Loading...
Item U09 U.9 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 May 17, 2023 Agenda Item Number: U.9 Agenda Item Summary #12057 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200 N/A AGENDA ITEM WORDING: Approval of Amendment 1 to the original agreement with Runway Safe, Inc. to incorporate Federal Emergency Management Agency (FEMA) and Florida Department of Emergency Management (FDEM) provisions so that FEMA and FDEM funding may be applied to work under this agreement. ITEM BACKGROUND: The Engineering Material Arresting System (EMAS) is in place to safely stop aircraft overruns. Water intrusion is detrimental to the EMAS system and causes deterioration, block separation, and decreases its performance. During Hurricane Ian, approximately three to five feet of salt water flooded and destroyed the Runway 27 EMAS bed beyond repair. The federal language in the original agreement, while sufficient for FAA purposes, was insufficient for FEMA and Florida Department of Emergency Management purposes. For eligibility to seek FEMA/FDEM reimbursement upon project completion, specific language required by FEMA/FDEM has been updated in the agreement. PREVIOUS RELEVANT BOCC ACTION: On October 19, 2022, Monroe County BOCC approved the purchase order to sole source vendor Runway Safe, Inc. in the amount of $6,257,700.00 for the purchase of long-lead time EMASMAX blocks needed to replace the Runway 27 EMAS bed at the Key West International Airport. CONTRACT/AGREEMENT CHANGES: Adds FEMA and FDEM provisions to the agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Runway Safe 1st amendment FINANCIAL IMPACT: Packet Pg. 3098 U.9 Effective Date: December 7, 2022 Expiration Date: Upon completion of the project Total Dollar Value of Contract: n/a Total Cost to County: 0 Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 05/01/2023 11:37 AM Richard Strickland Skipped 05/01/2023 5:54 PM Pedro Mercado Completed 05/02/2023 10:33 AM Purchasing Completed 05/09/2023 4:10 PM Budget and Finance Completed 05/09/2023 4:20 PM Brian Bradley Completed 05/09/2023 4:24 PM Lindsey Ballard Completed 05/09/2023 4:24 PM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 3099 RU N WAft 111 Amendment to Agreement Key West International Airport EMAS Improvements Departure end of Runway 9 (27 numbered end) THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 17th day of May , 2023, by and between the Board of County Commissioners of MONROE COUNTY (County), a political subdivision of the State of Florida whose address is 1100 Simonton St., Suite 205, Key West, Fl. 33040 and RUNWAY SAFE INC. (Contractor) whose address is 2239 High Hill Road, Logan Township, NJ 08085. WHEREAS, on December 7, 2022, the parties entered into an agreement (hereafter original agreement) for Contractor to provide EMAS materials and on-site set-vices as identified herein to facilitate the installation of Engineered Materials Arresting System (EMAS) block system, and WHEREAS, the parties wish to amend the original agreement to also incorporate federal Emergency Management Agency (FEMA) and Florida Department of Emergency Management (FDEM)provisions such that FDEM funding may be applied to work under this agreement. NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Contractor agree as follows: SECTION 1. Article G. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES of Exhibit lof the original agreement is amended to add sub-section 3) which will read as follows: 3)BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352) -Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the contractor to the County.) SECTION 2. Article I. RIGHTS TO INVENTIONS (2 CFR Part 200 Appendix 11(F)) of Exhibit 1 of the original agreement is amended in its entirety to read as follows: 1. 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 IFluuirnway Safe Ilnic r 856 975 5854 2239 High Hill Road,Logan rownship,NJ 08085 wwwirunwaysaf'o.coirn RU N WAft the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. SECTION 3. Article K. DEBARMENT AND SUSPENSION (2 CFR Part 180 (Subpart C); 2 CFR Part 1200; DOT Order 4200.5 - Suspension & Debarment Procedures & Ineligibility) of Exhibit lof the original agreement is amended in its entirety to read as follows: K. DEBARMENT AND SUSPENSION(Executive Orders 12549 and 12689)-A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 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 as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at u�v...sam.grov. 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(defined at 2 C.F.R. §180.940)or disqualified(defined at 2 C.F.R. §180.935).the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County.If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. SECTION 4. Article L. CLEAN AIR AND WATER POLLUTION CONTROL (2 CFR § 200 Appendix 11(G)) of Exhibit I of the original agreement is amended in its entirety to read as follows: L. CLEAN AIR ACT (42 U.S.C. 7401-7671q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387) - Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include IFluuirnway Safe IInic C_856 975 5854 2239 High Hill Road,Logan rownshrip,NJ 08085 wwwiruinwaysaf'e.oaairn RU N WAft 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 and 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. SECTION 5. Article M. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR Part 200 Appendix ll(E)) of Exhibit 1of the original agreement is amended in its entirety to read as follows: M. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 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 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 dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1),in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined IFluuirnway Safe IInic C_856 975 5854 2239 High Hill Road,Logan rownshrip,NJ 08085 www.iruinwaysaf'e.caairn RU N WAW to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 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). SECTION 6. Article DD. DAVIS BACON REQUIREMENTS of the original agreement is amended in its entirety to read as follows: DD. DAVIS BACON REQUIREMENTS - Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and§§3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier IFluuirnway Safe IInic C_856 975 5854 2239 High Hill Road,Logan rownshrip,NJ 08085 www.iruinwaysaf'e.oaairn RU N WAO& subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for tennination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. SECTION 7. ADDITIONAL FEDERAL/FEMA/FDEM CONTRACT REQUIREMENTS are hereby added to the contract as follows: EE. COMPLIANCE WITH PROCUREMENT OF RECOVERED MATERIALS AS SET FORTH IN 2 CFR § 200.323. - Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. FF. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT AS SET FORTH IN 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or IFluuirnway Safe IInic C_856 975 5854 2239 High drill Road,Logan rownshrip,NJ 08085 www.iruinwaysaf'e.oaairn RU N WAft (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 ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. GG. DOMESTIC PREFERENCE FOR PROCUREMENTS AS SET FORTH IN 2 CFR §200.322- The County and Contractor should,to the great extent practicable,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. HH. DISADVANTAGED BUSINESS ENTERPRISS (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 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the IFluuirnway Safe IInic C_856 975 5854 2239 High Hill Road,Logan rownshrip,NJ O8085 www.iruinwaysaf'e.caairn RU N WAft basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) 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; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor,if subcontractor are to be let,to take the affirmative steps listed in paragraph(1) through (5) of this section. IL E-VERIFY - The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. JJ. ENERGY EFFICIENCY - Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. KK. ACCESS TO RECORDS. - Contractor and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's IFluuirnway Safe IInic C_856 975 5854 2239 High drill Road,Logan rownshrip,NJ O8085 www.iruinwaysaf'e.oaairn RU N WAft (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractor must; 1. Cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. LL. DHS SEAL, LOGO AND FLAGS - Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. MM. CHANGES TO CONTRACT - 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. NN. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. - 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. 00. NO OBLIGATION BY FEDERAL GOVERNMENT. - The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County /non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. PP. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS - If applicable, 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. QQ. The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) found on the Monroe County web page through the following link: http://www.monroecounty-fl.gov/DocumentCenter/View/228 83/DEM-Agreement IFluuirnway Safe IInic C_856 975 5854 2239 High Hill Road,Logan rownshrip,NJ O8085 wwwiruinwaysaf'e.oaairn KUNW^Y SAF"E QQ. HOLD HARMLESS - The Contractor shall hold the Division and COL111ty harmless against all claims of whatever nature arising out of the Contractor's perf'ormance of work under this Agreement,to the extent allowed and required by law. (SEAL) BOARD OF COUNTY COMMISSIONERS A'rrEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By-- Hy._..____ ..................... Deputy Clerk Mayor Craig Cates '\N P%Y V.�.......... WITNESS: RUNWA Y SAFE I By: y:._, BMichael ,"Cies ielski I **%4A0W..A .9.4� Title: Title: President - WITNESS: RUNWAYLAFI!, C. By: --- ---- ----------- By: . ......... M(Unsberg Title: Ti t I e: U I F 6'(, J(A AN RO;ioEo7RM " CruNTYA :nN E Y PEDM ASSISTAMNTYAORNEY Date 4/18/23 Runway Safe lec T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 www,runwaysafe.com Key West International Airport EK8AS Improvements Departure end uf Runway 9 (27 numbered end) A.I.P. (A|P. State Project Numbers) Date: December , 2822 Runway Safe Inc. 2239 High Hill Road Logan Township, NJO8O8G Runway Safe Inc, will provide E[WAG materials and on-site services as identified herein tm facilitate the installation nfEngineered Materials Arresting System (EK0AS) block system. Runway Safe Inc. agrees to furnish the rnoterim|m and equipment defined be|mw, transportation and insurance; and to provide on- site services as needed to assist in the Contractor's (Contractor or General Contractor shall refer to the firm selected and paid by the Owner to perform the project construction) performance of its work to the satisfaction of and in compliance with the directions of the Owner and Owner's Engineer. The Monroe County (hereinafter referred to as The Owner) agrees this Contract does not obligate Runway Safe Inc, to provide the EK8AS mub-base. to construct the bed. or install the EK8AB, and the Owner shall make orrmngemento separately for those services. However, am conditions of Runway Safe |nc.'e warranty, the Owner mumt retain control of their installers and contractors and must require that those persons or entities cooperate to allow Runway Safe Inc. to review the construction documents for compliance with Runway Safe |nc.'a installation specifications and Warranty Requirements. Contractor must perform installation ofEN1AS in accordance with the requirements nf the project design, drawings, specifications and installation Statement ofWork. Total Price $6,022^560L00 Runway Safe Inc. mhu|| provide: 1. 2.62OEMAS blocks ($1.BOO.00eaoh): Blocks will be invoiced ono monthly basis and bebased on number ofblocks stored and insured at or near Runway Safe |no.'o Logan Township, NJ facility when produced. Each block invoiced 1/252Omof the total price for blocks. Price for this item 2. Shipping: Runway Safe Inc.to ship blocks to the Airport to meet installation schedule(completed no later than May 31.2O23). Runway Safe Inc.will furnish Owner with evidence that the materials are insured against cargo loss and damage during shipping tm the Airport. Shipping tobeinvoiced monthly based on percentage of completion ofshipping. Price for this item 1518,590.00 3. Installation support materials: debris deMedor, backer rod, nau|h, seam aea|, side coating, side vents and EMAS block adhesive. Runway Safe Inc. will also provide 25 blocks as spares to replace reasonable losses during shipping. This constitutes the combined spare blocks for the entire bed including the block contract. These replacement blocks will not be separately priced, and any replacement blocks not used during the installation will be loaded by Contractor(along with other unused materials and shipping materials) and returned to Runway Safe Inc. without credit hothe Owner. Installation materials to be invoiced as they are stored etor near Runway Safe |no.'e Logan Township, NJfacility. Price for this item li0L��.00 RvnwayS�eino r85u'o/5-som 4. Runway Safe |nr.'sonsha support services (product configuration and installation advisors for the block iosta|ctkon): Preparation of preliminary and final EMAS Product Configuration Report, EMAS Installation Drawings, and EN1AS |nmheUaUon Specification in accordance with FAA AC 150/5220-22B. Owner Must make ita condition of their construction contract that Contractor will be trained by Runway Safe Inc. on the proper handling and placement of the EMAS material and related subjects during the initial phase of the installation. Runway Gmha Inc. ahmU monitor the progress and quality of the work. Runway Safe|tic.shall notify Owner if Contractor deviates from manufacturer's specifications for installation of an EMAS or the Statement of Work. Runway Safe Inc. shall instruct Contractor, as hired and paid by Owner, on installation specifications and requirements prior to start of instaUmbon, instruct airport maintenance onavv on EMAS bed maintenance as outlined in the |W1R (Inspection Maintenance & Repair) manual, confirm installation is in compliance with the United States FAA Advisory Circular 150/ 220-228. Any material losses incurred during the installation by the installer hired by the Owner shall be invoiced separately by Runway Safe Inc. at the same unit price identified in Paragraph 1 ebove, plus shipping. Pricing for the onaihm oupport service is predicated on installation of the EMAS block system being completed no later than May 31. 2023. and availability of eight (8) daylight hours per wmrhday, for five (5) consecutive days per week exclusive of weekends. If the installation is delayed beyond that time or there are significant deviations from availability of daylight hours,hours per day or days per week. Runway Safe Inc.shall be entitled to an equitable adjustment of its compensation for providing onmita support services. This support will be invoiced monthly based on the percent of completion at that time. Price for this item $386,820.00 5. Terms&conditions: The Owner will pay Runway Safe Inc. in accordance with the Florida Prompt Payment Act, Florida Statues Section 21873G. Runway Safe Inc.shall not be entitled bopayment unless and until it submits to the Owner invoices with supporting documentation acceptable to the Monroe County Clerk of Court, of which may include partial and final releases and waivers of lien; releases and waivers of lien from all contractors and subcontractors of Runway Safe Inc. and of any and all parties required by the owner. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735. Any amount unpaid 3Odays after the invoice date, is subject to interest at the rate of 1% per month or the maximum rote allowed by law on the unpaid balance. Owner agrees to pay any expenses incurred incollecting unpaid balance including a#ornoy'a fees and costs. The Owner agrees im pay for EN1ASblocks and installation meteria|s, which are stored at or near Runway Safe |no.'m Logan Township, NJ plant, provided Runway Safe Inc. furnishes the Owner with evidence of quality and quantity of the E[WAGblocks, Title and risk of loss transfers et the time nfinvoicing. Price includes insurance po|ioy, provided by Runway Safe Inc. on behalf ofthe <]wnar, by adding the Owner as an additional insured on such policy, against loss by darnage to or disappearance of such blocks at any time prior to successful shipment to the Key West International Airport. o. Payment Terms: i Down payment(due with execution of contract) -$72O.00O,OO ii January 2U23 invoicing not bo exceed -$1.4O8,280.U0 iii February 2U23 invoicing not to exceed -$1.4O8.2SO.00 iv. March 2O23 invoicing not ho exceed -$990.431.00 v. April 2O23 final invoicing -$1.48G.S48�0Q vi PROJECT Total-$G.O22.5GQ.O8 G. Total price comprises, 2.620 remaining (4' x 4^) jet-blast-resistant (JBR) EMAS blocks (EKUA8 arrestor bed size 340. x12D approximately) and associated installation support materials and services as described above. Price for EN1AS Blocks will bo prorated upor down if the final bed size approved by FAA io larger or smaller than described herein. Runway Safe ino ros6-m5aoo* cxso High Hill Road,Logan Township,wJon000 xmm°runuavaam.c^m RUNWAky 7. Notice bo proceed (WTP) in granted upon full execution of this contract. Shipment of blocks will begin ata time mutually agreedupon between Runway Safe Inc. and the Owner uo required hm meet the Contractor's schedule. Runway 8oh* Inc. will make good fai!h, reasonable efforts to accommodate the schedule established by the contractor retained to construct the EMAS bed, provided that Runway Safe Inc. is given sufficient advance notice of the schedule. Owner understands price to be adjusted for extended storage if the blocks are stored for more than two months beyond the target date for installation in Runway Safe |no.'m storage facility (cost $16.146.00 per month) or more than two weeks beyond target installation start in the trailers onnito ($3.831.00 per trailer for the first month and $13.478.00 per trailer for all other months). R. Once the blocks are shipped to the Airport, they are to be stored in trailers at a secured location until time for installation. Storage site et Airport tobe provided by Owner atno charge toRunway Soha Inc. Blocks will be shipped starting approximately 2 weeks prior to installation start. Contractor shall immediately assume responsibility for the control and condition of the blocks and installation materials at the airport. Loading and unloading ofEyWAS blocks and installation support materials aho|| be by Contractor under the guidance of Runway Safe |no.`s installation support personnel. 9. Assignment: Each Party agrees that its rights and obligations under this Agreement may not be assigned or otherwise transferred to a Third Party without the prior written consent of the other Party hereto. Notwithstanding the foregoing. either Party may transfer or assign its rights and obligations Linder this Agreement to (a) an Affiliate, subject to the prior notice to the other Party and the assigning Party remaining responsible for such Affiliate's performance or(b)a successor to all or substantially all of its business or assets na|aUnQ to this Agreement whether by oo|o, nmerger, operation nf law orotherwise, without the prior written consent ofthe other Party; provided that such assignee or transferee has agreed to be bound by the terms and conditions of this Agreement. Subject to the hmnagoinQ. this Agreement shall be binding upon the Parties hereto, their successors and assigns. 10. WARRANTY& LIABILITY—NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY OTHER DOCUMENT OR AGREEMENT PERTAINING TO THE EKOA8` RUNWAY SAFE INC IS NOT PROVIDING ANY WARRANTY, INDEMNITY OR HOLD HARMLESS TO ANY PARTY EXCEPT AS SPECIFICALLY PROVIDED IN RUNWAY SAFE'S STANDARD LIMITED WARRANTY,WHICH IS ATTACHED HERETO. LIABILITY OF RUNWAY SAFE INC SHALL|NNOCASE EXCEED THE VALUE OF THE CONTRACT ASA WHOLE.THE OWNER ACKNOWLEDGES THAT IT HAS HAD THE BENEFIT OF COUNSEL IN UNDERSTANDING ITS RIGHTS UNDER THIS PURCHASE ORDER AND THE LIMITED WARRANTY EXTENDED TO IT BY RUNWAY SAFE INC. 11. Semi-annual inspections of the installed EMAS to be provided by Runway Safe Inc.for one year after date of final acceptance otnu additional cost. 12. No sales/use or other taxes are included in the above figures, and under no circumstances shall Runway Safe Inc. be liable for any sales, use or similar tax. |n the event sales and/or use taxes are levied against Runway Safe Inc. hy either the State, County. City ormunicipality, the Owner expressly assumes liability for any such sales/use mr other taxes. 13. Termination: Either Runway Safe Inc. or Owner shall have the right to terminate this Agreement following a material breach by the other party if the party seeking to terminate has provided the other party with sixty (GO) days written notice specifying such breach and the other party has failed to cure. In uuoh event, this Agreement shall terminate and Runway Safe Inc. shall be entitled to receive from Owner payment for the percentage of services performed through the date of termination, including EMAS blocks and installation materials produced and not shipped. Material breach shall include nomnvy Safe Inc roos'ora'ooe4 xxoe High Hill Road,Logan Township,xJoonos vw^w.mownveufe.vom RUNW^Y S A 1"", 14. Altport work hours available from 8 a.ni,to 6 jmn,and a 6 day work week. 16. FAA contract clauses are attached hereto as Exhibit I and shell be Incorporated as If fully restated heroln 'rhese clauses must be flowed down to all tiers of subcontractors. 16. Runway Safe Inc.611,AH provide Insurance as required on the 90actied sheet prior to beginning delivery of materials(Exhlbit 2). 17 Monroe County contract clauses are attached hereto as Exhibit 4 and shall be Incorporated as If (Lilly restated herein, 18. Ju6srilction shall be In the State of Delaware.D sputes shall be resolved by binding arbitration In Wilmington,Delaware, 119. Purchase Orders, No other provisions of Lury Owner Issued purchase order or other Owner document shall aller or add to this Agreement, 0 P1" 00 Monroe County Runway Safe Inc, 14 . l3y. By: 7 A f� kinte: 4101 S"Cies I Title:Senior Director Airports itle: r,sld t 0 * 'Z— �77 -12,5,2-022 attic:1(61111111 aastesi Name: Pontus Kallen,CEX.) Title:County Administrator Title:MIS Group CED WOE COLI m-ronNcy VCHAM NTY ATORNEY PEO d"LUATW Runway SO(O(ric 58SA 2219 HCh WMoo,r Lopo are oih'p,NJ 4035, VA'"I ` FkU NWALY EXHIBIT I - FEDERAL AVIATION ADMINISTRATION REGULATIONS: During the performance of this Agreement, the Consultant, for itself, its assignees, successors in interest and subcontractors(hereinafter referred toao the"[bntnaobor") agrees osfollows: A. ACCESS TO RECORDS AND REPORTS (2CFR§208,32G. 2CFR§2UO.333). The Contractor must maintain an acceptable cost accounting system. The Contractor agrees hm provide the Authority, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives aooeoo to any booku, documents, paporm, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examinmtion, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. B. BUY AK0ER|C/\ PREFERENCE (49 U.S.C. G 60101). The Contractor agrees to comply with 48 USC § 50101. which provides that Federal funds may not be obligated unless all steel and manufactured goods used inA|P-fLinded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Adio|o, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. C. CIVIL RIGHTS—GENERAL(49 U.S.C. §47i23). 1) Contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. 2) This provision binds the Contractor and any subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of the Title VI of the Civil Rights Act nf1BS4. D, CIVIL RIGHTS—TITLE VI. 1) Title VI Solicitation Notice. The Authority, in accordance with the provisions of Title V| of the Civil Rights Act of18G4 (78ShaL252.42U.S.C. §§2UOUdto2OOOd-4)and the Regulations, hereby notifies all bidders or offerors that U will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 2) During the performance of this contract, the Contxoohor, for itself, its assignees, and u000emoom in interest (hereinafter referred to as the ^Dontoaoto/') agrees asfollows: m) Compliance with Regulations: The Conti-actor (hereinafter includes consultants) will comply with the Title V1 List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Runway Safe Inc /o5osroaus4 zzoe High Hill Road,Logan Township,wJnouoo m,w.,uvvmr*pm.^vm RUNWAALY b) The Contractor, with regard hz the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases cdequipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the NVod|sohnninsKiVn Acts and Authorities, including employment practices when the contract covers any activity, project, ur program set forth in Appendix Bof48CFR part 2i. o) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a Subcontract, including procurements of materials, or leases of equipment, each potential subcontractor o,supplier will bo notified bythe Contractor of the Contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. d) Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, neconds, aouountm, other sources ofinformation, and its facilities aa may badetermined by the Authority or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of contractor is in the exclusive possession of another who fails or refuses to furnish the info/mahon, the Contractor will so certify to the Authority or the Federal Aviation Administration, as appnmprimhe, and will set forth what efforts it has made to obtain the information. e) Sanctions for Noncompliance: In the event of s contractor's noncompliance with the Non- discrimination provisions of this contract, the Authority will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, indudinQ. but not limited to: (a) Withholding payments to the Contractor under the contract until the Contractor complies; and/or (b) Cancelling, terminating, or suspending a contract, in whole orinpart. U Incorporation of Provisions: The Contractor will include the provisions Vf paragraphs e)through � in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto, The Contractor will take action with respect to any subcontract or procurement as the Authority or the Federal Aviation Administration may direct as m means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in,oris threatened with litigation by Subcontractor, or supplier because of such direction,the Contractor may request the Authority to enter into any litigation to protect the interests nf the Authority, In addition, the Contractor may request the United States to enter into the litigation haprotect the interests of the United States. 3) During the performance of this contract, the Contractor, for |too|[ its eoaigmeea, and successors in interest (hereinafter referred to as the "Contractor")agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Runway Safe Inc `os6-a5-sos« RUNWAfty SAFE a) Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2008d et seq., 78 ata . 252), prohibits discrimination on the basis ofrace, color, national origin); b) 49 CFR Part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title V| of The Civil Rights Act of19B4); c) The Uniform Relocation Assistance and Real Property Acquisition Policies Actnf1S7U(42U.S.C. § 4801), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects. d) Section 504 of the Rehabilitation Act of 1973 (29 U.G.C. § 784 e/maq.. as amended) prohibits discrimination on the basis cf disability and 4ACFR Part 27; o) The Ago Discrimination Act of 1875, as amended (42 U.S.C. § 8101 et s*qj, prohibits discrimination on the basis ofage; 0 Airport and Airway Improvement Act of1882 (49 U.S.C. Chapter 471 § 47128, as amended) prohibits discrimination based on race, cnaed, co|or, national origin, or sex; g) The Civil Rights Restoration Act of1Q87 (PL 100-209) broadened the scope, coverage and applicability of Title V| of the Civil Rights Act of 1864. The Age Discrimination Act of 1975 and § 504 of the Rehabilitation Act of 1973. by expending the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid peoipienbs, sub-recipients and contractors, whether such programs or activities are Federally funded or not; h) Titles U and ]|| of the Americans with Disabilities Act of 1900 (42 U.S.C. Q§ 12131 — 12189 as implemented by Department cfTransportation regulations at4Q CFR pads 37 and 38) which prohibits discrimination on the basis of disability in the operation of public enhhos, public and private transportation systems, places of public accommodation, and certain testing entities; i) The Federal Aviation Administration's Non-discrimination statute (48 U.S.C. § 47123) prohibits discrimination un the basis of race, color, national origin, and sex; j) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations which ensures non-discrimination against minority populations by diaoouoa0in0 pnognamo, poUnima, and activities with disproportionately high and adverse human health or environmental effects om minority and low-income populations; k) Executive Order 13166, Improving Access to Services forPersons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (^LEP^). To ensure compliance with Title VI, Contractor must take reasonable steps to ensure that LEP persons have meaningful access to your programs. (70 Fed. Reg. ut74O87to741OO); and |) Tide |X of the Education Amendments of 1072, as amonded, which prohibits you from discriminating because of sex in education programs or activities(2QU.S.C. §1681. etoeg.). E. DISADVANTAGED BUSINESS ENTERPRISES (49 CFR Part 26)� The requirements of 49 CFR Part 26 apply to this contract. It is the policy ofthe Authority to practice nondiscrimination based on race, Runway Safe Inc ro/m-9r -58s4 uzao High Hill Road,Logan Township,wJnoouv ,wvwmowuysam^onm color sex, or national origin in the award orperformance of this contract. The Authority encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. 1) . The Contractor or subcontractor shall not discriminate on the basis of nace, color, national origin, or sax in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is e material breach of this contnact, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate, which may include, but io not limited to: a) Withholdinq monthly Progress Payments: N Assessing sanctionsm o) Liquidated damages; and/or d) DimqumUh/|nQ the Contractor from future bidding as non-responsible. 2) Prompt . The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime Contractor receives from Authority. The prima Contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Authority. This clause applies bn both DBE and non-DBE Subcontractors. F. FEDERAL FAIR LABOR STANDARDS ACT (Federal Minimum Wage, 28U.S.C. § 2O1m/seq.). All contracts and mubcontroctm that result from this solicitation incorporate by nahenanoe the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act ("FLSK), with the same force and effect as if given in full text.The FLSA sets minimum wage,overtime pay,recordkeeping,and child labor standards for full and pad time workers. The Contractor has full responsibility to monitor compliance to the nsharanoed statute or regulation. The Contractor mumi address any claims or d|apuham that arise from this requirement directly with the U.S, Department of Labor—Wage and Hour Division. G. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (49 CFR Part 20' Appendix A). 1) The bidder or offeror certifies by signing and Submitting this bid or proposal, to the best of his or her knowledge and belief, that: m) No Federal appropriated funds have been paid or will be poid, by o/ on behalf cfthe bidder or offeror,to any person for influencing or attempting to influence an officer or employee of an agency, a Member ofCongress, on officer oremployee of Congress, or an employee of 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, conUnueUon, renewal, amendmen\, or modification of any Federal contract, grant, loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence on officer or employee of any agency. m Member of Cmngveaa, an officer oremployee of Congreuv, or an employee of Member ofCongress 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. wvnway Safe Inc rma�5-5854 onxo High Hill Road,Logan Township,mJoouv5 ,*~v,u^wu "mm.cvm . RUNWAMILY u) The undersigned shall require that the |engmmAe of this certification be included in the award documents for all sub-awards at all tiers (including aubomnhaots, sub-grants, and contracts under grants, |oanm, and cooperative agreements) and that all sub-recipients ehmU certify and disclose accordingly. 2) This certification is o material representation of fact upon which na|ienoe was p|eoad when this transaction was made or entered into. Submission of this certification is s prerequisite for making or entering into this transaction imposed by31 U.S.0 § 1352. Any person who fails hofile the required certification shall be subject toacivil penalty ofnot less than $10.000end not more than $100.000fo/ each such failure. H. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (29 CFR Pod 1910). All contracts and subcontracts that result from this solicitation incorporate by reference the requirements Of Occupational Safety and Health Act of 1970(29 CFR Part 1910)with the same force and effect as if given in full text. The Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor has full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety Health Act of 1970 (29 CFR Part 1910). The Contractor must address any t(mimo or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor-Occupational Safety and Health Administration. i RIGHTS TO INVENTIONS (2 CFR Part 200 Appendix U(F)). Contracts or agreements that include the performance of experimental, developmental, or naoaamh work moot provide for the rights of the Federal Government and the Authority in any resulting invention as established by 37 CFR part401' Rights to Inventions Made bv Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights au specified within the 37CFR§4O1.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work. J. TRADE RESTRICTION CLAUSE (48CFR Part3O). i) By submission of an offer. the Offeror certifies that with respect to this solicitation and any namukmnt contract, the Offeror.- a) is not owned or controlled by one or more citizens of foreign country included in the |lmt of countries that discriminate against U.S. firms published by the Office of the United States Trade Repremenbatkm(^U,S.T.R.^); b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R.;; and o) has not entered into any subcontract for any product ha he used on the Federal project that in produced in m foreign country included on the list of countries that discriminate against U.S. firma published by the U.SIR' 2) This certification concerns a matter within the jurisdiction cf an agency of the United States ofAmerica and the making of o fe|oe, ficdUous, or fraudulent certification may render the maker subject to prosecution under Title i8U.S.C. § 1O01. nwnway Safe Inc roso'ss'av5w xem High Hill Road,Logan Township,wJeu000 *wwwru^w*v°*m.c*m �0 3) The Offeror/Contractor must provide immediate written notice h»the Authority if theDffemnCmdmctor learns that its certification or that of subcontractor was erroneous when oubmUKed or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor ifet any time it learns that its certification was erroneous by reason of changed circumstances. 4) Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 4QCFR30.17, no contract shall ho awarded hoan Offeror orsubcontractor: a) Who is owned or controlled by one or more citizens or nationals of a foreign Country included on the list of countries that discriminate against U.S. firms published by the U,S.T.R.; or b) VVbooe ouboontnsohoru are owned or controlled by one or more citizens or nationals of foreign country on such U.3.T.R. list; or o) Who incorporates in the public works project any product nfo foreign Country on such O.SIR. list. 5) Nothing contained in the foregoing shall bo construed ho require establishment ofe system ofrecords in order to nander, in good faith, the certification required by this provision. The knowledge and information of contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course cf business dealings. 6) The Offeror agrees that, if awarded n contract resulting from this onUc|haUon, it will incorporate this provision for certification without modification in each contract and in all lower tier Subcontracts. The Contractor may rely un the certification of prospective subcontractor that in not mfirm from efoneign country included on the list Of Countries that discriminate against U.S. firms as published by U.S.T.R,, unless the Offeror has knowledge that the certification ieerroneous. 7) This certification is a material representation of fact upon which reliance was placed when making the award. |fit |m later determined that the Contractor or subcontractor knowingly rendered mnerroneous oedifioeUuo. the Federal Aviation Administration may direct through the Authority cancellation of the contract or subcontract for default atno cost to the Authority or the FAA.. K DEBARMENT AND SUSPENSION(2CFR Part 18U(Subpart C);2CFR Part 120U; DOT Order 42O03 -Suspension & Debarment Procedunea& |n*|igibi||ty). 1) . m) By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror Submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 2) Certification Regardin -nent and Suspension (Successful Bidder Regarding Lower Tier Partici~ . a) The successful bidder, by administering each lower tier subcontract that exceeds twenty-five thousand dollars ($25.000) as a ^ouvenmd transaction", must verify that each lower tier participant of a"covered transaction"under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: (1) Checking the System for Award Management atweboKe: Runway Safe Inc raseer5-ms4 2um High Hill Road,Logan Township,wJuonoo =,w.mvw^r"wfe.cw" RUNWALY (2) Collecting m certification staternent similar to the Certificate Regarding Debarment and Suspension (Bidder or(]Mevor). above. (3) Inserting a clause or condition in the covered transaction with the lower tier contract. b) If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified mt the time it entered the covered transaction, the FAA may pnmauo any available remedioe, including suspension and debarment of the non-compliant participant. L. CLEAN AIR AND WATER POLLUTION CONTROL(2CFR§2O8 Appendix U(G)). Contractor agrees to comply with all applicable standards, orders and regulations issued pursuant to the Clean Air Act(42 U.S.C. §740-7671 q)and the Federal Water Pollution Control Act,as amended(33 U.S.C. § 1251-1387 ot seq.)The Contractor agrees to report any violation to the Authority immediately upon discovery. The Authority assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exoeed $15O.UU0. M. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR Part 2OOAppendix }|(E)) 1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half(1.5)times the basic rate of pay for all hours worked in excess of forty(4O) hours in such workweek, 2) Violation: Damages. |n the event mf any violation of the clause set forth in paragraph (1) above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District Of Columbia or a territory,tosuch District orto such tenitory). for liquidated damages. Such liquidated damages shall be Computed with respect to each individual laborer or machanic, including watchmen and guavJa, employed in violation of the clause set forth in paragraph (1))above, in the surn of ten dollars($10)for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) above. 8) Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration orthe Authority shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the, Contractor orsubcontractor under any Such contract or any other Federal contract with the same prime Contractor, or any other Federal contract with the same prime contractor , or any other Federal ly-assisted contract Subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)) above. Runway Safe Inc rosm'm5-soo* uuao High Hill Road,Logan Township,mJuuons nmm*.muvavmum.ovm 4) Subcontractors. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (i)) through (4)) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)) through (4)) of this section. N. EQUAL OPPORTUNITY CLAUSE: During the performance of this Agreement,the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of roce, color, ma|igion, sex, or oodiuna| origin. The Contractor will hake offirmmUwa action to ensure that applicants are employed, and that employees one treated during employment without regard to their race,color, religion,sex,sexual orientation,gender identify,or national origin. Such action shall include, but not be limited to the following: employment, upgnading, demoUon, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms ofcompensation;and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf mfthe Contractor, state that all qualified applicants will receive considerations for employment without regard to race, co|or, na|iQion, mm/, or national origin. 3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other ooninmc( or undemtanding, o notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and cf the rules, regulations, and relevant orders of the Secretary ofLabor. 5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24. 1965, and by ru|ms, voBu|mhVna, and mnden*of the Secretary ofLabor, or pursuant thereto, and will permit access to his bonka, nacordo, and accounts by the administering agency and the Secretary cf Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said ru|eo, negu|mtiona, or undem, this contract may be oanoe|ed, tenninoted, or suspended in whole or in pert and the Contractor may be declared ineligible for further Government contracts or federally msm|mLed construction contracts in accordance with pmomdunaa authorized in Executive Order 11246 of September 24. 1865^ and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, ur order of the Secretary of Labor, orao otherwise provided bylaw. 7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 oy September 24. 1885, so that such provisions will be binding upon each Subcontractor or Runway Safe Inc r000yra'sa54 ouoo High Hill Road,Logan Township,wJ000ns ,ww,v"°wxmmm.vwm RUNWAtky vendor. The Contractor will take such action with respect to any subcontract or purchase order aethe administering agency may direct as a means of enforcing such provisiona, including oomdkzns for noncompliance: Provided, however,that in the event a contractor becomes involved in,or is threatened with, litigation with e subcontractor or vendor as a result ofsuch direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. O. ENERGY CONSERVATION REQUIREMENTS:The Contractor and any subcontractor agree to comply with mandatory standards and policies relating to energy efficiency that are contained in the e1mba energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42U.S.C. §6201. atmeql P. VETERAN'S PREFERENCE(40U.G.C. §47112(u)). |n the employment of labor(excluding executive, udministxahw*, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code §47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans,disabled vatexana, and ame|| business concerns (as defined by 15 U.G.C. §632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment m|abao. Q. TEXT|0G WHEN DRIVING: In accordance with Executive Order 13513. "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009)and DOT Order 3902.10,"Test Messaging While Driving"(12/30/2009),the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to bon text messaging while driving when performing work related to a grant oraubgnant In support of this initiative, the Authority encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted dhve/o, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project.The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3500 that involve driving a motor vehicle in performance of work activities associated with the project. R. AIRPORT DEVELOPMENT:The Authority reserves the right to further develop or improve the landing area aai(sees fit, regardless of the desires or views of Contractor and without interference or hindrance. G. REPAIR OF AIRPORT: The Authority reserves the right, but shall not be obligated to Cnntreotor, to maintain and keep the landing area and all its facilities in repair as well as the right to direct and control all activities of Contractor in this na0end. T. SUBORDINATION: This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the Authority and the United States, relative to the development, operation, or maintenance of the Airport. U. RIGHT OF AIR NAVIGATION: The Authority reserves for itself, its ouooeaoom, and aoaigmm, for the use and benefit of the public,a right of flight for the passage of aircraft in the airspace above the surface of the premises herein covered by this Agreement. This public right of flight mhuU include the right to oeuna any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at,taking off from or operation on the Airport. euowmy Safe Inc royu*rsnma uooe High Hill Road,Logan Township,wJuoons w,w.mmvap`am.com WWY V. 14CFRPart 77: Contractor agrees to comply with the notification and review requirernents covered in Part 77 of the Federal Aviation Regulations in the event future construction, modification or alteration of any present or future building or structure is planned for the premises related to this Agreement. W. OBSTRUCTIONS: Contractor, by accepting this Agreement, expressly agrees for itself, its successors, and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on Authority land above the mean sea level elevation of fifty (50) feet. In the event the aforesaid covenants are breached, the Authority reserves the right to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Contractor. X. NO INTERFERENCE: Contractor agrees for itself, its successors and assigns that it will not make use of Authority premises in any manner which might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Authority reserves the right to cause the abatement of such interference at the expense of Contractor. Y. EXCLUSIVE RIGHTS: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting o/ an exclusive right within the meaning of § 308a of the Federal Aviation Act of1858 (4QU.S.C. §401O3; P.L1O3-272; 108STAT. 11O2. and meit may heamended in the future). Z. SEISMIC SAFETY: In the performance of design services,the Contractor agrees to furnish a building design and associated construction specification that conform to building code standard which provides a level of seismic aehah/ substantially equivalent to standards established by the Wsdiono| Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of design services, the Contractor agrees to furnish the Authority a "certification of compliance" that aboatm conformance of the building design and the construction specification with the seismic standards of NEHRP or an equivalent building code. AA. TAX DELINQUENCY AND FELONY CONVICTION: The applicant must complete the following two certification statements. The applicant muot indicate its current status as it relates Ax tax delinquency and felony conviction by inserting a oheckmmrk (0) in the space ho||mminQ the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that itia ( is not ) a corporation that has any unpaid Federal tax liability that has been eoneemmd, for which all judicial and administrative remedies have been exhausted or have lapsed, and that ionot being paid ina timely manner pursuant toan agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of criminal violation under any Federal law within the preceding 24months. Note: If an applicant responds in the affirmative to either of the above repnaaenta{ioum, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SD[) that the 8OD has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore muat provide Runway Safe Inc roas'or5-oun^ oeoe High Hill Road,Logan Township,wJooums ,*"wmnwxpam.com . RUNW^Y SAFE information to the owner about its tax liability mv conviction kz the Owner, who will then notify the FAA Airports District (JfDce, which will then ncd|h/ the agency's SD(} to facilitate oonlp|*dioo of the required considerations before award decisions are made. Term Definitions: Felony Conviction: Felony conviction means m conviction within the preceding hwentyh>ur(24) months of o felony criminal violation under any Federal |evv and includes conviction of an offense defined in a mmodon of the U.S. code that specifically o|eenif|eo the offnuam as m felony and conviction of an offense that is classified amo felony Linder 1H U.S.C� § 3569. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been anaenmod. for which all judicial and administrative remedies have been exhausted, or have |apoed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 8B. PROHIBITION C]P SEGREGATED FACILITIES: 1) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it does not permit its employees to perform their services at any location undar its control where segregated facilities are maintained.The Contractor agrees that e breach of this o|euoe is m v|n|ehon of the Equal Opportunity clause in this contract. 2) "Segregated haoiUbem^ as used in this clause, means any waiting ru*me, work areas, rest rooms and wash rooms, restaurants and other eating araes, time clocks, locker rooms and other storage or dressing eveam. parking lots, drinking fmuntoina, recreation or entertainment aremm, trenepodadmn, and housing feuiUUas provided for emp[uyeeu, that are segregated by explicit directive or are in fact segregated on the basis of race,color, religion, sex,or national origin because of written or oral policies or employee custom. The term does not include separate or single-user restroomm or necessary dressing or sleeping areas provided to assure privacy between the sexes. 3) The Contractor shall include this clause in every subcontract and purchase order subject b)the Equal Opportunity clause Vf this contract. CC.COPELAND'^/\WT|-K(C]KB,4CK ACT":Contractor Must comply with the requirements ufthe Copeland "Anti-Kickbaok" Act (1O USC 874 and 4O USC 3145), as supplemented by Department ofLabor nagu|eUom 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any pad of the compensation to which the employee is entitled, The Contractor and each Subcontractor mumt submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week, Owner must report any violations of the Act ho the Federal Aviation Administration. DD. DAVIS BACON REQUIREMENTS 1) Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once ovveek^ and without subsequent deduction or rebate un any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereo� due at Hrne of payment computed at rates not less than tbneo contained in the wage determination of the Secretary of Labor which is attached hereto and made a port hereof, regardless cf any contractual relationship which may he alleged to exist between the Contractor and such laborers and mechanics. Contributions made orcosts reasonably anticipated for bona fide fringe benefits Linder section 1(k)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, Subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made Runway Safe|no r856'yrs-5os4 xoom High Hill Road,Logan Township,wJuamm ==°,"°w" *wm.^vm or costs incurred for more than a weekly period (but not less often than quarterly) Linder plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made orincurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 6.5(m)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each o|aaoi[icmUun in which work ia pednrmed. The wage determination (including any additional classification and wage rates conformed unde/ (1)(ii) of this section) and the Davis-Bacon poatar (NH'1321) shall be posted at all times by the Conti-actor and its ouboontraoturo at the site of the work in e prominent and accessible place where it can easily be seen by the workers. (ii) (\) The contracting officer shall require that any class of laborers ormechanics, including he|paro, which is not listed in the wage determination and which is to be employed under the contract shall be o|eouifiod in conformance with the wage determination. The oonkmoUnO officer shall approve on additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work hu be performed by the classification requested is not performed byeclassification in the wage determination; (2) (2)The classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained |n the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), e report of the action taken mheU be sent by the contracting officer to the Administrator of the Wage and Hour Dk/ision, Employment Standards AdminieLxahon, U.S. Department of Labor, Washington, DC2O21O. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of nyco|ptendmoadvise the contracting officer or will ncdifyth*contracting offimarwithin the 38-dey period that additional time imnecessary. (C) In the event the Contractor, the |abunem, or mechanics to be employed in the classification, or their repneoenhotiwao, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue m determination within 30 days of receipt and so advise the contracting officer orwill notify the contracting officer within the 3O-day period that additional time isnecessary. (D) The wage rate (including fringe benefits whore appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this penagnspb, mhmU be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a o|euw of laborers or mechanics includes a fringe benefit which is not expressed as an hourly oatm. the contractor shall either pay the benefit as stated in the wage determination orshall pay another bona fide fringe benefit oran hourly cash equivalent thereof. Runway Safe Inc ronm'oro'noo* ouan High Hill Road,Logan Township,mJoonos ,mw.movaysum.cvm . FtUNVVAtky (iv)If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under plan or program: Provided that the Secretary nfLabor has hzund, upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been med. The Secretary cf Labor may require the Contractor ho set aside in a separate account assets for the meeting of obligations Linder the plan or program. 2) Withholding: The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract ur any other Federal contract with the same prime uontnector, or any other federally- assisted contract Subject to Davis-Bacon prevailing wage nequinsmenb;, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including mppnsnUoos, toaineas, and ho|pers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanio, including any apprentice, (rainoe, or he|per, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Dwner, take such motion as may be necessary to cause the suspension of any further paymant, advancm, or guarantee of funds until such violations [lave ceased. 3) Payroll and Basic Records: (i)PayroUsand basic records relating thereto shall be maintained by the Contractor during the course of the work and promomnd for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and amoia| security number of each such worker; his or her correct classification; hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits o/cash equivalents thereof nfthe types described in 1(b)(2)(B) o/ the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 28 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under plan or program described in aeodom 1(b)(2)(8)of the Davis-Bacon Act, the Contractor ohm|| maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially neeponoib|e, and that the plan or program has been communicated in writing to the laborers or mechanics affected. and that show the costs anticipated or the eotuo| ouata incurred in providing such benefits. Cnnhmoh»m employing apprentices ortrainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee prognamm, the registration of the apprentices and trainees, and the ratios and wage rotes prescribed in the applicable programs. (ii)(A)The Contractor shall submit weekly for each mmmk in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the omntxed, but if the agency is not such e party, the Contractor will submit the poynnUm to the applicant, Gponoor, or Owner, as the oeee maybe, for transmission to the Federal Aviation Administration. The payrolls mubmhted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be |oo|udad on weekly transmittals. |metood the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional FormVVH-347 |a available for this purpose from the Wage and Hour Division VVeh site at or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all auboontreotore. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the eQonny is e party tothe Runway Safe Inc rosuyr5-sos^ uoae High Hill Road,Logan rnwnm/n.wJu0000 ,wmw.,u"wwv*am."vm WtUNWAMY contract, but if the agency is not such a party, the Contractor will Submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for o prime contractor to require o subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly Submission to the sponsoring government agency(or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor or subcontractor or his or tier agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) The payroll for the payroll period contains the information required to be provided under 23 CFR § 5.5(o)(3)(ii), the appropriate information is being maintained under2Q CFR § 5.5 (e)(3)(i), and that such information is correct and complete; (2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages *arned, without nebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions ao set forth in Regulations 28CFR Part 3; (3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of properly executed certification set forth on the reverse m|dn of Optional Form VVH'347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B)of this section. (C)The falsification cf any of the above certifications may subject the Contractor or subcontractor bz civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation /\dm|n|mdredion. or the Department cf Labor and aheU permit such rupoaoeobdiveo to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant,or Owner,take such action as may be necessary to cause the suspension of any further payment, advanco, or guarantee of funds. Furthemnone, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4) Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.G. Department ofLabor, Employment and Training Administration, Bureau of Apprenticeship and Tnaining, o,with a State Apprenticeship Agency recognized by the @ureau, or if person is employed in his or her first 90 days of probationary employment as an apprentice in ouoh an apprenticeship pnoQram, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor aoho the entire work force under the registered program. Any worker listed nn a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable Runway Safe Inc rmoe-o/5'sos4 2uo^High Hill Road,Logan Township,wJoona5 ,wwmnnavomm.cvm . RUNWAXY wage rate on the wage determination for the classification of work edmaUy performed. In addition, any apprentice performing work on the job site in excess of the nuUo permitted under the registered program shall be paid not less than the applicable wage odo on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of thejourneyrnen hourly rate specified in the applicable wage determination. Apprentices ohm|| he paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. |f the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Buremu, withdraws mppm»vo| of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 28 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of pnoQroom, expressed as e percentage uf the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid hinge benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at e trainee rate that is not registered and participating in otnaining plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate onthe wage determination for the c|ama|Moahon of work ootuo||y performed. In addihon, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not |eoa than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of training program. the Contractor will no longer be permitted(o utilize trainees o\less than the applicable predetermined rate for the work performed until an acceptable program ioapproved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 3O. 5) Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 28 CFR Port 3,which are incorporated by reference in this contract. G) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Pad 5.5(o)(1) through (10) and such other c|numeo as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any Subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. RvmmaySmme|mc ross-ors-xom o23o High Hill Road,Logan Township,mJ000mo ,wwmpwnvuumxom 7) Contract Termination: Debarment.A breach of the contract clauses iu paragraph 1 through iOnfthis section may be grounds for termination of the nonhao , and for debarment as a contractor and a subcontractor oa provided in2QCFR 5.12. 8) Compliance with Davis Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 28 CFR Pmhm 1. 3. and 5 are herein incorporated by reference |n this contract. 8) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this o|muae include disputes between the Contractor (or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. 10) Certification o[Eligibility. (QBy entering into this contract, the Contractor certifies that neither d(nor heor she)nor any person nrfirm who has an inhsnamt in the Contractor's firm is o person or firm ineligible to be awarded Government contracts by virtue ufsection 3(a)cf the Davis-Bacon Act or28 CFR9.12(o)(1). (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of A Government contract by virtue ufsection 3(o)of the Davis-Bacon Act o/2G CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001 Runway Safe Inc ra56-9r5-oxav 2uus High Hill Road,Logan Township,mxoom* nmw.mvwmvaam.cnm RUNWAfty EXHIBIT 2 -INSURANCE RUNWAY SAFE INC. shall at all times during the h*nn of this Agreement maintain, at its own cost and expense, the following minimum levels and types ofinsurance: C-1. Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, Independent Contractors and Prod uotsKComplebad Operations coverage written on an ^000unenoe.~ not"claims made" basis): in the amount of one million dollars($1,000,000)each occurrence and two million dollars($2,000,000)annual aggregate, a) TheCommenuia|Genoxe| Liabi|itypo|inynha|| be*ndorwedtoino]udetheAuthorih/. itu agents, officers and employees aman additional insured. b) The coverage provided to the Authority, as an additional insured, shall be primary and noncontributory c) The onvonsge provided mhe|| include Waiver ofSubrogation endorsement in favor of Authority. C'2. Commercial Automobile Liability: Covering Owned, Non-Owned. and Hired Automobiles vvd#en on an ^omcurnanoe." not "claims made" basis in the amount ofone million dollars ($1.000,OOO) combined single limit for bodHy injury and property damage. a) The Commercial Automobile Liability policy shall ha endorsed tn include the Autho/ih/, its agents, officers and employees amun additional insured. b) The coverage provided shall include Waiver ofSubrogation endorsement in favor of Authority. C-3. Workers' Compensation and Employer's Liability: Insurance in full compliance with the provisions of the Workers' Compensation Act of the State of Florida plus Employer's Liability. C4. Excess/Umbrella Liability: Insurance on an occurrence-based form which provides coverage in excess of, and as an umbrella to, the required primary insurance policies listed inC-1. C-2 and Employer Liability with limits not less than nine million dollars ($8.00O.O0U). Runway Safe|no roawe*yos4 uoxo High Hill Road,Logan Township,wJwaueo vw^,.,""*vv*^m.^"m W=91ho NNW RUNWAY SAFE, Inc. ("Runway Safe")warrants to the original purchaser(the"Client") of the Runway Safe Engineered Material Arresting System that, for a period of one(1)year from the earlier of the date of acceptance, as evidenced by a final acceptance document signed by the Client or thirty (30) days from date Client is advised by Runway Safe that the EMAS is ready for acceptance, and Subject to the limitations stated herein, the EMAS arrestor bed (excludes base surface preparation) conforms to the product specifications listed under Applicable Documents. This VVa/nanb/ is non-transferable and is expressly conditioned on the Client satisfying all of the following requirements: MAINTENANCE: Runway Safe requires that the Client ensures that a preventative maintenance prograrn in accordance with the Runway Safe Inspection, Maintenance and Repair Manual listed under the clause"Applicable Documents" in initiated and followed. RIGHT OF INSPECTION: The Client shall ensure Runway Safe is provided with reasonable access to the EMAS Replacement Materials after their installation for the purpose of conducting inspections if necessary. Reasonable access shall include, without limitation, access during daylight hours to permit careful visual assessment of the condition of the EMAS Replacement Materials and access ho all records of maintenance carried Out by the Client or other party. NOTIFICATION: If the Client believes that it has a claim arising from the failure of the EMAS Replacement Materials to conform with this Warranty, the Client must notify Runway Safe of the claim,within ten (1O) days after discovering the conditions giving rise tnthe daim, and in any case before the Warranty period has expired. All such notices shall bo given by certified mail addressed toQuality Assurance Manager,Attention:Warranty Claim; Runway Safe, Inc.,2239 High Hill Road, Logan Township, NJO8085. USA. Failure to adhere to any of the conditions stated above shall void this Warranty. WARRANTY REMEDY |f the Warranty set forth above is breached, Runway Safe will, at its ou|e option, either(1) correct the non-conformity at its own cost within a reasonable time after receiving notice of the breach, or(2) a refund of the price of the non-conforming EMAS Replacement Material(s) at its own cost within a reasonable time after receiving notice of the breach. The Client shall ensure Runway Safe reasonable access to the EMAS that allows Runway Safe to perform its warranty obligations on its most cost-effective basis possible. EXCLUSIONS Runway Safe shall not be liable for any damage to the EMAS or other property attributable to any of the following (or any combination thereof): 1. Standing water in and around the EN1ASbed; 2. Vehicular traffic; 3. Aircraft traffic in contact with the EMA8bod� 4� Damage caused byanovv removal equipment that does not meet Runway Safe specifications detailed ' under the clause"Applicable Documents"which were provided with the original EMAS installation; 5. Acts of nature, including, but not limited to, lightning, flood, winds in excess of 100 mph, earthquake, hurricane, tornado, hailstorm, wildfire, or impact of objects or other violent storm or casualty; G. Damage caused by wildlife indigenous(o the installation location; 7. Repairs or alterations of the EMAS, unless performed by personnel trained and qualified by Runway Safe and in a manner meeting the Runway Safe specifications and procedures listed Linder the clause "Applicable Dncumenta^, which were provided with the initial EK8A8 installation; 8. Excessive buildup cf debris in and around the EMASbed; Runway Safe Inc roou-9ns-5a5w ' FkU N WAMILY 8. Impact or contact with other objects, spilled liquids or immersion in liquids (including fuel dropped from over-flying ai/onaft); 10. Use of the EMAS for purposes other than those for which it is custornarily used; 11. Improper maintenance, abuse o/other neglect; 12. Exposure to chemicals other than de-icers and aircraft engine exhaust; 11 Jet blast in excess of10Omph; 14� Damage or defect due to faulty or improper workmanship, including installation of the product that is not in accordance with Runway Safe's published specifications and installation recommendations in effect et the time ofinstallation; 15, Damage to the EMAS Replacement Materials related to or caused by the beno surface not being cpnmhuohad per the drawings and specifications. Runway Safe must check and accept the beao surface prior to the start ofEMAS arrestor bed installation; and 16. Any subsequent failure of the base surface whether or not originally constructed per the drawings and specifications. APPLICABLE DOCUMENTS Project Installation Drawings No 8S101. EMASMAX LAYOUT PLAN RVV1 DEPARTURE END(RVV 18 PHUS|C/\L END) QN1'100 Ek8AS Quality Control plan VPC P-555RVV 1 Dep End Spec Bid Doc 2O2O'07-16 EMAS ;Bed Installation Statement ofWork RWS EMASMAX Inspection, Maintenance and Repair Manual, Current Version [NAN083 Inspection, Maintenance and Repair Manual EK8ASPWAX, V 1.8 WARRANTY EXCLUSIVE/LIMITATION OF LIABILITY THE EXPRESS WARRANTY GET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY K]NO, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR |08PUED. INCLUDING ANY IMPLIED WARRANTY(JF MERCHANTABILITY(JR FITNESS FOR A PARTICULAR PURPOSE,SHALL APPLY. THE CLIENT'S EXCLUSIVE REMEDIES AND RUNWAY SAFE'S ONLY OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH DEFECTS OR NON-CON FORM|T|ES IN THE EK0AS REPLACEMENT MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THOSE STATED HERBN, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN ANY CONTRACT DOCUMENT, RUNWAY SAFE'S TOTAL LIABILITY TO THE CLIENT ARISING FROM OR RELATING TO DEFECTS OR NON-CON FORM|T|ES IN THE EKAAS REPLACEMENT MATERIALS SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE EK8/\S REPLACEMENT K847ER|/\LS PAID TO RUNWAY SAFE. RUNWAY SAFE SHALL HAVE NO LIABILITY TO THE CLIENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. REGARDLESS OF ANY STATUTORY L|K8|T/\T|C]N PER|C}DS, RUNWAY SAFE SHALL NOT BE LIABLE FOR ANY BREACH OF WARRANTY OF WHICH |T|S NOT NOTIFIED AS REQUIRED BEFORE THE WARRANTY PERIOD HAS EXPIRED. This Warranty may not be assigned or transferred without the approval of Runway Safe in writing and does not confer any rights to any other part than party to which it has been addressed by Runway Safe. NO WARRANTY MODIFICATIONS This Warranty mheH not be modified except in a writing signed by Runway Safe's Group CEO. No representative, employee, or agent of Runway Safe, or any person, other than the Group CEO of Runway Safa, has the authority to assume for Runway Safe any additional liability or responsibility in connection with the E[NAGor this Warranty. RonmmyGm0e|nn r*sm'm5-wom uove High Hill Road,Logan Township,wJnoouo nww.rvnnmruofe.omna EXHIBIT 4—MONROE COUNTY CONTRACT CLAUSES 1) Books, Records and Documents. Runway Safe Inc. shall maintain all books, reonnde, and documents directly pertinent to performance under this Agreement in accordance with generally accepted enomunUnQ principles consistently applied, Records shall he retained for a period of seven years from the termination of this agreement or for e period of three years from the submission of the final expenditure report as per OFR §200.338. whichever is greater. Each party tn this Agreement or their authorized nspves*ntmhvow nheU have reasonable and Ume|y eooaas to such naoovda of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. |fan auditor employed by the County or Clerk determines that monies paid to Runway Safe Inc. pursuant to this Agreement were spent for purposes not authorized by this Agreement, Runway Safe Inc. shall repay the monies together with interest oe|ou|mted pursuant to Sec. 55.03' FS, running from the date the monies were paid to Runway Safe Inc. 2) Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. The County and Runway Safe Inc. agree that, in the event of conflicting interpretations of the terms or term of this Agreement byorbetween any of them the issue shall be submitted to mediation prior to the institution uf any other administrative or legal proceeding. 3) GevenaN1ity. If any hann, covemont, 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 hermo, movenanta, conditions and provisions of this Agneement, 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 harmn, oovenantn, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Runway Safe Inc.agree to reform the Agreement to nep|000 any stricken provision with o valid provision that comes as close as possible to the intent of the stricken provision. 4) A#orney'e Fees and Costs. The County and Runway Safe Inc. agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agveement, the prevailing party shall be entitled to reasonable atto/ney'a hmea, court oosta, inveaUgahve, and out-of-pocket expenses, as an award against the non-prevailing porty, and shall include othorney'nfees. courts 000bs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit Court of Monroe County. 5) Binding E#orL The hanns, covanauto, cundiUona, and provisions of this Agreement shall bind and inure to the benefit of the County and Runway Safe Inc. and their respective legal representatives, successors, and assigns. 8) Aothority. Each party represents and warrants to the other that the exenuhon, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7) Adjudication of Disputes or Disagreements. County and Runway Safe Inc. agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction o/the parties, then any party mheU have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. nunway Safe Inc roos-y/o'000^ uooy High Hill Road,Logan Township,xJu000u xmmvr"vna aam.nvm ' RUNWAILY 8) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Runway Safe Inc. agree to porticipate, to the extent required by the other party, in all proueedinQm, hearings, prooemoem, meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Runway Safe Inc. specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. A) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has ocouned, this Agreement automatically terminates without any further action on the part of any pmrty, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: i) Title V|| of the Civil Rights Act of 1864 (PL 88'352), which prohibit discrimination in employment on the basis of race, color, ve|igion, mex, and national origin; 2)Tide IX of the Education Amendment of 1972. as amended (20 U8C §§ 1681-1683. and 1885'1686). 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 o/ handicaps; 4) The Age Discrimination Act of 1875, as amended (42 USC §§ 6101-6107). which prohibits discrimination on the basis of age; G) 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 91 816), as amended, oo|odng to nondiscrimination on the basis cfalcohol abuse or alcoholism; 7) The Public Health Service Act of 1012. §§ 523 and 527 (42 USC §§ 880dd-3 and 290ee'3). as amondmd, na|aUnQ to confidentiality of alcohol and drug abuse patient records; 8) Title VU| of the Civil Rights Act of 1868 (42 USC§§ 3601 ad aeq.),as amnended, na|uding to non discrimination in the sa|e, nanhs|or financing of housing; 9) The Americans with Disabilities Act mf1QQU (42USCQ§ 121O1). ea amended from time tz time, relating to nondiscrimination in employment on the basis cfdisability; 1D) Monroe County Code Chapter 14.Article U. which prohibits discrimination on the basis of rece, co|or, sex, na|i8ion, national ork)in, ancestry, sexual orientation, gender identity cxexpression, familial status orage; and 11) any other nondiscrimination provisions in any federal or state abstuhaa which may apply to the podkya to, or the subject matter of, this Agreement. 10) Covenant ofNo Interest. County and Runway Safe Inc. covenant that neither presently has any interest, and shall not acquire any inberest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest ofeach istoperform and receive benefits as recited in this Agreement. 11) Code ofEthics. County agrees that officers and employees ofthe 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 Stotutes, regondin0, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public pmmibon, conflicting employment or contractual relationship; and disclosure or use of certain information. 12) No Sol initahon/Pmyment. The County and Runway Safe Inc.warrant that, in respect to itoe|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporatinn, individua|, or firm, other than a bona fide employee working solely for it, any fee, oommiee|on, pementaOe, gih, ur other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision. Runway Saha Inc. agrees that the County ehe|| 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. Runway Safe Inc ross/ra-5os o2ae High Hill Road,Logan Township,wuuouoo ,mmvru"wwp,mmxum 13) Public Records Compliance. Runway Safe Inc. Must comply with Florida public records laws, including but not limited to Chapter 118. Florida Statutes and Section 24of article | cf the Constitution of Florida, The County and Runway Safe Inc. shall allow and permit reasonable access to, and inspection of, all documents,records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Runway Safe Inc. in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally nanua| this contract upon violation of this provision by Runway Saha Inc.. Failure of Runway Safe Inc, to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of court proceeding and xhaU, as m prevailing pady, be entitled to reimbursement of all athzrney'm fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Runway Safe Inc. is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Runway Safe Inc. is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's Custodian of records, provide the County with a copy of the requested records o/ allow the records to be inspected or copied within a reasonable dmeata cost that does not exceed the cost provided in this chapter uram otherwise provided bylaw. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of Runway Safe Inc. or keep and maintain public records that Would be required by the County to perform the service. If Runway Saha Inc. transfers all public records to the County upon completion of the contract, Runway Safe Inc, shall destroy any duplicate public records that are exempt orconfidential and exempt from public records disclosure requirements. If Runway Safe Inc. keeps and maintains public records upon completion of the contract, Runway Safe Inc, ahoU meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Coomty'e custodian of records, in ahormat that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested venonda. the County ohoU immediately notify Runway Saha Inc. of the request, and Runway Safe Inc. must provide the records to the County orallow the records tobo inspected or copied within a reasonable time. If Runway Safe Inc. does not comply with the County's request for records, the County oho|| enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fo||o to provide the public naoondm to the County or pursuant to m valid public records request within m reasonable time may be subject to penalties under Section 119.10, Florida Statutes. IF RUNVVAY SAFE INC. HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA GTATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN(]F PUBLIC RECORDS, BR|ANBRADLEY.AT(3O5) 2B2-347O. BRADLEY-BR|AN@K8ONROECOUNTY-FL.GUV, MONRUE COUNTY ATTURNEY'SOFFICE, 1111 12th STREET, SUITE 4O8, KEY WEST, FL33840. nunway Safe Inc Toan�75-es4 xuooxigx Hill Road,Login Township,wJonoos ,w,w.mnwxysom.c^m . RUNWALY 14) Non4Nmkmrof Immunity. Notwithstanding the pnnvak)no of Sec. 78828. Florida Statuteu, the participation of the County and Runway Safe Inc. in this Agreement and the acquisition of any cornmercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County bo required tn contain any provision for waiver. 15) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'compensation, and other benefits which apply to the activity of officers, aQenta, 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 ufthe County. 16) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor ohmU it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |am/ except to the extent of actual and timely performance thereof by any participating endty, in which case the podbnnanoo may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is riot intended to, nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 17) Non-Reliance byNoo-Padiem. No person or entity shall be entitled to rely upon the terms, orany of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder. and the County and Runway Safe Inc. agree that neither the County nor Runway Safe Inc. nor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and opart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 18) Attestations. Runway Safe Inc, agrees to execute such documents um the County may reasonably oaquire, to include o Vendor Certification Regarding Scrutinized Companies, o Public Entity Crime Statement and on Ethics Statement. 19) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement o/ be subject to any personal liability or accountability by reason of the execution of this Agreement. 20) Execution |nCounterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such Counterpart. 21) Section Headings. Section headings have been inserted in this Agreement as o matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not bm used in the interpretation of any provision of this Agreement. 22) Mutual Review.This agreement has been carefully reviewed by Runway Safe Inc. and the County, therefore this agreement is not to be construed against either party on the basis of authorship. 23) Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Runway Safe Inc. shall dafmnd, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions Runway Safe mo roo6-ossoa4 oozo High Hill Road,Logan Township,wJoeoo5 ,^ww,v"w"ys»*+vm cx reumee of action, (ii) any UU8adon, administrative pnoceedingn, appellate proceedings, or other proceedings relating to any type of injury (including death), |oso, damage, fine. penalty or business interruption, and (ii!) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or vegu|sdimn, attorneys' fees and oomto, court ooeto. fines and penalties) that may be asserted agaioud, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any negligent acts or willful misconduct of Runway Safe Inc. or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, or(B) Runway Safe Inc.'s 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 ao|o negligent auto or omiaskona, including but not limited to improper maintenance of the system or runway and/or improper use or misuse of the system, of the County or any of its amployeaa, agents, contractors or invitees (other than Runway Safe Inc.). Insofar as the c|aims, odiono, causes of action, |iUgetion, poocoedingo, costs orexpenses relate boevents or circumstances that Occur during the haon of this Agreement, this section will survive the expiration of the term of this |eeno or any earlier termination of this Agreement. |nno event shall liability exceed the value of the contract. munwmy Safe Inc r**^-9,5-seew u:ne High Hill Road,Logan Township,wJon000 www.rutiwaysafe.com K Y � " To ensure registration of this Warranty, please return a signed copy to: Quality Assurance Manager Runway Safe Inc 2239 High Hill Road Logan Township, NJ 08085 Phone (856) 975-5854 Ext. 4427 Name (Please Print) of Client" �ize Repre tire: Richard Stri Island Signature: Date; Title:5entor Direct r of 6irports STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me,by means of 4physical presence or O online notarization,on ! 3 (date)by t b (name of aff ant . eiShe is p so ll o me or has produced (type of identi.fi ior) as ides f atit r . wrA "✓ AAA Note pulSWtc State of Florida My Comm, pirex so 8 7.2023 OTARY U LIC Bonded through National notary Assn, Signature: 4 — — Date: _.. Title: Countv Administrator STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me,by means of C. ph'ysical presence or 1 online notarizpn on (date) by Ka "lam & l ' (name of affirnt). 13e isoLal�l�n.o Ito ra le oim lies l�rc�dLiced (type of identification) as identification. ,µY LINDSEY BALLARD * wee MY COMMISSION#GG 970058 EXPIRES:July 8,2024 NOTARY PUBLIC `�«�;aw�!t°�,•� Bonded rnru t�kotesy PubNc undervvrlters . .,µ .,_ ._ ...... _ .. ._.. .._._.. . . ._. ......_.....r.... ... ..... .... .... ...... . w...m ....�..._._..._.m ._... T 856-975-5854 Runway Safe InC www.runwaysafe.com High Hill Road,Logan Township,NJ 08085 yy.runweysare.com W-01h 0 0 Im MMJ— GWAMILY S A F E =-=-=..........- CUSTOMER INFORMATION Customer- Naime Morti-oe Conn ly Board of Count �Cotiin�iissioii�ers Corporate/Headquarters: Street 1100 Simonton Street City, State,Zip Key West, Florida 33040 Telephone Number 305-393-7742 Fax Number 306-292-3578 Main Contact Name Richard Strickland Telephone Number 305-393-7742 Email Address Strickland-Richard@inonroeGOunty-fl.gov Delivery Information Delivery Location: Key West International Airport Street 3491 South Roosevelt Blvd. City, State,Zip Key West, Florida 33040 Telephone Number 305-797-2006 Contact at Delivery Location lg Bethel Invoice Recipient Contact Name Beth Leto Street 3491 South Roosevelt Blvd. City, State,Zip Key West, Florida 33040 Telephone Number 305-809-5239 Email Address Leto-Beth@monroecounty-fl.gov 54 ............ Runway Safe Inc T 856-975-5854 2239 High Hill Road,Logan Township,NJ 08085 www.runwaysafe.com PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1 I have read the above and state that neither ekA)�)�/ Zg-7(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 4" (Signature�---- Date: STATE OF: Alea) j ere COUNTY OF: L?�Ioacesl-, r Subscribed and sworn to (or affirmed) before me, by means of 123physical presence or 0 online notarization, P n (date) by die.itel (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. A NOTARY PUBLIC /My Commission Expires: A/1 / .2,0�2.5` AVA RUSS NOTARY PUBLIC State of Now Jersey Commission#50125621 it My Comm.Expires r.1.2025 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE e� (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage ift, or consideration paid to the former County officer or employee." ........... (gignature) Date: oc- STATE OF: &11A) COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online notarization, on IA.- -becelwLer (date) by I/e,, -Isk (name of affiant). He/She is personally known to me or has producedM df1*Ve r, (type of identification) as identification. �Iva NOTARY PUBLIC My Commission Expires: AVA RUSS =NOTARYPUBLIC SlatoofNewJemy :U Commission rd i ornn�ss on N 60125'521 10, Comm Ir omm E-Piros Apr.1,2026 DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 02/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maria Godfrey NAME: Foa&Son Insurance PHONEo I (516)228-1234 FAX (516)228-1235 A/C N Ext: AC,No 200 Broadhollow Rd. EMAIL Maria.Godfrey@foason.com ADDRESS: Suite 410 INSURER(S)AFFORDING COVERAGE NAIC# Melville NY 11747 INSURERA: Great Northern Ins.Company 20303 INSURED INSURER B: Hartford Insurance Co. Runway Safe Inc INSURER C: Federal Insurance Co. 20281 2239 High Hill Rd. INSURER D: ACE American Ins.Co. INSURER E: Logan Township NJ 08085 INSURER F COVERAGES CERTIFICATE NUMBER: CL226276415 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL 5U13H POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE CLAIMS-MADE x OCCUR -PRE MISESOEa oNc"once $ 2,000,000 MED EXP(Any one person) $ 10,000 A Y 99509279 05/31/2022 05/31/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: BI/PD $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 12UENGA7540 02/28/2022 02/28/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Underinsured motorist $ 1,000,000 UMBRELLA LIAB ��,,,u„ _'''IN—C ..... 8,000,000 OCCUR EACH OCCURRENCE $ C X EXCESS LIAB CLAIMS-MADE 78194194 05/31/2022 05/31/2023 AGGREGATE $ 8,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Pollution Liability Policy Limit 1,000,000 D PPL G72526041 001 05/31/2021 05/31/2024 Retention 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as additional insured with respects to the general liability and auto. A my . . �.,., 2 . 2 2 . 23DA fit_ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 11000 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ACC ' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) l" 12/13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements s . PRODUCER Keystone Risk Partners LLC CONTACT NAME: 604 East Baltimore Pike PHONE A/C,No,Ext:888-473-6398 FAX A/C No): Media, PA 19063 E-MAIL ADDRESS:Risk@ExtensisGroup.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Company of North 43575 INSURED INSURER B: Philadelphia Indemnity Insurance Company 18058 Extensis,Inc. L/C/F Runway Safe,Inc(Runway Safe, Inc) INSURER C: 900 US HWY 9 North,3rd Floor INSURER D: Woodbridge, NJ 07095 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSRD WVD POLICY NUMBER MM/DD MM/DD/YYYY LIMITS GENERAL LIABILITY Not Applicable EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES Ea occurrence CLAIMS MADE El OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY RO- LOC $ EC AUTOMOBILE LIABILITY Not Applicable COaMBIIdNeED SINGLE LIMIT $ (EaANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LIAB X OCCUR PHUB833392 09/30/2022 09/30/2023 EACH OCCURRENCE $ 10,000,000.00 B EXCESS LIAB CLAIMS MADE AGGREGATE $ 10,000,000.00 X DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY C51394112 09/30/2022 09/30/2023 X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000.00 OFFICER/MEMBER EXCLUDED? Y/N N/A (Mandatory in NH) ❑ E.L.DISEASE-EA EMPLOYEE $ 1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks,Schedule,if more space is required) Risk Approves J Flatt 12/27/22 CERTIFICATE HOLDER CANCELLATION 206408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOCC THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 SIMONTON ST AUTHORIZED REPRESENTATIVE Key West, FL 33040 Jay Peichel ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD