other respects, the terms and conditions of the Original Agreement, dated March 21, 2019, as
amended, not inconsistent herewith, shall remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first
above written.
a �• soh
",Y'` S 4 BOARD OF COUNTY COMMISSIONERS
::;- A rE i VIN MADOK, ► •
x#, kCLERK OF MONROE �;, TY, FL 11 DA
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CONTRACTOR:
AIR MECHANIC L& SERVICE CORP.
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By
Witness Sig ature Signature of person authorized to legally
„,' bind corporation
Jan Donoho Blaine Byers
Vice President
Witness Printed Name Print Name and Title
2700 Avenue of the Americas
1,4, , . 0'. ' `
Address:
Witness Signature
Bonnie L. Brousseau Englewood, FL 34224
Witness Printed Name
941-475-3715
Telephone Number
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MQNROE coign AT ORNEY`S OFFICE ..,.> «`' . `mot
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PATRiOIA FAMES �-;
ASSISTANT COUNTY ATTORNEY - .,�- ,-;
DATE: _ 3/13/2023 ._
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8
ATTACHMENT A
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
FINANCIAL ASSISTANCE AGREEMENT
OMB Approved No. 1505,-0271
Expiration Date. 11!30/2021
U S. DEP,'IR'I"MEN'1'01,"]'HE'I'RE.,kSV.JRY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS
NS Number 073876757
Monroe County Board of Commissioners Taxpayer Identification Number:596000749
1100 Simonton Street, Roorn 2-213 Assistancc Listing Nrrrnbcrarid'Fitle:21027
Key West,Florida 33040
Sections 602(b)and 003(b)of the Social Security Act(the Act)as added by section 9901 of the American Rescue Plan Act, Pub.L.
No, 117-2(March 11,2021)authorizes the Department of the Treasury(Treasury)to make payments to certain recipients from the
Coronavirus State Fiscal Recovery Fund and the Coronavirtis Local Fiscal Recoven, Fund.
Recipients hereby agrees,as a condition to receiving such payment from Treasui-y,agrees to the terms attached hereto.
Recipient:
digitally Ii,111 by Tna 1,,,
Date: 202208.02 09 11 02
-04'00'
Authorized Representative Signature(above)
Authorized Representative Namc: Tina Boan
Authorized Representative Title: Senior Director Budget& Finance
Date Signed:
U.S. Department oftp-ic'l'rcisuiy:
Authorized Representative Signature(above)
Authorized Representative Narne- Jacob Lciberiduft
,Authorized Representative Title: Chief Recovery Officer,Off-ice of Recovery programs
Date Signed: May ll4,2021
PAPERWORK REDUCTION/,(,T NOTICE
The information collected will he used for the U.S.Government to prooess requests for support The estimated burden associated with this collection of
information is t 5 ininutes per response.Conlmerits colloeming,the accuracy of this burden estimate and suggestions for reducing thus burden should be directed
to the Office of Privacy,Transparency and Records,Depailment of the Treasury,1500 PenmyN,ania rave„N.W,Washington,D C.20220.DO NOT send the
form to this address An agency may not conduct or sponsor,and a person is riot required to respond to,a.collection ofinfomialion unless it displays a valid
COULT01 IlLnibui assigned by OMH
10
U.S.DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1.Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and
financial capability to ensure proper planning,management,and completion of such project.
2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As
set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period
that begins on March 3,2021 and ends on December 31,2024.
3.Reporting_Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award.
4.Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and
603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives,
shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to
Treasury,whichever is later.
5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award.
6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs.
7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Recipient.
S.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. §
200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. §200.112.
9.Compliance with Al2plicable Law and Regrrlations.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury
pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also
agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part
200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance,
implementing the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term
set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part
180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and
subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's
implementing regulation at 31 C.F.R.Part 19.
ll
v. Recipient Integrity and Performance Matters,pursuant to which the award tern set forth in 2 C.F.R.Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii. New Restrictions on Lobbying,31 C.F.R.Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and
implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following:
i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31
C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits
discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability,
iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq.),and Treasury's implementing
regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance,and
v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits
discrimination on the basis of disability under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws,
Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2
C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act.
