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Item T04 T.4 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: T.4 Agenda Item Summary #11846 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of Fourth Amendment to Agreement with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County to update contract provisions. ITEM BACKGROUND: On March 21, 2019, the BOCC approved a Bid Award Agreement with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County. There was an initial three (3) year term beginning April 1, 2019, which terminated on March 31, 2022, with the option to renew for an additional two (2) one-year periods. On July 15, 2020, the BOCC approved a First Amendment to revise the contract provisions for Maintenance of Records, Non-Discrimination, and Termination, and to add certain required Federal provisions. Due to COVID-19 loss of County revenue, there was not a CPI-U increase in 2020. On March 16, 2022, the BOCC approved a Second Amendment with a 7% CPI-U increase, revised the Scope of Work to clarify Ductwork and Piping Insulation repair and replacement work and rates, renewed for a one-year period, and updated some contract provisions. On February 15, 2023, the BOCC approved a Third Amendment increasing payments to the Contractor by an annual CPI-U increase of a 6.5%based on the CPI-U on December 31, 2022, exercised the option to renew the agreement term for the second of two optional, one-year renewals with the new term to commence on April 1, 2023, and terminate on March 31, 2024, and updated certain provisions to comply with State or County contract provisions. In 2022, Monroe County entered into the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement ("ARPA Funding Agreement") and received grant funding for various projects to now be done utilizing those funds. In order to do so, however, some of the contractor agreements will need to be updated to include certain provisions required by the ARPA Funding Agreement. Some additional Federal or FEMA provisions in this contract also need revised or updated as well. Staff seeks approval of this Fourth Amendment to update contract provisions to comply with Federal, State or County contract provisions as well as the ARPA Funding Agreement. PREVIOUS RELEVANT BOCC ACTION: Packet Pg.4390 T.4 February 15, 2023 BOCC approved a Third Amendment to Agreement with a 6.5% CPI-U increase, renewed for a one-year period, and updated some contract provisions. March 16, 2022 BOCC approved a Second Amendment to Agreement with a 7% CPI-U increase, revised the Scope of Work to clarify Ductwork and Piping Insulation repair and replacement work and rates, renewed for a one-year period, and updated some contract provisions. July 15, 2020 BOCC approved a First Amendment to Agreement to revise the contract provisions for Maintenance of Records, Non-Discrimination, and Termination, and to add certain required Federal provisions. Due to COVID-19 loss of County revenue, there was no CPI-U increase in 2020. March 21, 2019 BOCC approved a Bid Award Agreement for Chiller Maintenance and Service in Monroe County with Air Mechanical & Service Corp. CONTRACT/AGREEMENT CHANGES: Fourth Amendment to Agreement for Chiller Maintenance and Service to update contract provisions. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 02-15-2023-C4_Thrid Amendment-Air Mechanical Service Corp Exec Fourth Amendment 3-22-23 (Proposed Final legal stamped) 2nd Amendment 03 16 2022-AMSCO-Exec 1st Amendment 07/15/2020 03/21/2019 Agreement COI AMSCO-2023-2024-Exec FINANCIAL IMPACT: Effective Date: 3/22/2023 Expiration Date: 03/31/2024 Total Dollar Value of Contract: $220,000.00/year Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: N/A CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Packet Pg.4391 T.4 Grant: No County Match: N/A Insurance Required: Yes Additional Details: This Fourth Amendment seeks to update certain contract provisions and to add provisions to address the ARPA Funding Agreement. N/A REVIEWED BY: William DeSantis Completed 03/06/2023 12:01 PM Patricia Eables Completed 03/13/2023 2:36 PM Purchasing Completed 03/13/2023 3:37 PM Budget and Finance Completed 03/14/2023 9:47 AM Brian Bradley Completed 03/14/2023 11:22 AM Lindsey Ballard Completed 03/14/2023 1:30 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg.4392 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 6, 2023 TO: William DeSantis, Director 06 Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Z Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: February 15th BOCC Meeting The following item has been executed and added to the record: a� X C4 3rd Amendment to Agreement with Air Mechanical & Service Corp. for Chiller I CL Maintenance and Service in Monroe County, for a 6.5% CPI-U increase, renewal of the second 0 of optional one-year term, and update contract provisions. Funding is Ad Valorem. 0 2 Should you have any questions please feel free to contact me at(305) 292-3550. 0 LO a c� E i cc: County Attorney Finance N File N LO E c� 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 Packet Pg.4393 T.4.a THIRD AMENDMENT TO AGREEMENT FOR a� CHILLERS MAINTENANCE AND SERVICE MONROE COUNTY,FLORIDA 06 This Third Amendment to Agreement is made and entered into this 15th day of February 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. Z U 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 CL 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 U Insulation repair and replacement, to increase payment amounts in accordance with the CPI-U 0 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 2 WHEREAS, paragraph 6 of the Original Agreement, as amended, provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year, and provides for two (2) optional one-year renewal periods to extend the term of the agreement; and WHEREAS,the parties also desire to amend only the first paragraph of Paragraph 10 of the Original Agreement, as amended, to add and/or update provisions of that paragraph to bring E it current with certain County or State required contract provisions; and WHEREAS,the parties desire to execute the option to renew the Original Agreement for the second of two (2) optional renewals with a CPI-U increase of six and five tenths percent 9 (6.5%), and amend a certain provision of Paragraph 10; and N N LO WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this Third Amendment to Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1 Packet Pg.4394 T.4.a 1. In accordance with Paragraph 5 D, Pavments to Contractor, of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract is hereby > amended with an effective date of April 1, 2023, and shall be as follows: 06 Labor—Normal working hours of 8:00 a.m.to 5:00 p.m., Monday through Friday, excluding holidays shall increase from $ 85.60 per hour to$91.16 for mechanic, and from $133.75 per hour to$142.44,for mechanic plus helper. The Overtime rate for hours other than the normal working hours as stated above, including holidays, shall increase from $ 107.00 per hour to $113.95 for mechanic, and $ 13 9.10 per hour to $148.14 for mechanic plus helper. Z Ductwork and Piping Insulation repair and replacement work shall be invoiced at the same hourly rates as a mechanic ($91.16) and a mechanic plus helper($142.44) for Normal working hours; and Overtime rates, as a mechanic($113.95) and a mechanic plus helper($148.14). All other provisions of Paragraph 5 D., not changed herein, remain the same. 2. Paragraph 6 of the Original Agreement, as amended, provides that the Contract amount i may be adjusted annually in accordance with the percentage change in the U.S. Department of CL Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. U Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the c� previous year. The CPI-U adjustment on December 31, 2022, was six and five tenths percent (6.5%) and the effective date of the change in hourly rates shall become effective on April 1, 2023. 2 ,E 3. In accordance with the Original Agreement, Paragraph 6, Term of Agreement, the County shall exercise its option to renew the Original Agreement for the second of two (2) optional one-year periods. This one (1) year renewal option shall commence on April 1, 2023, and ends upon March 31, 2024, unless terminated earlier under Paragraph 20 of the Original Agreement. E 4. The first paragraph only of Paragraph 10, HOLD HARMLESS, INDEMNIFICATION DEFENSE AND INSURANCE of the Original Agreement, as amended, is hereby amended to delete the current first paragraph of Paragraph 10, as set forth in the Original Agreement and replace it in its entirety with the following first paragraph: c� c� 10. HOLD HARMLESS INDEMNIFICATION DEFENSE AND INSURANCE LO Notwithstanding any minimum insurance requirements prescribed elsewhere in c� this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating 2 Packet Pg.4395 T.4.a to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated > with respect to, or sustained by, any indemnified party by reason of, or in LO connection with, (A) any activity of the Contractor or any of its employees, 06 agents, contractors or other invitees during the term of this Agreement, (B) the c� negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the Z County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 10 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. Wi CL L_ All other subsequent paragraphs, after this initial first paragraph, currently contained within U Paragraph 10 of the Original Agreement,as amended, remain the same. 0 5. Except as set forth in Paragraph 1 through 4 of this Third Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. c� [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] i U N N LO N 4i c� 3 Packet Pg.4396 T.4.a IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first �r� UU61 .written. 06 " ( I. A, a BOARD OF CQMTY COMMISSIONERS VIN MADOK, CLERK OF MONK LINTY,F I© By Asputy Cl ��o I � Mayot Date 2 i 2GZ U E CONTRACTOR: AIR MECHANICAL& SERVICE CORP. _ ,� -- ..L By - � i Witness Signature Signature of person au lforized to legally 0 bind corporation U �l Witness Printed Name Print Name and Title 7 ??��L�..--a%�`�- � �,��. .C....a Address: a�7oo A1/el°lU.e, o4 y`k Witness Signatur!e le-MOO 61 FL- Witness Printed Name (/79 4 75-3 `�/.5 E Telephone Number E .w : pit s 3 i D,X'fO G� cN cr'� cN MYE" 1J27/Z�23 C, E c� 4 Packet Pg.4397 T.4.a ,4c�o�zo® CERTIFICATE OF LIABILITY INSURANCE FDA�TE1/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of c5 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). y PRODUCER CONTACTNAME: Yarltza Soto Baldwin Krystyn Sherman Partners LLC PHONE FAX 4211 W Boy Scout Blvd ,vc No Ext: 239-931-3021 A/C,No:239-931-560406 Suite 800 ADDE-MRESS: yaritza.soto@bks-partners.com 0 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: U 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 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 DAMAGE TO RENTED ' CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $15,000 (y PERSONAL&ADV INJURY $1,000,000 UJI GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 I PRO- X POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 0 OTHER: $ L) 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 LO X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ U B X UMBRELLALIAB X OCCUR 7036371301 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000 M 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 a Limit per item $100,000 E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe 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. AIru'a t3 CN CN CN 1 . 31 . 23LO CERTIFICATE HOLDER CANCELLATION d :- Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II 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 Packet Pg.4398 T.4.b FOURTH AMENDMENT TO AGREEMENT FOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA 2 C 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. 06 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 2 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 a current revisions pursuant to its ordinances and/or Federal required contract provisions; and 0 WHEREAS, on March 16, 2022, the BOCC approved a Second Amendment to E 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 CL WHEREAS, on February 15, 2023, the BOCC approved a Third Amendment to U) 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 2 provisions of the first paragraph of Paragraph 10 to bring it current with certain County or State required contract provisions; and U_ U) WHEREAS, the parties desire to amend the Original Agreement, as amended, to add 0. 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 N c� 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: c� 1 Packet Pg.4399 T.4.b 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 06 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 2 Section 55.03, Florida Statutes, running from the date the monies were paid by the 2 Owner. U Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to E evidence compliance with Section 602(c), Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. CL 2) The Department of the Treasury Office of Inspector General and the Government E Accountability Office, or their authorized representatives, shall have the right of U) access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. 2 All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 8 of the Original Agreement, as amended, remain the same. 0 CL 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 E E 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 U- misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. c� 2 Packet Pg.4400 T.4.b 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. 2 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: 2 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 06 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_ CL 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 r provide a preference for the purchase, acquisition, or use of goods, products, or 2 materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements U_ 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: 0 (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; E glass, including optical fiber; and lumber. a� E 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: 0 Other Federal and/or FEMA Requirements (as applicable) a� E c� 3 Packet Pg.4401 T.4.b 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 2 of the state Energy Conservation Plan adopted pursuant thereto. c� 6. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 50, and shall read as follows: a� 2 50. The Contractor shall be bound by the terms and conditions of the applicable Federally-Funded Coronavirus State & Local Fiscal Recovery Fund Financial 06 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 2 following Paragraph 51, Additional Federal and/or Department of the Treasury Requirements, as 2 applicable, as related to the ARPA Funding Agreement, and shall read as follows: 51. Additional Federal, and/or Department of the Treasury Requirements E (as applicable): The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: CL 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 2 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 U_ affecting the awarded funds in accordance with 2 C.F.R. § 200.112. U) 0 CL 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 N 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. 0 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 0 E fund all or a portion of the contract. The Contractor agrees to comply with the 4 Packet Pg.4402 T.4.b 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, .2 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. c� Federal regulations applicable to this Department of Treasury award include, without limitation, the following: LO 06 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 a� 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 C, requirement to include a term or condition in all lower tier coveredcu U) 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 2 implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters,pursuant to which the award U_ term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. C 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. a� E 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 U_ zi employment is in connection with an activity financed in whole or in part by this federal assistance. E c� 5 Packet Pg.4403 T.4.b 0 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 2 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] a� [was] supported, in whole or in part, by federal award number [enter project FAIN] 06 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 U 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 U) 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 0 Contractor or third persons for the actions of Contractor or third persons resulting 0- 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 N 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. u 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. 0 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 c� 6 Packet Pg.4404 T.4.b 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; LO 06 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; 2 vi. A court or grand jury; or as 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 E 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 U) 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, 0 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. N 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 E amended, not inconsistent herewith, shall remain in full force and effect. d [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 0 [SIGNATURE PAGE TO FOLLOW] a� E c� 7 Packet Pg.4405 T.4.b IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first above written. I 2 (SEAL) BOARD OF COUNTY COMMISSIONERS u ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA d 2 By By As Deputy Clerk Mayor 06 a� Date CONTRACTOR: AIR MECHANICAL & SERVICE CORP. By Witness Signature Signature of person authorized to legally bind corporation Witness Printed Name Print Name and Title E U) Address: Witness Signature U) Witness Printed Name 0 CL 0 Telephone Number cN C� M E d ,N E TTORNErS OFFICE �` ED:fkS_T 0 OPT E PA MBA E LE m ,,,, .w ASSISTMT COUNTY ATTORNEY 0 DATE, 3/13/202 E c� 8 Packet Pg.4406 0 .2 ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS .2 FINANCIAL ASSISTANCE AGREEMENT 06 u E E CL E U) u- U) 0 CL 0 cn CN CN c� cn a 0 E E .a 0 u- E Packet Pg.4407 OMB Approved No. 1505,-0271 0 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)authorizcs the Department of the Treasury(Treasury)to nrakc payments to certain recipicrits from the Coronavirus State Fiscal Recovery Fund and the Coronavirtis Local Fiscal Recoven, Fund. cs 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 U -04'00' Authorized Representative Signature(above) E Authorized Representative Name: Tina Boan E Authorized Representative Title: Senior Director Budget& Finance Date Signed: CL E U.S. Department oftp-ic'l'rcisuiy: U) C-L— U- U) 0 Authorized Representative Signature(above) CL 0 L- Authorized Representative Narne- Jacob Lciberiduft (L M ,Authorized Representative Title: Chief Recovery Officer,Off-ice of Recovery programs C14 C14 Date Signed: May ll4,2021 C 1 M PAPERWORK REDUCTION/,(,T NOTICE The information collected-,mill he used for the U.S.Government to process requests for support The estimated bLltLdCn 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 E to the Office of Priv w,Transparency and Records,Depailment of the Treasury,1500 PenmyNania,,ve,N.W,Washington,D C.20220.DO NOT send the forma to this address An agency may not conduct or sponsor,and a person is riot required to respond to,a.collection of infomialion unless it displays a valid 0) COULT01 IlLnibui issigred by OMH E 0 U- E 10 < Packet Pg.4408 T.4.b 0 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND c� 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. as 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 06 set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period 0 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. 'a 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. CL E S.Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § U) 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 Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury 0 pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also 0 agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for CL 0 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 cN 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such c� 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. qp E 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. E 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 0 180,including the requirement to include a term or condition in all lower tier covered transactions(contracts and LL 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. qp E c5 ll Packet Pg.4409 T.4.b 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. 2 vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. c5 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: as 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 t3 v. Title II of the Americans with Disabilities Act of 1990,as amended 42 U.S.C. 12101 et se( §§ q.),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 C' 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. U) 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 LL being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of 0 Commissioners by the U.S.Department of the Treasury." U) CL 14.Debts Owed the Federal Government. L_ CL 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 1 CN (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. M b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has q�p 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. 0 E U 12 Packet Pg.4410 T.4.b 0 c2 c� 15.Disclaimer. ds 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, cy 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 LO 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: ") t3 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 CL investigate,discover,or address misconduct. E c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant e) native language of the workforce. ra 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 U) encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and 0 CL Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 0- CL c14 cN c'� M E E 0 13 Packet Pg.4411 T.4.b OMB Approved No. 1505-0271 0 Expiration Date: 11/30/2021 2 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 qp 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. 06 This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, 0 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 U 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. C, E 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 e) guidance at 70 FR 6067.For more information on LEP,please visit httP://www.le ov. 76 �9 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, 0 CL contractors,subcontractors,successors,transferees,and assignees: 0- 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 N or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or CN national origin(42 U..S.C.§2000d et seq), as implemented by the Department of the Treasury's Title H C regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or M 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 E contract or agreement. dt E 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 0 E 14 Packet Pg.4412 T.4.b 0 76 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or 2 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 U 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 06 Recipient has received no complaints under Title VI.. 0 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 U 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. 'L3 CL E Recipient Date Tina Boan ogi'ailym oadmvon�onBn-won, U) Signature of Authorized Official: �y 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 0) control number assigned by OMB. 0 IL 0 L_ CL CN a CN Ca M E E 0 E U 15 Packet Pg.4413 G GV�S COUR BOOy T.4.c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN ppp pW W DATE: March 18, 2022 c TO: Alice Stervou Contract Monitor c� FROM: Liz Yongue, Deputy Clerk SUBJECT: March 16'BOCC Meeting 2 Attached are copies of the following items for your handling: a� C2 211d Amendment to Agreement with Air Mechaiiical& Sel-NIlice Corp. for Chiller Maintenance and Sel-N11ice iii Monroe Comity, for a 7% CPI-U nicrease, clarifying ductwork and pipiiig insulation repair and replacement work rates,renew for the first of two optional one-year a renewals, and update contract provrisions. Ftuiduig is ad valorem. C4 3rd Amendment to Agreement with Sub-Zero, Inc.,for Lower Keys HVAC Maintenance& Sel-N11ice,for a one-year renewal, a 7% CPI-U nicrease, and changes to contract t3 provrisions. Ftuiduig is ad valorem. Should you have any questions please feel free to contact me at (305) 292-3550. d c� x U CN CN CN i W M i cc: County Attorney E Finance File CN E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.4414 T.4.c I Monroe County Chiller Maintenance Agreement SECOND AMENDMENT TO AGREEMENT FOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA This Second Amendment to Agreement is made and entered into this 16th day of March 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and AIR MECHANICAL & 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 06 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, the parties desire to amend the Original Agreement to revise the Scope of Z 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, the parties have found the Original Agreement, as amended, to be mutually beneficial; and c� X WHEREAS, the CONTRACTOR agrees and consents to such revisions in its Original Agreement; and U WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to Agreement; c� i NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenantsi set forth below, the parties agree as follows: 1. Paragraph 2, SCOPE OF WORK, of the Original Agreement is hereby amended to E revise the Scope of Work in order to include services for Ductwork and Piping Insulation repair and replacement and said Paragraph 2 of the Original Agreement shall be deleted in its entirety E and replaced with the following paragraph: N 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and/or services shown and listed in Exhibit "A —Revised", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated Packet Pg.4415 T.4.c 2 Monroe County Chiller Maintenance Agreement by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. See Exhibit"A—Revised" 2 2. In accordance with Paragraph 5 D, Payments to Contractor, of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract is hereby amended with an effective date of April 1, 2022, and shall be as follows: " Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays shall increase from $ 80.00 per hour to $85.60 for mechanic, and from $125.00 per hour to $133.75, for mechanic plus helper. 06 The Overtime rate for hours other than the normal working hours as stated above, including holidays, shall increase from $ 100.00 per hour to $107.00 for mechanic, and $ 130.00 per hour to $139.10 for mechanic plus helper. Ductwork and Piping Insulation repair and replacement work shall be invoiced at the same hourly rates as a mechanic ($85.60) and mechanic plus helper($133.75) for Normal working hours and Overtime rates, as a mechanic ($107.00) and Z mechanic plus helper($139.10). All other provisions of Paragraph 5 D., not changed herein, remain the same. a� 3. Paragraph 6 of the Original Agreement, as amended, provides that the Contract amount E may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the X previous year. The CPI-U adjustment on December 31, 2021, was seven percent (7%) and the 0 effective date of the change in hourly rates shall become effective on April 1, 2022. d 4. In accordance with the Original Agreement, Paragraph 6, Term of Agreement, the N County shall exercise its option to renew the Original Agreement for the first of two (2) optional Ni one-year periods. This one (1) year renewal option shall commence on April 1, 2022, and ends i upon March 31, 2023, unless terminated earlier under Paragraph 20 of the Original Agreement. 5. Paragraph 13, NONDISCRIMINATION, of the Original Agreement, as amended, is E hereby amended to delete the current paragraph 13 as set forth in the Original Agreement, and u replace it in its entirety with the following paragraph: 13. NONDISCRIMINATION/EOUAL EMPLOYMENT OPPORTUNITY `N CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of c� competent jurisdiction that discrimination has occurred, this Agreement CU automatically terminates without any further action of the part of any parry, Packet Pg.4416 T.4.c 3 Monroe County Chiller Maintenance Agreement effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as as applicable, relating to nondiscrimination. This include but are not limited to: 1) U- Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits a discrimination on the basis of race, color or national origin; 2) Title IX of the 0 Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- ra 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as .2 amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 06 a� Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans U with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. W 0 U LO During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, N 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending N Executive Order 11246 Relating to Equal Employment Opportunity, and Ni implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contracts Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: E 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, E d gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex E sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or Packet Pg.4417 T.4.c 4 Monroe County Chiller Maintenance Agreement termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in as conspicuous places, available to employees and applicants for employment, U_ notices to be provided setting forth the provisions of this nondiscrimination a clause. 0 2) The CONTRACTOR will, in all solicitations or advertisements for employees ra placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or .2 applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall 06 a� not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, U including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR'S commitments under this section, and shall post copies of the notice in conspicuous places available to W employees and applicants for employment. U 5) The CONTRACTOR will comply with all provisions of Executive Order 2 11246 of September 24, 1965, and of the rules, regulations, and relevant N orders of the Secretary of Labor. Ni 6) The CONTRACTOR will furnish all information and reports required by W Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the ,E Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, Zi 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 Packet Pg.4418 T.4.c 5 Monroe County Chiller Maintenance Agreement invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or c 0 orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; 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 06 agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 6. Paragraph 18, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and as replace it in its entirety with the following paragraph: 18. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this X paragraph. Notice is deemed received by CONTRACTOR when hand delivered I by national courier with proof of delivery or by U.S. Mail upon verified receipt or U en upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: N c� FOR COUNTY: FOR CONTRACTOR: i Monroe County Air Mechanical & Service, i Facilities Maintenance Department Corp. 123 Overseas Highway—Rockland Key 2700 Avenue of the Americas Key West, FL 33040 Englewood, FL 34224 ,E and E County Attorney N 1111 12'h Street, Suite 408 Key West, FL 33040 E c� Packet Pg.4419 T.4.c 6 Monroe County Chiller Maintenance Agreement 7. Paragraph 20, TERMINATION, of the Original Agreement, as amended, is hereby amended to add subparagraph F as follows, with all other provisions of Paragraph 20, A through as E, to remain the same: U- 20. TERMINATION 0 F. For Contracts of $1,000,000 or more, if the County determines that the ra Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the 2.1 County shall have the option of(1) terminating the Agreement after it has 0 given the Contractor/Consultant written notice and an opportunity to 06 a� demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(4), Florida Statutes, are met. 8. Paragraph 25, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the U Original Agreement, as amended, is hereby amended to delete the current paragraph 25, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or W issues are still not resolved to the satisfaction of the parties, then any parry shall 0 have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraphs 13 or 20 concerning termination or cancellation. Ci W 9. Paragraph 37, PUBLIC ENTITY CRIME INFORMATION STATEMENT, of the M1 Original Agreement, as amended, is hereby amended to delete the current paragraph 37, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 37. PUBLICE ENTITY CRIME INFORMATION STATEMENT d "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or E repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and Packet Pg.4420 T.4.c 7 Monroe County Chiller Maintenance Agreement may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 0 10. Paragraph 43.1, Clean Air Act (42 U.S.C. §§7401-7671c.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387, as amended), of the Original Agreement, as .2 amended, is hereby amended to delete the current paragraph 43.1 as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following u paragraph: 43.1 Clean Air Act (42 U.S.C. §§7401-7671c.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387, as amended). Contractor a� agrees to comply with all applicable standards, orders or regulations issued 06 pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and 0 the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251- 1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The Z contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. c� 11. Paragraph 43.2, Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148), of the Original X Agreement, as amended, is hereby amended to delete the current paragraph 43.2, as set forth in 0 the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: N N 43.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required Ni by Federal program legislation, which includes Emergency Management W Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction E contracts in excess of $2,000, for the construction, alteration, or repair (including painting and decorating) of public buildings or public works, awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally z, Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy Packet Pg.4421 T.4.c 8 Monroe County Chiller Maintenance Agreement of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit `B - Revised" to Original Agreement and made a part hereof). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. c 0 2 When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, u Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, 06 must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as 0 supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give 2 up any part of the compensation to which he or she is otherwise entitled. The Z COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 0 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40 S U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. X ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any 0 subcontracts the clause above and such other clauses as FEMA may by U appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The N prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and E subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti- Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a Packet Pg.4422 T.4.c 9 Monroe County Chiller Maintenance Agreement representative of a Federal or State agency in charge at the site of the building or work. 12. Paragraph 43.3, Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701- 3708), of the Original Agreement, as amended, is hereby amended to delete the current 0 paragraph 43.3, as set forth in the First Amendment to Original Agreement, and replace it in its ra entirety with the following paragraph: c� 43.3 Contract Work Hours and Safety Standards Act(40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 2.1 �3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 0 Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute 06 the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or U dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. �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 in any workweek in which he or she is employed on such work to work in excess `i of forty hours in such workweek unless such laborer or mechanic receives 0 compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages;liquidated damages. In the event of any N violation of the clause set forth in paragraph(b)(1) of 29 C.F.R. §5.5, the Ni contractor and any subcontractor responsible therefor shall be liable for thei unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted N to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative Packet Pg.4423 T.4.c 10 Monroe County Chiller Maintenance Agreement of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any c 0 liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2). (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1)through(4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.5 (1)through(4). 06 c� 13. Paragraph 43.5, Debarment and Suspension (Executive Orders 12549 and 12689), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.5, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a"covered transaction" (see 2 C.F.R. �180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well X as parties declared ineligible under statutory or regulatory authority other than 0 Executive Order 12549. SAM exclusions can be accessed at �v; v;w,,s i1 gc;y;. U Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded N (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The c� contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, V- subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Packet Pg.4424 T.4.c ll Monroe County Chiller Maintenance Agreement 14. Paragraph 43.6, Byrd Anti-Lobbying Amendment (31 U.S.C. §1352), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.6, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 0352). CONTRACTORS c that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal 06 award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit"C"to Original Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 15. Paragraph 43.7, Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.7, as set forth in the First Amendment to the Original Agreement, and replace it in 0 its entirety with the following paragraph: a� E 43.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in w guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent U with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the N preceding fiscal year exceeded $10,000; procuring solid waste management Q services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered ,i materials identified in the EPA guidelines. In the performance of this contract the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, u is available at EPA's Comprehensive Procurement Guidelines web site, E https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of < Section 6002 of the Solid Waste Disposal Act. Packet Pg.4425 T.4.c 12 Monroe County Chiller Maintenance Agreement 16. Paragraph 43.13, DHS Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.13, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of c 0 Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 17. Paragraph 43.14, Compliance with Federal Law, Regulations, and Executive Order, of the Original Agreement is hereby amended to delete the current Paragraph 43.14, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 06 43.14 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 18. The Original Agreement, as amended, is hereby amended to add the following Paragraph Z 43.17, Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322 and shall read as follows: 43.17 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 X that contain the highest percentage of recovered materials practicable, consistent 0 with maintaining a satisfactory level of competition, where the purchase price of U the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management N services in a manner that maximizes energy and resource recovery; and Q establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract ,i the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. CN Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web-site, u https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. E The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Packet Pg.4426 T.4.c 13 Monroe County Chiller Maintenance Agreement 19. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 43.18, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216, and shall read as follows: 43.18 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216. Recipients and c subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or 06 ZTE Corporation (or any subsidiary or affiliate of such entities). a� (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Z (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. c� X 20. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 43.19, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, and U shall read as follows: N 43.19 Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, on 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- E based products such as polyvinyl chloride pipe; aggregates such as concrete; CU glass, including optical fiber; and lumber. Packet Pg.4427 T.4.c 14 Monroe County Chiller Maintenance Agreement 21. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 43.20, No Obligation by Federal Government, and shall read as follows: 43.20 No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry pertaining to any c 0 matter resulting from the contract. ra .2 22. The Original Agreement, as amended, is hereby amended to add the following as u Paragraph 43.21, Program Fraud and False or Fraudulent Statements or Related Acts, and shall read as follows: a� 2 43.21 Program Fraud and False or Fraudulent Statements or Related Acts. The a� contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for 06 False Claims and Statements) applies to the contractor's actions pertaining to this 0 contract. 23. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 47, ETHICS CLAUSE, and shall read as follows: 47. ETHICS CLAUSE U "CONTRACTOR warrants that it had not employed, retained, or otherwise had u act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." W U 24. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 48, UNCONTROLLABLE CIRCUMSTANCE, and shall read as follows: CN Q cN i 48. UNCONTROLLABLE CIRCUMSTANCE V- Any delay or failure of either Party to perform its obligations under this � Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if � it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical stone, hurricane or other declared emergency in < the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the N geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or Packet Pg.4428 T.4.c 15 Monroe County Chiller Maintenance Agreement contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ° ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. 25. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 49, E-VERIFY SYSTEM, and shall read as follows: 06 49. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat. Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term 3 of the Contract and shall expressly require any subcontractors performing work or C providing services pursuant to the Contract to likewise utilize the U.S. ; = Department of Homeland Security's E-Verify system to verify the work '.~~' _ authorization status of all new employees hired by the subcontractor during the r3 C- Contract term. Any subcontractor shall provide an affidavit stating that the �T = subcontractor does not employ, contract with, or subcontract with an unauthorized mre alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. X U LO 26. Except as set forth in Paragraph 1 through and 25 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. Q i IN WITNESS WHEREOF,the parties have hereunto set their hands and seal, the day and year first M written.. z3 S t� BOARD OF U T COMMISSIONERS EVIN MADOK, CLERK OF MONR C ORIDA By cN ' As D uty berk Mayor +��YNiT M TH.J E Date I U 17027- N1gNR0E-eautm=RrroflNEY°S bFFIGE U 1JED}1ST4 OAM � =PATR1ClA,EA8l.E3._.. ASSaBT. p �y,.�T�QRNEY Packet Pg.4429 T.4.c 16 Monroe County Chiller Maintenance Agreement CONTRACTOR: AIR MECHANICAL& SERVICE CORP. r r Y By gn g � Witness Signature Signature of.._. �. person authorized to legally bind corporation ' ,nrm, rm I, Mark C e i ;;q,.an, , 1.ce Rr e s.l d. , , Witness Printed Name Print Name and Title w 0 0 A, u he Ame.iricas Address. fitness Signature � � En. 1, o �, 34224 Witness Printed Name (3 4:III„i 475,,,,,3 Telephone Number U E c� x U CN cN cN i M i E E cN E c� Packet Pg.4430 17 Monroe County Chiller Maintenance Agreement U- 0 .2 EXHIBIT "A REVISED" SCOPE OF WORK .2 06 Z U E E x w 0 U CN CN Q CN w T-I M E E CN E Packet Pg.4431 T.4.c 18 Monroe County Chiller Maintenance Agreement EXHIBIT "A" - REVISED SPECIFICATIONS: The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) 0 hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four(24) hour service. c� The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental) plus agreed upon percentage (%) of mark up, used in repair of County owned and maintained HVAC Chiller systems. Manufacturer's invoice must accompany all requests for payment. All parts and `2 materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials, whether the part is 06 under warranty or not, freight invoices must accompany requests for payment. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. U Supervision and Inspection of Work Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that �E any problems that may arise will be taken care of promptly, the Contractor will maintain a twenty-four (24) hour telephone contact, seven (7) days per week, for the receipt of any complaints and/or addressing any issues. x Random inspections shall be performed by County Representatives from the Facilities is Maintenance Director administering the contracts. Deficiencies shall be corrected within a twenty-four (24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. Q cN i SCOPE OF WORK: The Contractor shall furnish maintenance and repairs, including all necessary labor, equipment, E permits, licenses, insurances, travel costs, and all other costs associated with same for the following: N E c� Packet Pg.4432 T.4.c 19 Monroe County Chiller Maintenance Agreement CHILLER SYSTEMS AND LOCATIONS BUILDING LOCATION CHILLER TONS Key West Jackson Square 500 Whitehead 1 - Daiken 100 St., Key West 500 Whitehead Key West Jackson Square 1 -York 100 St., Key West nE Harvey Government Center 1200 Truman 1 - Daiken 100 Avenue, Key West Gato Building 1100 Simonton 1 - Daiken 100 Street, Key West 06 Gato Building 1100 Simonton 1- Carrier 100 Street, Key West Monroe County Detention 5501 College Rd., Daiken 87 Facility- Headquarters Key West Monroe County Detention 5501 College Rd., Facility Key West 2 - Daiken 300 U Monroe County Detention 5501 College Rd., Facility- Department of 2 -Carrier 80 Juvenile Justice Key West 3301 Overseas E Medical Examiners Office Highway, 1 - Daiken 60 _ Marathon Murray E. Nelson Government 102050 Overseas Highway, Key 1 -Carrier 96 U Center Largo N N N W B. Repair and Maintenance for HVAC Chillers 1. Service Levels E a) The service level that Monroe County will be seeking is level 1 service, which includes monthly, quarterly, and annual maintenance, as recommended by the manufacturer. b) The specific service steps are listed in the manufacturer's service guidelines for each make and model of chiller unit. d Packet Pg.4433 T.4.c 20 Monroe County Chiller Maintenance Agreement c) In addition, the Proposer will quote the cost, where appropriate, to return each chiller to full manufacturer's operating condition. This is defined as the ability to operate chillers and its performance parameters in order to achieve the highest efficiency of the unit and provide energy 'a savings through its highest performance possible. 0 2. Bid prices shall include all scheduled inspections and maintenance needed to complete service. Should Monroe County require additional services or items provided by Contractor, but said services and/or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the contract parameters will be adhered to by the Contractor. LO 06 3. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. Z U 4. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any Chiller system malfunction within four (4) hours of verbal, written, or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. c� 5. The Contractor shall have access to a supply of all parts and controls normally X necessary for the emergency repairs of all County Chillers so that such I emergency repair will be completed within forty-eight(48) hours of notification U by the Owner. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials plus thirty-five percent N (35%) (except freight, tax, services supplied by others, and equipment rental) used in the repair of all County maintained Chiller systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shalli be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials, u whether the part is under warranty or not, freight invoices must accompany requests for payment. d 6. Annual Maintenance is defined as: c� a) Centrifugal Chillers (Carrier) i. Customer Notification of Unit Maintenance ii. Initial Site Inspection iii. Lock Out Tag Out Chiller Packet Pg.4434 T.4.c 21 Monroe County Chiller Maintenance Agreement iv. Electrical Inspection V. Meg Motor A Motor Terminals vi. Control Panel Calibration Check vii. High Pressure Refrigeration Leak Check Inspection viii. Condenser Tube Brushing, Including Head Removal ix. Check Head Operation c 0 X. Oil Analysis Per Circuit Generic xi. Compressor Oil Level Check xii. Manual Log b) Air Cooled (Trane and Daiken) c� i. Customer Notification ii. Initial Site Inspection iii. Review Diagnostics 06 iv. Lock Out Tag Out At Main Disconnect V. Electrical Inspection (RTA) vi. Compressor Starter Inspection vii. Flow/Differential Mechanical Switch Check viii. Remove Lock Out Tag Out At Main Disconnect ix. Condenser Fans Check RTA Per Circuit Z X. Condenser Coil Check U xi. Oil Return Operation Check per Circuit xii. Oil Level Check(Screw Machines)Per Circuit E xiii. Oil Analysis Per Circuit xiv. Low Temperature Sensor Calibration E xv. Control Panel Calibration Check xvi. Leak Test Inspection (Positive Inspection) xvii. Coil Cleaning Solution (Applied) xviii. Start Unit W xix. Compressor Check (HeliRotor Compressors) 0 xx. Compressor and Oil Seperator Heater Check xxi. Techview/Kestrel View Connection xxii. Run Service Report From Kestrel View N xxiii. Techview/Kestrel View Disconnection N xxiv. Complete Required Paperwork TI E N E c� Packet Pg.4435 T.4.c 22 Monroe County Chiller Maintenance Agreement COOLING TOWER MAINTENANCE 3iervke o nthl mnirl nunuual finspect General Condition andl Operation x0 Ckmenre Operation of: Mcotor,Coupling,l , Gearbox and Fan x 2 Makeup Valve 11 Inspect and Clean: linspect Clears Air Illndet Louvers x X: Drift Eliminators 11 X: � Cold Water Basin and Eluutlet 11 X: � Hot'"Water Basin 11 X: _ U (Faun iP+otar'Exterivr 11 :X: Checkc LO Codd Water Basin ILevel 11 Check Gearbox for; U Oiil IL,eaks 11 Proper er Oil ILevellll 11 Lm3se Balts or 0iillll Plug lol: PlLt will Oiil Limes of Vents x Thorou&lllhy IInspect Mechanical Coupling X: Check Gearbux oil 11 ' Check and Ti hten as Required: Z Mechanical E,quuiprnent IBolllts :X: U Motor Aunchmo,r Wilts :X: � Tower IFramroework Structural Bolts. :X: � E (Fawn ssemhly B434ts lol: Ilins rct Meltal uurfa e-and Trow lh urn ll: Note;-Gear ILnutbe shall take F place every 5!dears ursiiing synthetbr,gear Iudbe. ° U x W U N CN CN I I E E CN 4i E c' Packet Pg.4436 23 Monroe County Chiller Maintenance Agreement U- CHILLER MAINTENANCE SCHEDULE Serwice I Ilorrtlh l Aninual Operating Inspections Check Olperationis of Ilpusur Llniiitx Check I Unit Controks x Tighten A1111 IElectriorallll ConnieCians x Check 4 oac�hi Temperatures x Check And Clean System,Auimiliary'andl Puirnp Water Strainers x Check Unit Starter Operation and Conitacts x Check I I IRelay x .2 Check Setting and Operation of P.E.Switches x Check A1111 Sight Glasses, x Check Oill IPressuuire IReguilator x Check Operatan Log x Complew Operations Log on Unit For'90 I Pehad at 15 W lInterval x Check Gauges fbr Calibration 13T Replacement x Check IF low,Rates Througb Eva Orator and Condenser x Annuall Mlajoff Maintenance Clhange:Oil andl Purge RefrIgerant I x Mieg COMpreSSOT MOtOr x Lubricate Vane Contirolll Shaft* x a Set Pillat Positioner x U Set Vane Operator it: Meg'Oill Pump Motor it: E Test and Cahlbrate A11111 Safety and lInterlockingControlls x VilbTate Test Compressor MOUN x E Brushi Condemser Tubes,Clean air cooled condenser coils x < Load Amalysis,Calculate vs.I Effiri'Rncy x �s lie Oil For Spectrographic Analysis X: M,,ntaiiin Oil Separator*Change Every Two Years[start 201B) X Ce x ■ w Ks applies to centrifflug;W-or screw typie rrnturtueI 0 U LO CN CN Q CN M E E CN E Packet Pg.4437 24 Monroe County Chiller Maintenance Agreement CHILIER, PLANT MAINTENANCE SCHEDULE U- ServPiiue Monthly Aninual Operating Inspecticins 0 Chieck avllll Condenser fain lbllladles and motors X -ra Chiieck opeTalkin of aIIIII crankicase heaters X .2 Chiiec:k allll fluid Ipfessuures aindl Revels X Chiieck avllll motortzed valves X Chiiec!k bearings iiin tooling towers X Chiie¢k bearings iiin all fluid pumps, X Chiieck aTI puimp muplings X Chiieck all VFD's X Chiiec!k all VFD i fans, X Submit a list of repair/replacement advisories X X 00 Sample aIIIII Illoe taiinks/Test fcw glycol presence/submiit repair llllist X: 06 Exercise aIIIII Bypass valves X: 0 Exercise andl Illlubricat�e all plaint Ihaund valves X Clean and flliush @11111 snake uip water wailves X Clean and theck allil automatic air vents X Blow idlawn avllll aJr scoops X Blow dawn avllll expansion tanks and set pressure as required X Clean and lube @1111 plant motoflized valve actuators X: 7171 a,1111 butterflyvalve linkages X: Chiieck allll metal paiirts for cmicisioni and treat as irequCired X Chiiec!k allll insuilation and repair as requiredl X Purge Uease aIIIII puri beafings X E Purge grease aIIIII toweer 1bearini X Chieck aind al gn allll uirnip inn from X: Clean aIIIII VFD heat sinks and c�hiec�k aiIIIII Plaint VF[Ys operation E X 0 U CN CN Q CN M E E CN E Packet Pg.4438 T.4.c C. CHILLER REPAIR AND MAINTENANCE a� Inspection 0 A visual inspection of every device in the "List of Equipment" will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Maintenance a� c2 The Contractor shall have access to a supply of all parts and controls normally 0 necessary for the emergency repairs of all county maintained chiller systems so that 06 such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others and equipment rental, which are reimbursed as charged with no markup), used in the repair of all County maintained chiller systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and U materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. E D. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN In the event of a major component failure or system breakdown, the County, when deemed as an emergency situation, shall have the option to request from the X Contractor only, a proposal/quote for replacement equipment in an amount that 0 could exceed Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($4,999.99). Any proposal over Five Thousand and 00/100 Dollars ($5,000.00), up to and including Ten Thousand and 00/100 Dollars ($10,000.00), must be N approved and signed by the Department Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100 Dollars WIV- ($10,000.00), up to and including Forty-nine Thousand Nine Hundred Ninety- nine and 99/100 Dollars ($49,999.99), must be approved and signed by the Department Director and the County Administrator. E. INSULATION AND DUCTWORK Maintenance and Repair of the chillers, pumps and cooling towers systems shall include Ductwork and Piping Insulation inspection, repair and replacement work. N Insulating piping and ductwork throughout Monroe County buildings shall be conducted on an ongoing monthly basis. Written Proposals will be provided to the E Contract Monitor for insulation work estimated to be over One Thousand and 00/100 Dollars ($1,000.00) for approval prior to the commencement of said work. 25 Packet Pg.4439 U_ 0 .2 EXHIBIT "B - REVISED" .2 DAVIS-BACON WAGES STATEMENT 06 Z u E E x w i 0 u CN CN Q CN w T_I cn Q a 0 E E CN E 26 Packet Pg.4440 2/28/22, 11:41 PM SAM.gov "General Decision Number: FL2O22OO22 02/25/2022 Superseded General Decision Number: FL2O21OO22 State: Florida Construction Type: Building LL County: Monroe County in Florida. 0 BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . 2 Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. _ Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60) . c� 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or the applicable wage rate U listed on this wage determination, if it is E higher) for all hours spent performing on the contract in 2022. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the cs January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January I covered workers at least I U 130, 2022: 1 $11.25 per hour (or the applicable wage rate listed) on this wage determination, c°N CN if it is higher) for all I Q hours spent performing on I NI that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the E Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this E wage determination, the contractor must still submit a conformance request. c14 Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 https://sam.gov/wage-determination/FL20220022/2 Packet Pg.4441 2/28/22, 11:41 PM SAM.gov 2 02/25/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 ENGI0487-004 07/01/2013 Rates Fringes 0 2 OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 2 IRON0272-004 10/01/2021 Rates Fringes c� IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 26.00 14.16 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes t3 PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- SFFL0821-001 12/31/2021 E Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 30.63 21.09 ---------------------------------------------------------------- c� SHEE0032-003 12/01/2013 Rates Fringes U SHEETMETAL WORKER (HVAC Duct Installation). . . . . . . . . . . . . . . . . . . .$ 23.50 12.18 �---------------------------------------------------------------- c14 * SUFL2009-059 05/22/2009 I Rates Fringes ' CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 5.07 E CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 c14 LABORER: Common or General. . . . . .$ 8.62 ** 0.00 ; LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 E c� OPERATOR: Backhoe/Excavator. . . . .$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete). . . . . . . . .$ 9.58 ** 0.00 https://sam.gov/wage-determination/FL20220022/2 Packet Pg.4442 2/28/22, 11:41 PM SAM.gov T.4.c OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes 0 HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 .E TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 06 ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the _ Davis-Bacon Act for which the contract is awarded (and any t) solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours E they work, up to 56 hours of paid sick leave each year. 9= Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information U on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. � c14 Unlisted classifications needed for work not included within i the scope of the classifications listed may be added after psi award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). E ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the ; cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers https://sam.gov/wage-determination/FL20220022/2 Packet Pg.4443 2/28/22, 11:41 PM SAM.gov A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing 0 the wage determination. 07/01/2014 is the effective date of the c2 most current negotiated rate, which in this example is July 1, 2014. c� Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. c2 Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that 06 no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average _ calculation of rates and are not majority rates. LA indicates t3 the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. c� Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate U that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 � 08/29/2014. UAVG indicates that the rate is a weighted union c1i average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage psi determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. E A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. c14 ---------------------------------------------------------------- E c� WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. https://sam.gov/wage-determination/FL20220022/2 Packet Pg.4444 2/28/22, 11:41 PM SAM.gov * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described 0 in 2.) and 3.) should be followed. c2 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 06 c� 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator _ U.S. Department of Labor t3 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: U Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. CN Washington, DC 20210 CN 4.) All decisions by the Administrative Review Board are final. psi E END OF GENERAL DECISIO" E cN E c� https://sam.gov/wage-determination/FL20220022/2 Packet Pg.4445 U_ 0 .2 EXHIBIT "C" .2 06 BYRD ANTI-LOBBYING CERTIFICATION Z u E E x w i 0 u CN CN Q CN w V_I cn Q a 0 E E CN 27 Packet Pg.4446 T.4.c APPENDIX A. 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) U- Certification for Contracts, Grants, Loans, and Cooperative Agreements 0 The undersigned certifies, to the best of his or her knowledge and belief, that: 2 1. No Federal appropriated fiends have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 06 2. If any fiends other than Federal appropriated fiends have been paid orwill 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. Z U 3. The undersigned shall require that the language of this certificationbe included in the award documents for all subawards at all tiers (including subcontracts, E subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material E representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and W not more than $100,000 for each such failure. 0 U The Contractor , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official E Name and Title of Contractor's Authorized Official Date E c� Pegs 102 of q 06 Packet Pg.4447 NIM 7-115FORAIDISCLOSURE OF LOBBYING ACT117ITIES 'r rO ZTE V an 1'. Dye cif"Federil Actiou: 2 Status of Fe&ral Acfioua I 'Relport Type: a CoMract ❑a.bA-'affer"applica.twu ❑j" inihal b glaill b =ba"awwd b matena]chazmgp, w. H A 10M For M.Ifertall Chamge Omhr: 0 e. boatL gzaraulpe,, vear quanu f -ra 6'tE!Of 125r TEP017 u 4. ',Name and Address of Rqmrfing Embty 5- If R-eputimg E m fity,im N&41 is S mbs wardee, Emter Name and kddress of Pnme!: E❑R-Mae l Elsulbawar&e Tier iftuvwn Caugre'sio'nal Distrixt,if'bM0%M C',am gressio mall District,if hnDwu .2 6. FederA Depart meak/Agency: 7� Federal,Pregam.NameDescriphun: 06 CFDA Number,if apphuble 8, Fgeral Actiam Number,if kmown,:! 9a Award Ammumd!,if bnowu: 10. Name azd1ddresz of Labbfy Emht.y b, luidivIdumls Performaimg S*mixes (inchiffing (11 liak vidu all,I wi unna a,first name,M addreis if Lffareu from.No. I 0,A) a z najlle'Pint name,Nfl1 u E (nilach C'bEftmunfic'm Sheet.(F')if nezes'."ry) Ammumtof'PiNmient(ihKkidll!batiup ly .17 E p 1.1. Type af'PiNmeui(1hK k idl thatapp 0 ❑arnal Elplammd F-1 a- rembar < F-1 b. name-dmefey! 12. Ferm of Paymew(cbjeck all that apply). C' coumzrlhAon' a, cash d. courkgautfee! cm Elb in-kin,11 Kpecit'j":! nanue E, Aefened x valme f othEr,specify w - H 0 14. Brief'Descriprbami af'Serrizes Ferfarmed auto be perf6raajed ind Dale�s)of Semke,mcludjmg u off"KerfA PMP)oT ens)'-'ar Member(s)caufairtm,for PITMR.Mt 1m&c3ted!b1 Item 11: CN CN (atiach Colulinualiom sheavls)if uKessary) Q CN N 15. Caubmua mtim Shee.4(s)aflached!: V,er, ❑ 13 El kfomazatzu rKmo-4d h:Zvu4ljlu-k=L's lmlbanz4d dry trji Tith;110 U,S,C�.Sanium M2 Thn d1'.';r1D,mHQ cmlehhymg Sign=e:� rp!'=4 urn pLized by 6;tar akovswhan hntrmsartica Print Name, pmj-nuzntt.o3', USC' H-52, TIA jnf=mzbammUbs E rapy-tAd.tD Ccmgss� imd will b&rmilaHi Eyr FAITI:luspqZdan, AMy Pgri'm W�o Ekh to Ek Title: ds cLrl'ovun%hau bpo6j&ct.to L ci.7i]PQM31"a�d afaut 1 E S1 0,050 M'd M&'Mas thm 1100,01K fariacl mxl f1fl'uzo Telephone No. Date: Adhonzpd for Loocn:Reprodurtm F*&rrhl Uie,Only-. stim�xd Farm.- CN ca E 2-6c PAIR7 2A-C1U1N7Y Pay 103 ol' i 06 Packet Pg.4448 T.4.c INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES a� This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352.The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered 0 Federal action.Attach a continuation sheet for additional information if the space on the form is inadequate.Complete all items that apply *" for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and c5 Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome q�p of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the ap information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, 2 previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known.Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify 06 the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to 0 subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Iterm 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,ifknown. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below � agency name,if known.For example,Department of Transportation,United States Coast Guard. � 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. _ 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item (e.g., Request for Z U Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement nurnber,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency).Include prefixes,e.g., "RFP-DE-90-001." d� 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. � 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last � Name,First Name and Middle Initial(MI). � 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity �y (item 10).Indicate whether the payment has been made(actual)or will be made(planned).Check all boxes that apply.If this is armaterial change report,enter the cumulative amount of payment made orplanned to be made. W 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. U 6/S 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered.Include all preparatory and related activity not just time spent in actual contact with Federal N officials.Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Meruber(s)of Congress that Q N were contacted. I 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the foram,print his/her name title and telephone number. M Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing q�p instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project E (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90«ENDIF» CN 2-6d PART 2/COUNTY .. E Pay 104 o l' 106 Packet Pg.4449 T.4.c A�" CERTIFICATE OF LIABILITY INSURANCE FE DAT12/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on a) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). UL PRODUCER CONTACT Eryn Zak Lassiter-Ware Insurance PHONE (800)845-8437 FAX (888)883-8680 A/C No Exf: A/C,No): O 1300 N.Westshore Blvd E-MAIL SS: ErynZ@lassiterware.comADDRE *" Suite 110 INSURER(S)AFFORDING COVERAGE NAIC# Tampa FL 33607 INSURERA: The Continental Insurance Company 35289 INSURED INSURER B: National Fire Insurance Company of Hartford 20478 C5 Air Mechanical&Service Corp. INSURER C: Builders Mutual Insurance Company 10844 4311 W.Ida St. INSURER D: Scottsdale Insurance Company 41297 INSURER E: n a Tampa FL 33614-7665 INSURER F: 2 COVERAGES CERTIFICATE NUMBER: 22-23 Master 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 TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 00� CLAIMS-MADE FX OCCUR PREMISES Ea occurrence $ ° X Contractual Liability MED EXP(Any one person) $ 15,000 A X XCU Included Y 6079391995 01/01/2022 01/01/2023 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 ❑ PRO- ❑ A proved Risk Mlanagemen z,000,000 c,POLICY XJECT X LOC % I ,;� � ) (, f PRODUCTS-COMP/OP AGG $: J IµI �/m,J"".( ,. w�.�,�"� $ 0) AUTOMOBILE LIABILITY ° COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO 12-22-2021 BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 6079392015 01/01/2022 01/01/2023 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5'000'000 A EXCESS LABY 6079392032 01/01/2022 01/01/2023 5,000,000 C) CLAIMS-MADE AGGREGATE $ 1 0,000 DED X RETENTION $ $ a WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1'000'000 LO LO C OFFICER/MEMBER EXCLUDED? N/A WCP106813602 01/01/2022 01/01/2023 (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 CLAIM LIMIT 1,000,000 N CONTRACTORS POLLUTION CD D CONTRACTORS PROFESSIONAL VRS0005631 01/01/2022 01/01/2023 GENERAL AGGREGATE 2,000,000 C11 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CD (wj Re:Chillers , All supporting endorsement(s)and policy form(s)attached,if any,comprise the Certificate of Liability Insurance in its entirety. Please review these endorsement(s)and policy form(s)as certain coverage provided by them may only apply when a written contract or agreement between the parties requires such coverage be provided. Monroe County Board of County Commissioners,is included as additional insured under the terms and conditions of the General Liability and Auto Liability 9= policies,only when additional insured status is required by written contract. Umbrella Liability extends over the underlying General Liability,Automobile Liability and Employers'Liability Policies. The attached page(s)noting additional terms,conditions,coverage and/or comments applies CERTIFICATE HOLDER CANCELLATION � t'11 4i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. U 2798 Overseas Highway, AUTHORIZED REPRESENTATIVE ' Suite 300 � Marathon FL 33050 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.4450 T.4.c AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Lassiter-Ware Insurance Air Mechanical&Service Corp. POLICY NUMBER LL CARRIER NAIC CODE O EFFECTIVE DATE: ADDITIONAL REMARKS 2 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes C5 Air Mechanical&Service Corp. Certificate Notes for Policy Term 1/1/2022to 1/1/2023 All supporting endorsement(s)and policy form(s)attached,if any,comprise the Certificate of Liability Insurance in its entirety. Please review these endorsement(s)and policy form(s)as certain coverage provided by them may only apply when a written contract or agreement between the parties requires .2 such coverage be provided. LO General Liability: 1.Blanket Additional Insured applies only when required by written contract including Ongoing Operations and Products&Completed Operations per Form #CNA75079(10/16). �y 2.Blanket Waiver of Subrogation applies only when required by written contract per Form#CNA74705(01/15). 3.Primary&Non-Contributory only when required by written contract per Form#CNA75079(10/16). 4.General Aggregate Limit Applies Per Project per Form#CNA74705(01/15). Automobile Liability: 1.Blanket Additional Insured and primary non-contributory wording applies only when required by written contract per Form#CNA63356(04/12). 2.Blanket Waiver of Subrogation applies only when required by written contract per Form#CNA63359(04/12). Workers'Compensation: 1.Blanket Waiver of Subrogation applies only when required by written contract per Form#WC000313. 2.Worker's Compensation is a statutory coverage mandated by State Law. As such,coverage is primary and non-contributory. Umbrella: () 1.General Liability,Automobile and Employers Liability are listed in the underlying schedule on the Umbrella policy. 2.Follow form to the underlying,Additional Insured by written contract,Primary&Non-Contributory wording,and Waiver of Subrogation. General Information: 1.The General Liability policy contains no specific residential exclusions 2.The certificate notes shown above reference the following policies: 6079391995,6079392015,WCP106813602 and 6079392032 E ALL COVERAGE IS SUBJECT TO THE POLICY TERMS,CONDITIONS AND EXCLUSIONS. C5 X i C) LO tY CN CD CN I Cn CD E E CN E c5 ACORD 101 (2008/01) © 2008ACORD CORPORATIOSP The ACORD name and logo are registered marks of ACORD Packet Pg.4451 T.4.c WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies 0 only to the extent that you perform work under a written contract that requires you to obtain this 76 c� agreement from us.) .2 This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. c� Schedule BLANKET WAIVER OF SUBROGATION ANY PERSON OR ORGANIZATION THAT IS REQUIRED BY WRITTEN CONTRACT c� 2 U E c� x U CN CN CN I M I E E This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy. c� Endorsement Effective:01/01/2022 Policy No.WCP 106813602 Endorsement No. Premium $ / E Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Packet Pg.4452 Policy Number: 6079391995 Effective: 1/1/2022 Form No: CNA74705 -12 CNA CNA PARAMOU T.4.c Contractors' General Liability Extension Endorsement i_ It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. c TABLE OF CONTENTS �? 1. Additional Insureds c� 2. Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition " 4. Broad Knowledge of Occurrence/Notice of Occurrence U 6. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 06 c� 7. Contractual Liability -Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project U 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage E 14. Joint Ventures/Partnership/Limited Liability Companies 16. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability X 17. Medical Payments , 18. Non-owned Aircraft Coverage U 19. Non-owned Watercraft 0 20. Personal And Advertising Injury—Discrimination or Humiliation N 21. Personal And Advertising Injury -Contractual Liability I 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards E 26. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP,or Consolidated (Wrap-Up) Insurance Programs N E = cs Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4453 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: 0 (1) is currently in effect or becomes effective during the term of this Coverage Part; and 76 .E (2) was executed prior to: c� (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 06 c� (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest t3 Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises t3 A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner N of such premises. Q N C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place a prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily N injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense E giving rise to such personal and advertising injury takes place prior to the termination of such lease. The Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4454 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 i- coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of 76 c2 the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal a and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named 06 Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which E this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, E canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or c� b. the construction, erection, or removal of elevators; or X c. the ownership, maintenance or use of any elevators covered by this insurance; or U 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: N a. Bodily injury, property damage or personal and advertising injury arising out of operations performed Ni for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the E Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor E 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, N any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: = cs CU Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4455 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the M trade show event. c 76 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within 2 the products-completed operations hazard. c� 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own 06 insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding 08 anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, t3 mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE E Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE X The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE N The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give I the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's i reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. E 6. BROAD NAMED INSURED E WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has N management control: a. on the effective date of this Coverage Part; or E c� Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4456 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or M narrower than that provided by this insurance. c 0 76 But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: 2.1 A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or LO 06 B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor c, b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 6. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to E employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: t3 k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: N (1) fire; i (2) smoke; (3) collapse; or (4) explosion. E I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4457 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or c 0 76 (d) explosion. ,2E B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if 06 an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: Z a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies U any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; E b. A sidetrack agreement; E c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; c� e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an U indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or N agreement. N Paragraph f. does not include that part of any contract or agreement: i (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage N arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. E 8. ELECTRONIC DATA LIABILITY cis Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4458 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability c 0 76 Damages arising out of: . (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. 06 c� This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or(2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: E Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: X Property damage means: a. Physical injuryto tangible proper ty, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at N the time of the occurrence that caused it; or Ni c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate i electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. cN 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this E policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4459 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the a spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership c Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named 76 Insured's business. ,E 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE c� Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not 06 apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in t3 the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: c� 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing U operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing N operations at a single construction project, N will reduce the General Aggregate Limit shown in the Declarations. i C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be E attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments E for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of N the number of projects involved. E c� Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4460 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 i- E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as 0 c stipulated. 76 c2 12. IN REM ACTIONS E A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE 0 2.1 Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 06 Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: 1 such bodily injury is caused b an occurrence that takes lace in the coverage territory. O Y � J Y Y p g Y� (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: E This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). X ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability N N the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. i iii. add the following additional exclusions: , This insurance does not apply to: Discrimination E any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. N Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4461 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. c C. DEFINITIONS is amended to: 6 .E i. add the following definitions: c� Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or 0 2.1 b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. LO Professional health care services means any health care services or the related furnishing of food, 06 beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; U d. Emergency medical technician; e. Paramedic; E f. Dentist; E g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or U LO Professional health care services does not include any services rendered in connection with human clinical trials or product testing. N ii. delete the definition of occurrence and replace it with the following: Ni Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any i common fact, circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: E a. add the following: E the Named Insured's employees are Insureds with respect to: N (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and E c� Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4462 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: 0 76 (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the 2 Named Insured's business; and c� (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c)and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the 06 following: 0 Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. U 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: X a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; U b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and Ni If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 16. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CU Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4463 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or 0 maintenance of such property for any reason, including prevention of injury to a person or damage to 76 another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (6) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property 06 damage arises out of those operations; or 0 (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described U in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor U ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. I N However,the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: Q a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; E d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible E insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. N A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. E c� Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4464 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of M premises rented to a Named Insured for a period of 7 or fewer consecutive days. c 0 76 A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. 2 C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 6. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the 06 Named Insured will promptly reimburse the Insurer for any such amount. 0 D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 6. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 U or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by S the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY U Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. i 17. MEDICAL PAYMENTS , A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: E 7. Subject to Paragraph 6. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or N (2) the amount shown in the Declarations for Medical Expense Limit. = cs CU Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4465 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT c 0 76 Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 2 Exclusions is amended as follows: c� The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United U States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 06 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. Z This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. U B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: N N This insurance does not apply to: i Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: E (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a `� limited liability company) of the Named Insured. 2. add the following exclusions: c� Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4466 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. c Premises Related Discrimination 2 discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. c2 The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from 06 Provision 1.ADDITIONAL INSURED of this endorsement; or 0 attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY Z A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled L) Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - E CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: E 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; L) 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed Ni to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. E This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. E 22. PROPERTY DAMAGE—ELEVATORS N A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. = cs Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4467 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. c 23. SUPPLEMENTARY PAYMENTS 6 .E The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: c� A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a 0 $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 06 If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or E 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and X 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. U 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any N construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) Q insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary M endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was E involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: N 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's E behalf; nor Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4468 T.4.c CNA CNA PARAMOU Contractors' General Liability Extension Endorsement 76 i_ 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: 0 76 (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available 2 to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). 06 c� Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). U However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. c� X All other terms and conditions of the Policy remain unchanged. U This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. N N E N E = cs Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4469 Policy Number: 6079391995 Effective: 1/1/2022 Form No: CNA75079 (10-16) T.4.c CNA CNA PARAMOU Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 0 It is understood and agreed as follows: 6 I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or 2.1 B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: LO 06 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or Z B. additional insured coverage with "arising out of language; or U C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by E written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. c, III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: L) A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property Ni damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, E field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or E i= B. any premises or work for which the additional insured is specifically listed as an additional insured on another � endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4470 T.4.c CNA CNA PARAMOU Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named 0 insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written 76 contract requires the insurance provided by this policy to be: 2 1. primary and non-contributing with other insurance available to the additional insured; or c� 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. , VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL U LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of 06 the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; S 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and Z 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or U self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives E written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: X Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: U A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: N 1. the bodily injury or property damage; or I 2. the offense that caused the personal and advertising injury; t~s� for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. E E All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and E expires concurrently with said Policy. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Packet Pg.4471 Policy Number: 6079392015 Effective: 1/1/2022 Form No: CNA63359 (04-20 T.4.c Business Auto Policy CNA d �wm r ii�ir lu e iu,irt Naaii�ii�aiii�aiiia��a�/iaaa�aiiii��ai��ilai�ii �iii�i��aaai��/�i��i d� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 This endorsement modifies insurance provided under the following: c� BUSINESS AUTO COVERAGE FORM E I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: c� 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an 06 insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or E formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto E coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary 0 and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the N conduct of your business. cal "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. E B. Bail Bonds and Loss of Earnings E Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and N 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. c� Copyright CNA All Rights Reserved. Includes copyrighted material of the Packet Pg.4472 Insurance Services Office, Inc., used with its permission. Business Auto Policy CNA C. Fellow Employee 76 800don U' Paragraph 0.5dooa not apply. w U- Suoh coverage as is afforded by this provision C. is oxooaa over any other ooUootib|o insurance. � U. PHYSICAL DAMAGE COVERAGE � 0 A. {3|onn 0rooko0o — Hitting Bird Or Animal — Failing Objects Or Missiles The following ia added to Section III, Poro0rophA.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses 800don U|' Poro0rophA.4.o. is revised, with respect totransportation expense incurred by you, to provide: c o. $00 per day' in lieu of $20; subject to 06 b. $1'OOO maximum, in lieu of $0OO. C. Loss of Use Expenses 800don U|' Pono0nophA.4.b. is revised, with respect to |oaa of use oxponaoa incurred by you, to provide: o. $1'OOO maximum, in lieu of $0OO. D. Hired "Autos" L) The following ia added to Section Ill. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired E Autos, then Physical Damage coverage ia extended to: � o. Any covered auto you |oaao' hire, rent or borrow without driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, vvhi|o performing duties related to the conduct ofyour business. o. The most we will pay for any one accident orloss is the actual cash value, cost of repair, cost of replacement or $75'000' whichever is less, minus $5OO deductible for each covered auto. No deductible applies toloss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal tothe physical damage N| coverage(s) provided on your owned autos. | o. Such physical damage coverage for hired autos will: (1) Include loss ofuse, provided itiathe consequence ofan accident for which the Named Insured is legally liable, and as a result of which a monetary |oaa is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per E accident. �z E. Airbag Coverage ^~ The following ia added to Section Ill, Pono0noph 0.3.: The accidental diooharoeofanairbaoshall not beconsidered mechanical breakdown. mcovv,iomcmx All niomx noxomoo. momoox oovv,iomoo moto,io| of the Packet Pg.4473 Insurance Services Office, mo.' used with its permission. T.4.c Business Auto Policy CMA F. Electronic Equipment 6 Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. o 0 76 G. Diminution In Value 2 The following is added to Section III, Paragraph B.6.: c� Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a 06 driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or _ incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or t3 (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: E 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing U or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. N (1) Equal to the greatest of those coverages afforded any covered auto; and Q I (2) Excess over any other collectible insurance. I 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. E Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss N The following is added to Section IV, Paragraph A.2.a.: c� Copyright CNA All Rights Reserved. Includes copyrighted material of the Packet Pg.4474 Insurance Services Office, Inc., used with its permission. T.4.c Business Auto Policy CNA (4) Your employees may know of an accident or loss. This will not mean that you have such 6 knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean 0 that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. 2 B. Transfer Of Rights Of Recovery Against Others To Us c� The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. 06 This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. U D. Otherinsurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy E shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. X E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: L) a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS N N Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. , E E N E c� Copyright CNA All Rights Reserved. Includes copyrighted material of the Packet Pg.4475 Insurance Services Office, Inc., used with its permission. �.. T.4.d ° . Kevin Madok, CPA = " Clerk of the Circuit Court& Comptroller—Monroe County, Florida nA DATE: .duly 17, 2020 > 0 L- CL TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco k C. 0 S[U13JECT: ,duly 15 BOCC Meeting .E At.taclied is an electronic copy of the following item for your handling: C2 1"Amendment to Agreement with Air Meclianical& Service Cori). for Cluller Maintenance and Ser47Ce in Monroe County, to re%llse certain contract provisions and add Federal requirements. Funding is ad valorem. . Should you have any questions please feel free to contact ine at.(305) 292-3550. 06 c� Z U E cN cN LO E cc: Facilities Supcnlsor E County Attorney U) Finance File E c� KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg.4476 FIRST AMENDMENT TO AGREEMENT FOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY 7 FLORIDA C .2 U) This Agreement is made and entered into this 15th day of July, 2020, between MONROE .5 0 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, 'a 0 Florida 33614, and whose address for purposes of this Agreement is 2700 Avenue of the Americas, U_ Englewood, Florida 34224. 0 WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for Chillers -ra .2 Maintenance and Service, Monroe County, Florida(hereinafter"Original Agreement"); and WHEREAS, County desires 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 .2 2.1 WHEREAS, Contractor agrees and consents to such revisions in its Original Agreement to correct errors and ensure compliance with the Maintenance of Records, Non-Discrimination, and 06 Termination clauses, and compliance with Federal Required Contract Provisions requirements; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and enter into this First Amendment to Agreement; and Z U NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: E 1 Paragraph 8, MAINTENANCE OF RECORDS of the Original Agreement, shall be E amended as follows: 8. MAINTENANCE OF RECORDS N Q N Contractor shall maintain all books, records, and documents directly pertinent to LO performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the E submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and E timely access to such records of each other party to this Agreement for public records U) purposes during the term of the Agreement and for five (5) years following the It- termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not E authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. ............. .................. Packet Pg.4477 Right to Audit Availability of Records. The records of the parties to this Agreement relating to the cc= .2 Project, which shall include but not be limited to accounting records(hard copy, as well as A computer readable data if it can be made available; subcontract files (including proposals 0 of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); 0- original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting U- documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the 0 Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other .2 agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter 2 referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll W computations, overhead computations, observing vendor and supplier payments, 06 miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant LU this Agreement were spent for purposes not authorized by this Agreement, the Contractor U shall repay the monies together with interest calculated pursuant to See. 55.03, Florida E Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. E 2. Paragraph 10, HOLD HARMLESS,. INDEMNIFICATION, D,EFENSE, AND INSURANCE, of the Original Agreement, shall be amended to include the following paragraph as the fifthN paragraph within Paragraph 10- Q N LO LO FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers E and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable a"orney's fees, to the extent caused by the negligence, recklessness or E intentional wrongful misconduct of the Contractor and persons employed or utilized by U) the Contractor in the performance of this Contract. V- This indemnification shall survive the termination of this Contract. Nothing contained in E .a this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the U (County) Agency's sovereign immunity. Packet Pg.4478 3. Paragraph 13, NONDISCRIMINATION, of the Original Agreement, is hereby amended to include the following Federal Required Contract provisions, if applicable- 13. NONDISCRIMINATION/EoUAL EMPLOYMENTOPPORTUNITY 0 A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement U- automatically terminates without any further action of the part of any party, 'a 'a effective the date of the court order. CONTRACTOR or COUNTY agrees to M 0 comply with all Federal and Florida statutes, and all local ordinances, as .2 applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the 2 Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the .2 2.1 Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, 06 as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of 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 Z U 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil E Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act E of 1990(42 USC s. 12 101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, N Q N LO national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. E During the performance of this Agreement, the CONTRACTOR, in accordance with Equal E Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of zi a Federal Contract Compliance Programs, Equal Employment Opportunity, Department of 0 E Labor), see 2 C.F.R. Part 200, Appendix II, I C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender ........................... ........................... 3 1 Packet Pg.4479 T.4.d identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. e 0 2) The CONTRACTOR will, in all solicitations or advertisements for employees 2 placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the 06 employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments N under section 202 of Executive Order 11246 of September 24, 1965, and shall post LO copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 4 Packet Pg.4480 T.4.d 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of 0 the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; 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. 06 c� 4. Paragraph 20, TERMINATION, of the Original Agreement, is hereby deleted and the following paragraph is replaced in its entirety as Paragraph 20, which includes the following Federal Required Contract Provisions, if applicable: 20. TERMINATION U A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after seven (7) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. C. Termination for Cause and Remedies: In the event of breach of any contract terms, Q CN LO the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seven (7) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY It- 4i terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek 5 Packet Pg.4481 an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to 0 pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D, Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon ninety (90) days' notice to CONTRACTOR. If the U_ COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay 0 CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds .2 remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the 0 County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. 06 E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification Z U was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the a Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 E 5. The Original Agreement is hereby amended to include the following identified as E Paragraph 43, FEDERAL CONTRACT REQUIREMENTS, Paragraphs 44, 45, and 46, to include the following Federal Required Contract Provisions, if applicable: N Q N 43. FEDERAL CONTRACT REOUIREMENTS LO The CONTRACTOR and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as E amended, including but not limited to: E 43.1 Clean Air Act (42 U.S.C. 4�7401-7671g.) and the Federal Water Pollution Control Act (33 U.S-C. 4&1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) E and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water ................ 6 Packet Pg.4482 Pollution Control Act as amended (33 U.S.C. §§1251-1387) as amended, applies to Contracts and subgrants of amounts in excess of$150,000.00. 43.2 Davis-Bacon Act, as amended (40 U.S.C. W141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, > 0 Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000, for the construction, alteration, or repair (including painting and decorating) of public buildings or public works, awarded by non- U_ Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards 0 Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). -ra .2 In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" and made a part hereof). The decision to award a contract or .2 subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 06 When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Z U Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any E means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled, The COUNTY must E report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. N i) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40 N LO U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by E appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime E CONTRACTOR shall be responsible for the compliance by any subcontractor U) or lower tier subcontractor with all of these contract clauses. V_ iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as E provided in 29 C.F.R. § 5.12. ............ ........... 7 1 Packet Pg.4483 T.4.d 43.3 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. U3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR . must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for -00 all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, 0 hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 43.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient 06 must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 43.5 Debarment and Suspension (Executive Orders 12549 and 12689 . A contract award (see 2 CFR 1180.220) must not be made to parties listed on the government wide exclusions ' in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 U CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive E Order 12549. 43.6 By1d Anti-Lobbying Amendment 31 U.S.C. 1352 . CONTRACTORS that apply or CN bid for an award exceeding $100,000 must file the required certification. Each tier certifies to N LO the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered E by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded E from tier to tier up to the non-Federal award. V_ 4i 43.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, E as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials 8 Packet Pg.4484 practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a U) C manner that maximizes energy and resource recovery; and establishing an affirmative .2 U) procurement program for procurement of recovered materials identified in the EPA .5 0 guidelines. Other Federal and/or FEMA Requirements (as applicable): U_ 'a 43.8 Americans with Disabilities Act of 1990, as amended (ADA), The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal 0 government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. -ra .2 43.9 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- 'Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the .2 employment eligibility of all new employees hired by the subcontractor during the Contract term. 06 43.10 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 43.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing U the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff E Contractors./Consultants must. (L) Cooperate with any compliance review or complaint investigation conducted by DHS; (2.) Give DHS access to and the right to examine and copy E records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be S necessary, as required by DHS regulations and other applicable laws or program guidance; Q N Q and (3.) Submit timely, complete, and accurate reports to the appropriate DHS officials and N LO maintain appropriate backup documentation to support the reports. 43.12 Federal Government not a party to contract. CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or E 'a liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. E U) 43.13 Department of Homeland Security (.DHS) Seal, Logo, and Flags. The CONTRACTOR T_ 4i shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS, agency officials without specific FEMA pre-approval. E 43.14 Compliance with Federal , Law, . Regulations, and Executive Order. This is an < acknowledgement that FEMA financial assistance will be used to fund the contract only. The ..................................................................... 9 1 Packet Pg.4485 T.4.d CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 43.15 Disadvantaged Business Ente rise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the . opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to 0 ensure that the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.32I. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. 6,200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the 06 CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible; b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business U enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as LO the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in paragraph (i.) through (v.) of this section. 43.16 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. Packet Pg.4486 T.4.d 44. The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Giant Agreement between County and the Florida Division of Emergency o Management(Division)found at the following link on the Monroe County web page: 0 hops:!:www.monroecounty-fl.trovianta�eetnm. 45. The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 46. The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out .of the CONTRACTOR'S performance of work under this Agreement,to the extent allowed and required by law. c, 6. Except as set forth in Paragraphs I through S of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. ESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first 06 tten. BOARD OF COUNTY COMMISSIONERS s : KEVIN MA K,CLERK OF MONROE C FLORIDA As Deputy Clerk May i U Date s -2-o -X-0 -- :,. _,� CONTRACTOR: - -0 :a E AIR MECHANICAL&SERVICE�CORPi! v o CN By Q WitnesLignature Signature of person au 'zed to legally C14 LO bind corporation T- Jan Donoho _ Witness Printed Printed Name_ Print Name and Tide E E COUNW ATTiQRWEY'&OFFICE � Witness Signa rc �� Aa ro Bonnie L. Brousseau PATTMIA GABLES __... ..--.._ A8816TANT E Witness Printed Name pu41'E: c� Packet Pg.4487 2A 0 (L U- EXHIBIT "A" .2 DAVIS BACON WAGE DETERMINATION .2 06 Z u E E CN Q CN Lo E E U) T- E .a ......................... ......... ......... 12 Packet Pg.4488 Page I "General Decision Number, FL20200022 05/15/2020 Superseded General Decision Number: FL20190022 State: Florida 0 2A Construction Type: Building > 0 L_ CL County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . U_ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts 0 subject to the Davis-Bacon Act for which the contract is -ra awarded (and any solicitation was issued) on or after January .2 1, 2015, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020, If this contract is covered by the EO and a .2 classification considered necessary for performance of work on 2.1 the contract does riot appear on this wage determination, the 0 contractor must pay workers in that classification at least the LO wage rate determined through the conformance process set forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum. wage rate, if it is higher than the conformed wage rate) . The EO minimura wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) , Additional information on contractor U requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts, E Modification Number Publication Date E 0 01/03/2020 1 05/15/2020 ELEC0349-003 09/02/2019 Q CN Q Rates Fringes CN LO ELECTRICIAN, . . . . . . . . . . . . . . . . . .. . . .$ 35. 36 12.77 --------------------------------------------------------------------- ENG10487-004 07/01/2013 E Rates Fringes E OPERATOR, Crane All Cranes over 15 Ton U) Capacity. . . . . . . . . . . . . . . . .. . . .$ 29.00 8.8211 V_ Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . , 22,00 8,K E ----------------------------------------------------------- IRON0272-004 10/01/2019 Rates Fringes https://beta.sam.govlwage*detennination/F L20200022/I?index=wd&keywords—,&is—active... Packet Pg.4489 Page 2 IRONWORKER, STRUCTURAL AND REINFORCING. - . , . , _ , . , . , , , . . . _$ 25,49 11.99 ------------------.____________®___.______________________.-....� PAI 0365-004 08/01/2019 Rates Fringes °y 0 PAINTER, Brush Only. , . . _ . . . , _ , $ 20,21 11,28 CL ----------.-._____®_________.___-___ SF'F I,0821_.001 01/01/2020 Rates Fringes SPRINKLER FITTER (Fire 0 Sprinklers) . . . . . . . . . . . . . . . . . . . . . .:r 29.18 19. 75 HEE0032--003 12/01/2013 E Rates Fringes S➢iEETMETAL WORKER (HVAC Duct Installation) . . . . . . . , . . . — . . . .. . . . 23.50 12. 18 -_-._.a.____,_.._@--__.____-_,__-.._a,.__-----_ __ .2 SUFL2009-059 05/22/2009 Rates Fringes 06 c5 CARPENTER— . . . . . . _ _ . . . . . . . . . . .$ 1.5.08 5.07 � CEMENT MASON/CONCRETE FINISHER. , .$ 12,45 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 0.00 LABORER Cozmmon or General. . . . . .$ 8,62 0.00 t3 LABORER, Pipelayer . . . . , . . ,: , . . . . ,:$ 10,45 0,00 OPERATOR- Backhoe/Excavator, . . . .$ 1.6.98 0.00 OPERATOR. Paver (Asphalt, E Aggregate, and Concrete) . . .. . . . . . .$ 9,58 0,00 OPERATOR; Pump . . . . . . . . . . . . . . . . .$ 11 .00 0.00 c^J PAINTERi Roller and Spray, , . . ,. ,$ 1.1,21 0 0 c^J LO PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . .. .$ 12, 27 3�33 ROOFER, Built UP, Composition, Heat. Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . .. .$ 14 .33 0.00 SHEET METAL WORKER., Excludes HVAC; Duct Installati.rn- : . , , . , . . . ,$ 14,41 3,61 , U) T_ TRUCK DRIVER, Includes Bump and 1.0 "hard Haul. Away. . . . . . . . . . . .$ 8.00 0. 15 ____.____________.-_._.__-_____-------------------------------------- E c5 WELDERS - Receive rate Prescribed for craft performing operation to which welding is incidental.. https:,'/beta.sam.gov,Ewage-determination/FL20200022'1?index-=wd&keywords- &is active... Packet Pg.4490 Page 3 Note. Executive Order (EC) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any U) solicitation was issued) on or after January 1, 2017. If this C contract is covered by the EO, the contractor must provide .2 employees with 1 hour of paid sick leave for every 30 hours A they work, up to 56 hours of paid sick leave each year. 0- Employees must be permitted to use paid sick leave for their (L own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other U_ health-related needs, including preventive care or for reasons resultinq from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic 0 violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EC U is available at www.dol,gov/whd/govcontracts. Unlisted classifications needed for work riot included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . --------------------------------------------------------------------------- 06 The body -_�f each wage determinati.,...,n lists the classification and wage rates that have been fund to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for a survey rate (weighted average rate) or a union average rate (weighted union average rate) , U Union Rate Identifiers E A four letter classification abbreviation identifier encl-used in dotted lines beginning with characters other than 4"SU"4 or E "UAVG' denotes "hat the union classification and rate were prevailing for that classification in the survey, Example-, PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this Q CN classification, which in this example would be Plumbers. 0198 Q C14 indicates the local union number or district c�,.unc:il number LO where applicable, i.e., Plumbers Local 190 The nc:x,, number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective data of the most current negotiated rate, which in this examp e is July 10 E 2014. Union prevailing wage rates are updated to reflect all rate E changes in the collective bargaining agreement (CBA) governing this classification and rate, U) V_ Survey Rate Identifiers E Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average < rate based :.,n all the rates reported in the survey for that classification. As this weighted average rate incliudes all https://beta.sam.gov/wage-deterinination/FL20200022/1?1'ndexmwd&keywords=&is—active... Packet Pg.4491 Page 4 rates reported in the survey, it may i-nclude both union and non-union rates. Example: SULA2012--�07 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates U) the State of Louisiana. M2 is the year of survey on which C these classifications and rates are based., The next number, 007 .2 in the example, is an internal number used in producing the 2A wage determination, 5/13/2014 indicates the survey completicri 0- date for the classifications and rates under that identifier. (L Survey wage rates are not updated and remain in effect until a new survey is conducted,. U_ Union Average Rate Identifiers 0 Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100, of the data reported for the classifications was union data. EXAMPLE. UAVG-OH-0010 08/29/2014 , UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. .2 A UAVG rate will be updated once a year, usually in January of each year, t,,.-9 reflect a weighted average of the current 06 negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------- WAGE DETEPNINATION APPEALS PROCESS U 1. ) Has there been an initial. decision in the matter? This can be: E an existing published wage determination a survey underlying a wage determination E a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling CN On survey related matters, initial contact, including requests Q N for summaries of surveys, should be with the Wage and Hour LO Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) E and 3.) should be followed. With regard to any other matter nct yet. ripe for the formal E process described here, initia: should be with the Branch of Construction wage Determinations. Write to: U) T_ Branch of Construction Wage Determinations Wage and Hour Division E U.S. Department of Labor 200 Constitution Avenue, NW. Washington, DC 20210 2, ) If the answer to the question in 1,1 is yes, then an https://beta.sam.gov,�'wage-deten-nination/FL20200022/1?index=wd&keywords--&is active... Packet Pg.4492 Page 5 interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor U) 200 Constitution Avenue, N.W. .5 Washington, DC 20210 0- CL The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, LL etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an 0 interested party may appeal directly to the Administrative — Review Board (formerly the Wage Appeals Board) . -write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N W, Washington, DC 20210 4-) All decisions by the Administrative Review Board are final. .2 END OF GENERAL DECISION" U E E CN Q CN LO E E U) V- E https:,,'/beta.sam.gov�'wage-deten,nination/FL20200022;"I?lndex=wd&keywords=&is, active... Packet Pg.4493 T.4.d AC"Rf>> CERTIFICATE OF LIABILITY INSURANCE oATE(MMIDONYYY) 12/30/2019 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. OU) IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. y If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on 0- this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CL PRODUCER CNAONTACME: Ery nZak (� Lassiter-Ware Insurance of Tampa Bay PHONE (800)845-8437 FAX (AAR)883-8680 AJC No.Ext): ZC,Na 1300 N.Westshore Blvd E-MAIL ErynZ@Iassiterware.com 0) ADDRESS: _ UL Suite 110 INSURER`S)AFFORDING COVERAGE NAIL# Tampa FL 33607 INSURERA: National Fire Insurance Company of Hartford 20478 INSURED F INSURER B: Transportation Insurance Company 20494 0 Air Mechanical&Service Corp INSURER C: Continental Insurance Company 35289 �- a � 2700 Ave of the Americas INSURER D: Builders Mutual Insurance Company 10844 U INSURER E: Scottsdale Insurance Company 41297 Englewood FL 34244 INSURER F: U COVERAGES CERTIFICATE NUMBER: 20-21 Master 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 VVITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, a EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS U INSR t1UL S° POiLiCY EFF POLICY EXP JR TYPE OF INSURANCE NSD y6 D W� POLICY NUMBER MMIOONYYYM IAMMI_DDNYYY) LIMITS X COMMERCIAL GENERALLIABILITY I 000, ,1000 EACH OCCURRENCE S _ JA riG'," N=G"`"�`" 100000 CLAIMS-MADE OCCUR PREN11SES Ea or wrence , _ 5 _ CONTRACTUAL LIABILITY VIED EXP(Any one person) S 154000 d) A < XCU INCLUDED Y 6079391995 01/01/2020 01/0112021 PERSONAL&ADV INJURY is 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE s 2,000,000 POLICY ®�F T F,LOC PRODUCTS-COMPfOPAGG 5 2,000,000 OTHER: € 15 AUTOMOBILE LIABILITY COMBINED SINGLE LIMI1 5 1,000,000 n (Ea acoident) ANYAUTO BODILY INJURY(Per person) I S B OWNED SCHEDULED Y 6079392C15 01/01/2020 01/01/2021 BODILY INJURY(Per accidert7 $ AUTOS ONLY AUTOS HIRED NON-OWNED sill,+'wcRY'i DAMAGE5 AUTOS ONLY AUTOS ONLY Par.lecderr,l U PIP-BASIC s 10,000 X UMBRELIALIAB OCCUR EACH OCCURRENCE S 5,000,000 C EXCESS LIAR 6079392032 01/01/2020 01/01/2021 {S 5,000,000 CLAIMS-MADE AGGREGATE DED-Ixi RETENT3G h!5 10,000 �. 5._. ._ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN /� STATUTE En _. D ANVPROPRIR/PARTNERIEXF.CU7IVE t NiA VIJCP1068136 01/01/2020 01/01/2021 cL ACHACCICENT 5 000000 OFPiCER1MEMBM8ER EXCLUDED? 1,000 000 (Mandatory in NH) E.L DISEASE-EA EMPLOYEE s If yes,describe under '- DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S 1,000,000 CONTRACTORS POLLUTION CLAIM LIMIT $2,000,000 E CONTRACTORS PROFESSIONAL VRS0004279 01/0112020 01/01/2021 GENERAL AGGREGATE $2,000,000 Nil) DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 141,Additional Remarks Schedule,may be attached if more space is required) RE:Central A/C Maintenance&Repairs for Middle Keys Facilities,Monroe County,Florida. Monroe County Board of County Commissioners is named as Additional Insured with respect to General Liability,Automobile Liability and Umbrella Liability when required by written contract. A BY RPS€f By / .y T CERTIFICATE HOLDER DATE —CAhtCELLATION WA N' OtMNY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE a+ THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street �) Gata Bldg,Room 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 fl f 1 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.4494 T.4.d AGENCY CUSTOMER ID; 00053185 LOC#: ADDITIONAL REMARKS SCHEDULE Page of 2 O AGENCY NAMED INSURED °A Lassiter-Ware insurance of Tampa Bay Air Mechanical-Englewood 0 POLICY NUMBER CIL CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes 0 Air Mechanical&Senrice Corp ra Certificate Notes for policy Term 1f1f2020 to V1/2021 2 General Liability, a 1.BianketAdditdonal insureds when required by written contract including Ongoing Operations and Products&Completed Operations per Form#CNA75079 � (10/16y 2 Blanket Waiver of Subrogation when required by written contract per Fcmn#CNA74705(01115) 3.Primary&Non-Contributory when required by written contract per Form#CNA74705(01/15) 4 General Aggregate Limit Applies Per Project per Form#CNA74705(01/15). Automobile Liability: 1 Blanket Additional Insureds when required by written contract per Form#CNA63359(04/12).2 Blanket Waiver of Subrogation when required by written contract per Form#CNA63359(04112) 3.Automobile is a statutory coverage mandated by State Law As such,coverage is primary and non-contributory G2 Workers'Compensation: LO 1 Blanket Waiver of Subrogation when required by written contract per Form#WC000313 06 2 Worker's Compensation is a statutory coverage mandated by State Law. As such,coverage is primary and non-contributory Umbrella: U 1.General Liability,Automobile and Employers Liability are listed in the underlying schedule on the Umbrella policy. 2 Follow form to the underlying,Additional Insured by written contract,Primary&Non-Contributory wording,and Waiver of Subrogation General Information: 1 The General Liability policy contains no specific residential exclusions 2 The certificate notes shown above reference the following policies: 6079391995,6079392015,WCP1068136 and 60079392032 ALL COVERAGE IS SUBJECT TO THE POLICY TERMS,CONDITIONS AND EXCLUSIONS U E E CN CN LO E E rA T_ E U ACORD 101(2008101) a 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.4495 couRra Kevin Madok, CPA P gJ�Y CYipVf..fq . tP •D h�•{� Clerk of the Circuit Court&Comptroller—Monroe County, Florida ch�E coots 2 nA DATE: April 15, 2019 0 G TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc .C. SUBJECT: March 21"BOCC Meeting .E Attached is an electronic copy of each of die below items for your handling. C2 Agreement with Sub-Zero, Inc., in an annual amount not to exceed $120,000.00, for Lower Keys HVAC Maintenance & Service. Funding is ad valorem. 2 C3 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed 06 $70,000.00, for Middle Keys HVAC Maintenance & Service. Funding is ad valorem. C12 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed$50,000.00, for Upper Keys HVAC Maintenance& Service. Funding is ad valorem. C14 Agreement with Air Mechanical and Service Corp., in an annual amount not to exceed$220,000.00, for Chiller Maintenance& Service in Monroe County. Funding is ad 2 valorem. C16 1st Amendment to Agreement with Stockton Maintenance Group, Inc. for Lower Keys Janitorial Services to add janitorial services at the Department of Juvenile Justice Building, E second floor, in the monthly amount of$8,052.43. Funding is ad valorem. Should you have any questions, please feel free to contact me at(305) 292-3550. Thank you. cN cN M cc: Facilities Supervisor County Attorney Finance CU cU File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg.4496 T.4.e I Monroe County Chiller Maintenance.Agreement AGREEMENT FOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY,FLORIDA 0 This Agreement is made and entered into this 21 st day of March,2019,between MONROE COUNTY,FLORIDA("COUNTY"),a political subdivision of the State of Florida,whose address is I100 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 336I4,and whose address for purposes of this Agreement is 2700 Avenue of the Americas, Englewood,Florida 34224. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit"A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit"A'-and WHEREAS,it serves a legitimate public purpose for CONTRACTOR to perform the work 06 or services described in attached Exhibit"A"for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document,the Request forProposals("RFP")documents,exhibits, U and any addenda only. 2. SCOPE OF WORK: E The Scope of Work shall include, but not be limited to, all work and 7 or services shown and listed in Exhibit"A",which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor,supervision,materials,power,tools,equipment;supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. CN See Exhibit"A" cN 3. Personnel E Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are Packet Pg.4497 T.4.e 2 Monroe County Chiller Maintenance Agreement '_'trained in all appropriate safety regulations,including but not limited to,OSHA regulations and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. Background Checks/Finger Printing 0 Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It 06 is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay,worker's compensation insurance,and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: U A. Warrants check; B. Fingerprints; C. Local Records check: D. Prior employment check;and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to,or remove from,any secure facility any Contractor employee cN IV- who, in the judgment of MCSO, poses a risk to the security or good order of the facility. N Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. `" If.the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is Packet Pg.4498 T.4.e 3 Monroe County Chiller Maintenance Agreement subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours` of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. Payments to Contractor 0 A. County's performance and obligation to pay under this agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in . accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an 06 appropriate County representative, to be paid at the earliest date possible following 0 completion of the repair. 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. C. The County shall pay the actual cost of parts, materials, and refrigerants, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer plus thirty-five percent(35 %)to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, equipment rental amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m.,Monday through Friday, excluding holidays: $ 80.00 per hour,mechanic ' $ 125.00 per hour, mechanic plus helper cN c� Overtime rate for hours other than the normal working hours as stated above, including holidays: E $ 100.00 per hour, mechanic $ 130.00 per hour, mechanic plus helper Parts Cost Plus: Packet Pg.4499 I ' T.4.e 4 Monroe County Chiller Maintenance Agreement r I Thirty-five percent (35 %)of mark up on manufacturer's invoice cost of parts and I, materials (excluding freight, equipment rental, tax amounts, and services supplied 2 by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Refrigerants evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall provide all Refrigerants weight and compliance reports as per EPA refrigerant recycling regulations under 2 Section 608 of the Clean Air Act and any amendments. c� Contractor shall submit itemized invoices in writing. There are no additional costs for travel, mileage, meals, or lodging. 06 E. Total Compensation to CONTRACTOR under this Agreement shall not exceed Two Hundred Twenty Thousand and 00/100 ($220,000.00) Dollars annually, unless pre-approved i emergency work requiring additional funds is implemented. 6. TERM OF AGREEMENT This three (3) year Agreement shall commence on April 1,2019, and ends upon March 31,2022, U unless terminated earlier under paragraph 19 of this Agreement. The County shall have the option to renew this Agreement for up to an additional two (2) one- year periods at terms and conditions mutually agreeable to the parties, exercisable upon written E notice given at least thirty (30)days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of three (3) years. , The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation 0 at December 31 of the previous year. cN V_ 7. LICENSES. CN M Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. ,MAINTENANCE OF RECORDS Packet Pg.4500 T.4.e 5 Monroe County Chiller Maintenance Agreement Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 0 Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries 2.1 detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all 06 other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special U charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. E 9. PUBLIC RECORDS COMPLIANCE Contractor 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 Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor ' in conjunction with this contract and related to contract performance. The County shall have the N right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract,and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs E associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Packet Pg.4501 T.4.e 6 Monroe County Chiller Maintenance Agreement Pursuant to Fla. Stat., Sec. 119.0701,and the terns and conditions of this contract,the Contractor is required to: ,A (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 the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be LO 06 provided to the County, upon request from the County's custodian of records, in a format that is 0 compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to 2 the County or allow the records to be inspected or copied within a reasonable time. Z c) If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the E 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. The Contractor shall not transfer custody,release,alter,destroy or otherwise dispose of anv public records unless or otherwise provided in this nrovision or as otherwise provided by law.IF THE CONTRACTOR HAS OUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN CN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- CN BRIANCa.MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET,SUITE 408, KEY WEST,FL 33040. 10. HOLD HARMLESS,INDEMNIFICATION,DEFENSE,AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement; Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of action,(ii) Packet Pg.4502 T.4.e 7 Monroe County Chiller Maintenance Agreement any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss,damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)any activity of Contractor or any of its 0 employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement,except to the extent the claims,actions,causes of action, litigation,proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of 0 its employees,agents,contractors,or invitees(other than Contractor). The monetary limitation of liability under this Agreement shall be not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or 2.1 suspended as a result of the Contractor s failure to purchase or maintain the required insurance, LO the Contractor shall indemnify the County from any and all increased expenses resulting from such 06 delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity 0 in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements U contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this agreement. E Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100.000.00 bodily injury by disease, each employee. ' COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are S200,000.00 per person, S300.000.00 per occurrence, and S200.000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. Packet Pg.4503 • T.4.e 8 Monroe County Chiller Maintenance Agreement COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than S500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested.Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees,agents,and volunteers. 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 11. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed 06 a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by 0 the County be required to contain any provision for waiver. 12.INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find Contractor or any of its employees, U subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 13. NONDISCRIMINATION Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits 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 Packet Pg.4504 • T.4.e 9 Monroe County Chiller Maintenance Agreement VIII 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 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,sexual orientation,gender identity or expression,familial status or age;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. 14.ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 06 15. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. 2 Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 16.DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it,its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. N County and Contractor warrant that, in respect to itself, it has neither employed nor retained any N company or person,other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company,corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Packet Pg.4505 T.4.e 10 Monroe County Chiller Maintenance Agreement 17. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the 0 terms of this contract. 18. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt requested,or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: c� FOR COUNTY: FOR CONTRACTOR: Monroe County Air Mechanical &Service Corp. Facilities Maintenance Department 2700 Avenue of the Americas 3583 South Roosevelt Blvd. Englewood, Florida 34224 Key West, FL 33040 06 and c� County Attorney 1111 12`'Street, Suite 408 Key West, FL 33040 Z 19. TAXES U County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes,or payments of withholding,related to services rendered under this agreement. 20. TERMINATION A. The County may terminate this Agreement with or without cause prior to the commencement of work. B.The County and Contractor may terminate this Agreement for cause with seven(7)days' notice cN It- to Contractor. Cause shall constitute a breach of the obligations of either party to perform the N obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. D. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Packet Pg.4506 T.4.e I I Monroe County Chiller Maintenance Agreement Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 21. GOVERNING LAW,VENUE,AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation 2 of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 22. MEDIATION , The County and Contractor agree that, in the event of conflicting interpretations of the terms or a 2.1 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. Mediation proceedings initiated 06 and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil c� Procedure and usual and customary procedures required by the circuit court of Monroe County. 23. 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 U Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 24. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and ' out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court N system, including in appellate proceedings. CN 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. Packet Pg.4507 • T.4.e 12 Monroe County Chiller Maintenance Agreement 26. 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 Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 27. BINDING EFFECT 0 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and 2 assigns. c� 28. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. en 06 29. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be Q 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. E c� 32. NON-RELIANCE BY NON-PARTIES Non-Delegation of Constitutional or Statutory Duties. 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 Packet Pg.4508 • T.4.e 13 Monroe County Chiller Maintenance Agreement County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement,an Ethics Statement,and a Drug-Free Workplace Statement, 0 34. 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. 35. 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. 36. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference Z only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 37. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on Ieases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the N convicted vendor list." N 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County. Therefore, this agreement is not to be construed against either party on the basis of authorship. 39. INCORPORATION OF RFP DOCUMENTS Packet Pg.4509 T.4.e 14 Monroe County Chiller Maintenance Agreement The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. ,A 40. ANNUAL APPROPRIATION 0 The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn,this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 0 41. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 42. FINAL UNDERSTANDING 06 This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. U [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] E E E c� Packet Pg.4510 • T.4.e 15 Monroe County Chiller Maintenance Agreement IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its .duly authorized representative. 0 s • BOARD OF COUNTY COMMISSIONERS b ADOK, CLERK OF MONRO O FLORIDA +M� "` � ti COUM� B Deputy Cleric Maquiv . Date: a .ti(�t 2�' ?o t y Date: 0-," 2- Zo c U Witnesses for CONTRACTOR: CONTRACTOR: AIR MECHANICAL& SERVICE CORP 06 c� Signature of person. authorized to Signat Jan Donoho legally bind CONTRACTOR Date: ' March 1, 2019, Z March 1, 2019 Mark Castellano Vice President/Branch Manager Da Print Name. Print Name and Title 2700. Avenue. of the Americas E Address: Englewood, Florida 3.4224 Signature Bonnie Brousseau (941) 475-371-5 Telephone Number March 1, 2019 E Date Print Name P;.. A cCN z� CN L MONROE COUNTY ATrORNEY'S OFFICE c 117 LAOVE[�AS TO�pR CA �1 5 11:Lf 43,E `rf1t O — i w PATRICIA EABLEs . LU t:) ASSISTANtCO N Arr12 NEY DATE: 4. •.os p An Packet Pg.4511 • T.4.e 16 Monroe County Chiller Maintenance Agreement EXHIBIT "A" nA SPECIFICATIONS: 0 The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four(24) hour service. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and 0 materials(except freight,tax, services supplied by others,and equipment rental) plus agreed upon percentage (%) of mark up, used in repair of County owned and maintained HVAC Chiller 2 systems.Manufacturer's invoice must accompany all requests for payment.All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials, whether the part is under warranty or not, freight invoices must accompany requests for payment. 2 The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at 06 December 31 of the previous year. Supervision and Inspection of Work Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems that may arise will be taken care of promptly,the Contractor will maintain a twenty-four U (24) hour telephone contact, seven (7) days per week, for the receipt of any complaints and/or addressing any issues. E Random inspections shall be performed by County Representatives from the Facilities Maintenance Director administering the contracts. Deficiencies shall be corrected within a twenty- four(24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. 0 SCOPE OF WORK: The Contractor shall furnish maintenance and repairs, including all necessary labor, equipment, cN permits, licenses, insurances, travel costs, and all other costs associated with same for the CN following: `" E c� Packet Pg.4512 • T.4.e 17 Monroe County Chiller Maintenance Agreement CHILLER SYSTEMS AND LOCATIONS BUILDING LOCATION CHILLER TONS Key West Jackson Square 500 Whitehead 1 -Daiken 100 0- St,, Key West Key West Jackson Square 500 Whitehead 1 -York 100 St., Key West Harvey Government Center Avenue 1nue Truman, Key W Key West 1 -Daiken 100 � Gato Building 1100 Simonton 1 -Daiken 100 Street, Key West Gato Building 1100 Simonton 1-Carrier 100 Street, Key West Monroe County Detention 5501 College Rd., 2.1 Facility-Headquarters Key West Daiken 87 06 Monroe County Detention 5501 College Rd., 2_Daiken 300 0 Facility Key West Monroe County Detention Facility-Department of 5501 College Rd., 2-Carrier 80 Juvenile Justice Key West 3301Overseas Medical Examiners Office Highway, 1 -Daiken 60 U Marathon Murray E. Nelson Government 102050 Overseas Center Highway, Key 1 -Carrier 96 Largo E B. Repair and Maintenance for HVAC Chillers 1. Service Levels N It- N a) The service level that Monroe County will be seeking is level 1 service, which includes monthly, quarterly, and annual maintenance, as recommended by the manufacturer. c� b) The specific service steps are listed in the manufacturer's service guidelines for each make and model of chiller unit. Packet Pg.4513 • T.4.e 18 Monroe County Chiller Maintenance Agreement c)In addition,the Proposer will quote the cost,where appropriate,to return each chiller to full manufacturer's operating condition. This is defined as the ability to operate chillers and its performance parameters in order to achieve the highest efficiency of the unit and provide energy savings through its highest performance possible. 2. Bid prices shall include all scheduled inspections and maintenance needed to complete service. Should Monroe County require additional services or items provided by Contractor, but said services and/or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the 0 Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects,the contract parameters will be adhered to by the Contractor. c� 3. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. 06 4. The Contractor shall be available twenty-four(24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any Chiller system malfunction within four (4) hours of verbal, written, or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. 5. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County Chillers so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials plus thirty-five percent (35°lo) (except freight, tax, services supplied by others,and equipment rental),used in the repair of all County maintained Chiller systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use.On all orders that require shipping or transportation of parts or materials, whether the part is under warranty or not, freight invoices must accompany requests for payment. 6. Annual Maintenance is defined as: N It- a)Centrifugal Chillers (Carrier) i. Customer Notification of Unit Maintenance ii. Initial Site Inspection iii. Lock Out Tag Out Chiller iv. Electrical Inspection V. Meg Motor A Motor Terminals vi. Control Panel Calibration Check Packet Pg.4514 • T.4.e 19 Monroe County Chiller Maintenance Agreement vii. High Pressure Refrigeration Leak Check Inspection viii. Condenser Tube Brushing,Including Head Removal ix. Check Head Operation X. Oil Analysis Per Circuit Generic xi. Compressor Oil Level Check xii. Manual Log b)Air Cooled(Trane and Daiken) i. Customer Notification ii. Initial Site Inspection ° iii. Review Diagnostics �? iv. Lock Out Tag Out At Main Disconnect V. Electrical Inspection(RTA) vi. Compressor Starter Inspection vii. Flow/Differential Mechanical Switch Check viii. Remove Lock Out Tag Out At Main Disconnect ix. Condenser Fans Check RTA Per Circuit 2.1 x. Condenser Coil Check xi. Oil Return Operation Check per Circuit 06 xii. Oil Level Check(Screw Machines) Per Circuit xiii. Oil Analysis Per Circuit xiv. Low Temperature Sensor Calibration xv. Control Panel Calibration Check xvi. Leak Test Inspection(Positive Inspection) xvii. Coil Cleaning Solution(Applied) xviii. Start Unit U xix. Compressor Check(HeliRotor Compressors) xx. Compressor and Oil Sep erator Heater Check E xxi. Techview/Kestrel View Connection xxii. Run Service Report From Kestrel View xxiii. Techview/Kestrel View Disconnection xxiv. Complete Required Paperwork E T- c� T- c� E c� Packet Pg.4515 • T.4.e 20 Monroe County Chiller Maintenance Agreement COOLING TOWER;MAINTENANCE °A 0 �Se+rxe' 1N `Serne�4nnia! tns .- Genetal'Carsiitionaiui n:, X Observe pi o bft Motor Coul3finff,Gearbox and Fan X Makerip-Valve X Inspect and Clean: --ice clean air`infit Lauvers,� X `X 0 DriftlBiinazatois X. X•' Cold Water Basin and Outlet X X . c5 Hot Water Basin` X -7 Farm Motor Exterior X X: Ch6dr. c5 Cold Water Basin Level X Check Gewbbi foi: Od Leaks ` 'X Oil Level X c; L66sei86lii ocOil Pliti X P16f--•' OilCroworVents x: -Thoroughly Inspect Mechanical Coupling Check Gearbox Og, X Clieckas:ii TrShten as Re4uired: Mechanical Equipment Batts x Mat6rAhchar8olts X. '.TowerFraii►ewarkSiructurai Bohr--- X.. Fan Assembly Bolts X' -- -`a MetalSurNceandTouch X_ Hotel Gear Lube shah take 'S using ear place every years. n6 syrttitietia 6., U E E E cN V- cN M E c5 Packet Pg.4516 • T.4.e 21 Monroe County Chiller Maintenance Agreement ,A CHILLER'MAINTENANCESSCHEDULE Service Month Ainuat Cheap " mis of Pwm Unit.! X Check Purge Unit Controls x .Trglttea Ni Beitricrl com ections x Check App=ch Ternperatmm x Check And Clean System,AwWbry and Pump WaterStrainers X Check Unit StariPr.Operaiioik anti Coiitii is x Check Lflad Units ail . x Check Setft slid Operation of P.E:`Svdmbes x c� Check'All Srstrt Ghsses x : .Check o$Prr�Regulator X Check Operators Los' X Coin' late Operki6si LoC on Unit Fair 90 Min.Pe&d at 15 Ku Interval X Cbeck Gauzes for CW*aCronor Replacemem X Check Flow RStm Throtigh Eva, and Cordertser x Animal Major MaHntftmwe Change:Ctd acid Purgi Reftigiraryt Filters' X MeC Compressor Motor -X.. Lubricate Vane Cdhtml Shaft.' 'X Set Pilot Posidoner It X Set Vane Operabbc' X Meg OH Pump Motor Test and CaffWkte All Sak and lnerkxkimgCoritmis. Vatrate Test Cdinpiesso.Motor X Briish Candemw' Tubes,Clean air cooled condenser mils X. Load Arralpsis,COculete vs!Dtftn Effidency X; U SiMole Oa FbiSp AniNs" X. Maintain Oil SikratDr•Chinge Oi&VTwo Years start 2018 X i, IRS appaw to mn or screw macti E kN kN M E c' Packet Pg.4517 • T.4.e 22 Monroe County Chiller Maintenance Agreement CHILLER_PLANT MAINTENANCE.SCHEDULE 0 Serninae` Mar, Annual Check all Condenses fan blades and motors: X Check oper.Um`of all cmankcase heaters X Check all fluid prissixii and kwels X Check all.notarized valves X Check bearings in coating towers: X Check fx sings iii ati fluid pumps; X Checkal pump MOMS :X 2 Check all vim s X check ali VFD coorerg fans x sutwrilt a list of repair/replacement advisories; Sari'ipleaN lce es fbeglycolpieserice su6mk iwairFist X;. Ru ass valves" X. £zerdse'and lubricate aq plant hand valves k Clean and flush all makeiiP waiervalves X:` Clew'riind duck aq'auiomaticav vents X Biow.dawn all air scao X Blow down all expansion tanks and set pressure as required. X, 06 Clean and tube ail plant motorized valve actuators =X 7rishtiiiall b6tter 1 valve l'stkages ry, X: Check all metal pprl:s for corrosion and tieat'as required X Check all insulation and repair as required X Purge grease 20 pii*beaiimb X co Purge grease all tower biarinas X Chi&and ar allpitme. mu X Clean all VFO beat sins ks and check'a11 Plant VFWs operation X U E E kN V- kN M E c� Packet Pg.4518 f T.4.e 23 Monroe County Chiller Maintenance Agreement r }}l C. CHILLER REPAIR AND MAINTENANCE Inspection A visual inspection of every device in the "List of Equipment" will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Maintenance e 0 2 The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained chiller systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials (except freight, tax, services 2.1 supplied by others and equipment rental, which are reimbursed as charged with no markup), used in the repair of all County maintained chiller systems. LO 06 Manufacturer's invoice must accompany all requests for payment. All parts and 0 materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. D.-_ MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN In the event of a major component failure or system breakdown, the County, when deemed as an emergency situation, shall have the option to request from the E Contractor only, a proposal/quote for replacement equipment in an amount that could exceed Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars E ($4,999.99). Any proposal over Five Thousand and 00/100 Dollars ($5,000.00), up to and including Ten Thousand and 00/100 Dollars ($10,000.00), must be approved and signed by the Department Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100 Dollars ($10,000.00), up to and including Forty-nine Thousand Nine Hundred Ninety- nine and 99/100 Dollars ($49,999.99), must be approved and signed by the Department Director and the County Administrator. N It- c� Packet Pg.4519 T.4.e .ACC? i® CERTIFICATE ®F LIABILITY iNS RANCE DA zne//22018 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 2 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. rA If SUBROGATION IS WANED,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 bolder In lieu of such endorsement(s). PRODUCER NAME: Eryn Zak Lassiter-Wars Insurance of Tampa Bay PHON o (BOO)845-8437 No: (888)883-8680 1300 N.Westshore Blvd. ADDRESS. EryrrZ@lassHerware.com Suite 110 INSURERIS)AFFORDING COVERAGE NAIC 0 Tampa FL 336D7 INSURERA: Amerisure Insurance Company 18488 INSURED IIVsuRERB: North River Insurance Company 21105 Air Mechanical S Service Corp. I INSURER c Scottsdale insurance Company 41297 ° 27DOAve of The Americas INSURER D: �? INSURER E: Englewood FL 34244 INSURERF: c5 COVERAGES CERTIFICATE NUMBER: 19 20 Master 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. U LTR TYPE OF INSURANCE 1 p POLICY POLICY POLICY NUMBER POLL MID EXP LIMITS ° 2.1 COMMERCIALGENERALLIABILRY EACH OCCURRENCE S 1,000,000 300,000 CLAIMS-MADE ❑X OCCUR PREMISES oecunence $ 06 CONTRACTUAL LIABILITY MED EXP(Any one arson) $ 10,000 A X XCU INCLUDED N CPP20950420401 01/01/2019 01/01/2020 PERSONAL BADVINJURY $ 1,000,000 PPROV �' }� GEM GENERALAGGREGATE $ 2.000.000 OEN'LAGGREGATE UMITAPPUES PER: BY 2,000,000 PRD- PRODUCTS-COMPIOP S POLICY JECT Loc WAIVE NIA' YE EMPLOYEE BENEFITS $ 1.000,000 OTHER: AUTOMOBILE LIABILITY GEOM&accidEeDritSINGLELIMIT g 1,000,000 ANYAUTO BODILY INJURY(Per Peman) $ A OWNED SCHEDULED N CA20950410402 01/01/2019 01/01/2020 BODILY INJURY(Par accidard) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROFERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per ent L) PIP-BASIC $ 10,000 X uMBRELLALIAB I X OCCUR EACH OCCURRENCE S 5,000,000 B EXCESSLIAB CLAIMS•MADE 6811111027 01/01/2019 01/01/2020 AGGREGATE $ 10,000,000 DED I X RETENTION$ 0 S 0) WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.LEACHACCIDENT $ 1,000,000 A OFFICER/MEMSER EXCLUDEDa N/A WC21077280101 D7/01/2019 01/01/2020 IMandaterylnNH) E.L DISEASE-EAEMPLOYEE $ 1,000,000 Ifyea.descnbe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S CLAIM LIMiT $2,000,000 CONTRACTOR'S POLLUTION C CONTRACTORS PROFESSIONAL VR50003102 01/01/2019 01/01/2020 GENERALAGGREGATE $2,D00,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may big attached It more space is raqulrad) L59 Monroe County Board of County Commissioners Is named as Additional Insured with respect to General Liability,Automobile Liability and Umbrella Liability when required by written contract. CN T- CN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE VALL.BE DELIVERED IN U Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS, m 1100 Simonton Street AUTHORIZED REPRESENTATIVE Gato Bldg,Room 2 213 Key West FL 3304D 01998-2015 ACORD CORPORATION. Ali rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.4520 T.4.f A�" CERTIFICATE OF LIABILITY INSURANCE FDA�TE1/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). A 0 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):239E-M -931-5604 Suite 800 ADDRESS: yaritza.soto@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# License#:L002281 INSURERA:Zenith Insurance Co 13269 LL 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. O 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS 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 LO MED EXP(Any one person) $15,000 06 PERSONAL&ADV INJURY $1,000,000 U GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 M 0) X POLICY D PRO- �JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 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 AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLALIAB X 7036371301 1/1/2023 1/1/2024 OCCUR 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? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under cy 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 a t'J t'J DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) I Certificate Holder is included as Additional Insured with respect to General Liability and Auto Liability if required by written contract and subject to terms, N conditions and exclusions of the policy.A Waiver of Subrogation applies to the general liability,auto liability,&workers compensation policies if required by Q CN written contract,and subject to terms, 8 conditions,and exclusions of the policy. AIru'a U BY: .,., 1 . ��. 2 DATE31 3 � � ®I 0 CERTIFICATE HOLDER CANCELLATION WANN WA t3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. cy Monroe County Board of County Commissioners 1100 Simonton Street Key West FL 33040 AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.4521