11.Hatch Act.Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and
7324-7328),which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of
federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and
penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law.
13.Publications.Any publications produced with funds from this award must display the following language:"This project[is
being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of
Commissioners by the U.S.Department of the Treasury."
14.Debts Owed the Federal Government.
a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determ ined to be authorized to retain
under the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been misused,or
(3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
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15.Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
16.Protections for Whistleblowers.
a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of
authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of
law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General,
iii. The Government Accountability Office,
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to
investigate,discover,or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant
native language of the workforce.
17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient
should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company-owned,rented or personally owned vehicles.
18_Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should
encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
13
OMB Approved No. 1505-0271
Expiration Date: 11/30/2021
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of
Commissioners(hereinafter referred to as"the Recipient')provides the assurances stated herein.The federal financial assistance
may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land
or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the
intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated
programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits.
This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury,
including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs,
services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which
prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and
activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42
U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance
documents.
2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English
Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national
origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs,
services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate
reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful
access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail
providing language assistance services,including oral interpretation and written translation where necessary,to ensure
effective communication in the Recipient's programs,services,and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP
guidance at 70 FR 6067.For more information on LEP,please visit httP://www.le ov.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors,
transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees,
contractors,subcontractors,successors,transferees,and assignees:
The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title T7 of the
CivilRights.4ct of 1964, which prohibits recipients offederal financial assistance from excluding from a program
or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or
national origin(42 U..S.C.§2000d et seg.), as implemented by the Department of the Treasury's Title H
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or
agreement). Title H also includes protection to persons with Limited English Proficiency"in any program or
activity receiving federal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the
Treasury's Title V1 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent
transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any
14
personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of
any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests,
on-site compliance reviews,and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VI..
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and
efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and
the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the
Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative
agency finding of discrimination,please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that
sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document
and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as
herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and
that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
Recipient Date
Tina Boan ogi�ai m oadmvo�onBn-won,
Signature of Authorized Official:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of
information is 15 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the
form to this address.An agency may not conductor sponsor,and a person is not required to respond to,a collection of information unless it displays a valid
control number assigned by OMB.
15
71/30/2023
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
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
NAME: Yarltza Soto
Baldwin Krystyn Sherman Partners LLC PHONE FAx
4211 W Boy Scout Blvd A/C No Ext: 239-931-3021 A/C,No):239-931-5604
E-MSuite 800 ADDRESS: yaritza.soto@bks-partners.com
Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC#
License#:L002281 INSURERA:Zenith Insurance Co 13269
INSURED AIRMECH-01 INSURER B:The Continental Insurance Co 35289
Air Mechanical&Service Corp. INSURERC: National Fire Insurance of Har 20478
4311 W Ida St.
Tampa FL 33614 wsURERD: CNA Insurance Co 35289
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1969738007 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
B X COMMERCIAL GENERAL LIABILITY Y Y 7036334667 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $100,000
MED EXP(Any one person) $15,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY❑ PRO ❑
JECT LOC PRODUCTS-COMP/OP AGG $2,000,000
X
OTHER: $
C AUTOMOBILE LIABILITY Y Y 7036363120 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLALIAB X OCCUR 7036371301 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n nnn $
A WORKERS COMPENSATION Y Z139757801 1/1/2023 1/1/2024 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
D Leased&Rented Equipment 7036363263 1/1/2023 1/1/2024 Limit per occurence $350,000
Limit per item $100,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Certificate Holder is included as Additional Insured with respect to General Liability and Auto Liability if required by written contract and subject to terms,
conditions and exclusions of the policy.A Waiver of Subrogation applies to the general liability,auto liability,&workers compensation policies if required by
written contract,and subject to terms,
conditions,and exclusions of the policy. I'Sr'
.,
my
31 2 3
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key West FL 33040 '12Vtozi,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD