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1. 08/07/2023 Agreement_60% Design
Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contractwith. G&SAechanical Contract 9 Effective Date: Upon County execution 6n,ye6r after dbie of County,execution Expiration Date: Contract Purpose/Description: Oesigh seniices and,Mechanical submittals for BHS eq uipmerit on Outbound Baggage Handliq System it the Key West International Airport(drawings to 60%design)per attachment a attached to the agreement. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Beth Leto 523* KW, 1A-Stop #5 Cjjame� (LxtJ Mggartment/Stog CONTRACT COSTS Total Dollar Value of Contract: $ 86,980,00 Current Year Portion: $ -0� (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the go��fl cuwuk e wr�wuw E'd00,0'h,'h 00 or Budgeted? YesFm-1 No F-1 Grant: $ County Match: $ Fund/Cost Center/Spend Category: 404-83,020,8''(EYW',Essential Equipment FOOT Grant OW31), ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES *NO El CONTRACT REVIEW Reviewer Date In Department Head Signature: Richard Strickland County Attorney Signature: Risk Management Signature: Dtally signed by Lisa Albr- Purchasing Signature: Lisa Abreu Date 2023 08 03 09 17 37-04'00' Digitally signed by John Cuinn OMB Signature: John Quinn Date 2023 08 03 la 17 44-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 MONROE COUNTY G&S MECHANICAL USA INC. EYW OUTBOUND BAGGAGGE HANDLING SYSTEM DESIGN AGREEMENT KEY WEST INTERNATIONAL AIRPORT THIS AGREEMENT ("Agreement") is made and entered into this 7th day of -Auguat 2023 by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 and G & S MECHANICAL USA, INC. ("CONTRACTOR"), whose address is 3409 West Harry Street, Wichita, Kansas 6721333014. W ITNES SETH. WHEREAS,the COUNTY is engaged in the construction of a new concourse as part of a larger terminal improvements project; and WHEREAS,new concourse and terminal improvements project will require modifications to the baggage handling system; and WHEREAS,the baggage handling system at Key Wet International Airport(KWIA)was installed by the CONTRACTOR and thereafter upgraded pursuant to the EYW Baggage Conveyor System Upgrade Agreement entered into on the 17th day of July 2019; and, WHEREAS, CONTRACTOR's baggage handling system contains proprietary software and hardware components; and WHEREAS, to ensure that the required design modifications will integrate with and function with the existing baggage system the COUNTY desires to employ the services of CONTRACTOR on a sole source basis to design the outbound baggage handling system at Key West International Airport; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing: concepts, construction drawings and mechanical and electrical submittals. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR's duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project and to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and the performance of those directly under its employ. 1.1.5 The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color,national origin,sex,age,or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II TERM/SCOPE OF BASIC SERVICES 2.1 TERM The term of this Agreement shall be one year beginning on the 7th day of August 2023 and terminating on the 7th day of August , 2024. 2.2 DEFINITION The CONTRACTOR's Scope of Basic Services consist of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.3 CORRECTION OF ERRORS, OMISSIONS,DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subcontractors, or both. 2.4 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Richard Strickland Executive Director of Airports 3491 South Roosevelt Blvd. Key West, FL 33040 And: Monroe County Attorney's Office 1111 121" Street, Suite 408 Key West, Florida 33040 For the Contractor: G&S Mechanical USA Inc. Attn: Chad Buffam 3409 West Harry Street Wichita, Kansas 67213 Notice is deemed received by the CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including the physical location of work. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR's services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3, 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR's services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR to which the COUNTY has immediate access will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to,reasonable attorneys' fees,to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 5.2 Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that it shall hold the COUNTY harmless and shall indemnify the COUNTY from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONTRACTOR,the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI COMPENSATION 6.1 PAYMENT SUM 6.1.1 The COUNTY shall pay the CONTRACTOR monthly in current funds for the CONTRACTOR's performance of this Agreement a lump-sum total of Eighty-Six Thousand,Nine-Hundred Eighty and 00/100 dollars($86,980.00)based on the proposal outlined in Attachment A. 6.2 PAYMENTS 6.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. (A) If the CONTRACTOR's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder.The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. (C) The CONTRACTOR shall submit to the COUNTY invoices with supporting documentation that are acceptable to the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk").Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. 6.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. 6.4.1 BUDGET 6.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - September 30) by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 6.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VII INSURANCE 7.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VII or better, that is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 7.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$100,000 per Accident,$500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations,and owned,hired or non- owned vehicles, with $100,000 per occurrence, $50,000 per person, and $25,000 property damage, or$100,000 Combined Single Limit. D. Commercial General Liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the acceptance of work by the COUNTY. E. Professional Liability insurance of $300,000 per occurrence and $500,000 annual aggregate. If coverage is provided on a claims made basis,an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONTRACTOR shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONTRACTOR arising out of work governed by this contract. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its sub-contractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR, if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE VIII MISCELLANEOUS 8.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 8.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 8.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary.This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 8.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 8.5 TERMINATION The Contract may be terminated by the Owner as follows: A. Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR,the COUNTY shall pay the CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. B. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, the COUNTY shall pay the CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.6 MAINTENANCE OF RECORDS The CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten(10)years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or County Clerk determines that monies paid to the CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by COUNTY or the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by COUNTY's representative and/or agents of the County Clerk. COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or County Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Statutes running from the date the monies were paid to the CONTRACTOR.The right to audit provisions survive the termination or expiration of this Agreement. 8.7 GOVERNING LAW,VENUE, 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 8.8 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8.9 ATTORNEY'S FEES AND COSTS The COUNTY and the CONTRACTOR agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 8.10 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONTRACTOR and their respective legal representatives, successors, and assigns. 8.11 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 8.12 CLAIMS FOR FEDERAL OR STATE AID The CONTRACTOR and the COUNTY agree that each shall be, and is, empowered to apply for, seek,and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 8.13 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or cancellation. 8.14 COOPERATION In the event that any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the CONTRACTOR agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The COUNTY and the CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 8.15 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352),which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12 10 1,Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement,the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.339),as amended by Executive Order 11375,Amending Executive Order 11246Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix I1,¶C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR 's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any said rules,regulations,or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontractor or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 8.16 COVENANT OF NO INTEREST The CONTRACTOR and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 8.17 CODE OF ETHICS The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 8.18 NO SOLICITATION/PAYMENT The CONTRACTOR and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision,the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 8.19 PUBLIC ACCESS. The CONTRACTOR and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,and made or received by the CONTRACTOR and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONTRACTOR. Public Records Compliance. The CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida.The COUNTY and the CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and the CONTRACTOR in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY,but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE#305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 8.20 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes,the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 8.21 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and-pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents,volunteers,or employees outside the territorial limits of the COUNTY. 8.22 LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 8.23 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 8.24 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 8.25 ATTESTATIONS The CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Vendor Certification Regarding Scrutinized Businesses. 8.26 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 8.27 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 8.28 DISADVANTAGED BUSINESS ENTERPRISE (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 the 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, and 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 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 econornicall 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 rcc uirCinent Permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance,as anprO ram ,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's are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. 8.29 AGREEMENTS WITH SUB CONTRACTORS In the event that the CONTRACTOR subcontracts any or all of the work in this project to any third party, the CONTRACTOR specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the COUNTY. In addition, the CONTRACTOR specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. 8.30 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with,or subconstruct with an unauthorized alien. The CONTRACTOR shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 8.31 ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings,oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners and signed by both parties before it becomes effective. 8.32 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R Part 200, as amended, including but not limited to: 8.32.1 Clean Air Act '42 U.S.0 7401-7671c . and the Federal Water pollution Control Act '33 U S C 12 11�-mm13 7). 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 these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The CONTRACTOR agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 8.32.2 Davis-Bacon Act as amended J40 U.S.C. 3 14.1-;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. Part 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 FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and 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. 8.32.3 Contract Work Hours and Safety Standards Act 40 U&C. 3701-371�8� Where applicable, which includes all FEMA grant and cooperative agreement programs,all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or 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 (b)(1) of this section, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to 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 (b)(1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (b)(1) of this section. (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 CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same 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 (b)(2) of this section. (4) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 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. 8.32.4 Rights to Inventions Made thider a Contract or A,Xrecment. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 8.32.5 Debarment and Suspension Executive Orders 12549 �a d 1.2689). A contract award under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. 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 www,.,sa,m.goV. 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. 8.32.6 Byrd Anti-Lobbying Amendment 31 " U.S.C. 1.352). 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 $100,000.00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 8.32.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency(EPA at 40 CPR part 247 that contain the highest percentage of recovered materials 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 website, 1 �s;J'J^avwvr.e a, y��v�sr��rt°�'°c�.ain;�r•eh�n�Iw �p1w�l�.����i��+�A1t.gtl��(���lt 1� -�ra:�pa.a���. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 8.32.8 Prohibition on certain telecommunications and video survei l ltuice services or eQ u i meat as set forth in 2 Cl`'R 200.2 N 6. 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 (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. 8.32.9 Domestic Preference for Procurements as set forth in_Z_LER_$ 0.322 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. 8.33 MUTUAL REVIEW This agreement has been carefully, reviewed by CONTRACTOR and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. IN WITNESS WHEREOF, each party has caused this tA—Anmdrnr"nm-t+�� Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTFST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA �100,7�2023 By By C I ty Deputy Clerk n Adn�in�ivato, Pedro Mercado advised that the last paragraph should read: G&S EC AI L USA, INC. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative. 08/14/2023 PGH Sig2natur of person authorized to legally bind Corporation 2 '2 NROE COUNTY ATTORNEY ArAOVE FORIA I ASSI NTY ATTORNEY ® 7/21/23 — ATTACHMENT A rim June 1,2023 Mr.Tyler Bethel Key West international Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 305-797-2006 mobile 305-909-5214 office Bethlei-T leis ,onr coup -fl. v Subject: BHS Design Proposal for Key West International Airport Outbound BHS G&S Airport Conveyor is pleased to present this Design Proposal to Key West International Airport for the additions to the Outbound Baggage Handling System at Key West International Airport. Basic Scope Overview for Project The Design Scope of work shall include: Design services&mechanical submittals for BHS equipment on Outbound Baggage Handling System. (Drawings to be brought to 60% Design) • Design services&electrical submittals for BHS controls equipment on Outbound Baggage Handling System. (Drawings to be brought to 60% Design) (1)-(2) Engineering site-visits to review site conditions and conduct measurements Design Criteria All G&S Airport Conveyor materials and components are selected to exceed the specified load and speed requirements of typical airport baggage handling specifications. Warranty G&S Airport Conveyor specifies a standard warranty period of 1-year parts and labor for components that are part of the delivered systems.This period will begin after the acceptance test, latest 3 months after the delivery of each system. Estimated Equipment Schedule for Design Conveyor ID Conveyor Type Length in Motor Quantity Feet 082-21 90 Degree Spiral Curve 9 1 OB2-22 Queue 8 1 0112-23 General Trans ort 31 1 OB2-24 General Transport 30 1 082-25 45 De ree Power Curve 5 1 082-26 45 Degree Spiral Power Curve 5 1 Specialising in Baggage Handling Solutions through Design, Manufacture.Installation and After Markel Service U.S.Corporate Office: Phone: 403-230-1140 Caoadlao Corporate Office: 3409 West Harry Fax: 403-293-9774 50 Slater Road Wichita,Kansas Email:info@gsairportconveyor com Strathmore,Alberta 67213 Web Site: www SsaiMortconveyor.com TIP ID ............ ............. 002-2.2 General Transport 30 1 OB2-28 General Transport__ 53 1 OB2-29 45 Degree Power Curve 5 1 OB2-30 General Transport 15 1 082-31 45 Degree Power Curve 5 1 OB2-32 General Transport 40 1 082A-HSD High Speed Diverter 10 1 OB2A-01 General Transport__ 20 1 OB2A-02 90 Degree Power Curve 9 1 082A-03 General Transport 20 1 NM2w�., � Clate 12 ,;; 2 0 Hi, r // , ',;� � 'F ;; ����///%%%�i��l��f���/i''ft�tlf% U)NNO111° i �✓ Iola r r „ o /i of ,r J o�/ Design Contract Pricing Schedule Item ,. Price 60%Engineering,Design Submittals(Mechanical&Electrical). Drawings $86,980.00 to be brought to 60%design Sales Tax&Bonding Extra Total Price TBD. Validity This proposal is for budgetary purposes only and is not binding until all technical and commercial details have been clarified and any necessary amendments have been made. Notes and Exceptions: o Pricing is in US Dollars of Sales Tax& Bonding is Extra General Contracting work such as hole openings, utility relocations,floor repair, building modifications and concrete work pads is assumed to be by others Pricing is for Outbound Baggage Handling System design only. Supply and Install of BHS to be quoted in a separate proposal. Catwalk is not included in budgetary pricing but available upon request. * 100% Design Submittals to be quoted in a separate proposal and is not included in this pricing. Specializing in Baggage Handling Solutions through Design,Manufacture,Installation and After Marine Service U.S.Corporate office: Phone: 403-230-1140 Canadian Corporate Ofiee: 3409 West Barry Fax: 403-293-9774 SO Slater Road Wichita,Kansas Email:info@gsairponconveyor,com Strathmore,Alberta 67213 Web Site: wwwgsairportconveyor.com TIPiJ3 CI& Thank you for the opportunity to deliver this BHS design quotation. I look forward to further discussions on this project. If you have any questions, please call me at 888-328-8826. Best regards, Tim Buffam G&S Airport Conveyor Specializing in Baggage Handling Solutions through Design,Manufacture,Installation and After Market Service U.S.Corporate Office: Phone: 403-230-1140 Canadian Corporate Office: 3409 West Harry Fax: 403-293-9774 SO Slater Road Wichita,Kansas Email:ini`i7 gsairponconveyor.com Strathmore,Alberta 67213 Web Site: www.Qsaigortconveyor,corn TIP IJ3 C 9ci-=S� June 2,2023 Mr.Tyler Bethel Key West International Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 30S-797-2006 mobile 305-809-5214 office h l'-T ter mo r o n -fl. v Subject:Modifications to the existing Outbound Baggage Handling System at Key West International Airport Mr. Bethel, Due to the nature of the proposed modifications to the existing Baggage Handling System (provided by G&S Airport Conveyor in 2009),the current motor control panel requires proprietary hardware and software changes to suit the proposed configuration. In addition,the as-built drawings of the mechanical and electrical layouts are security sensitive information and should be kept in reasonable confidence. If you have any questions or concerns regarding this matter, please do not hesitate to contact me at 888.328.8826. Regards, Chad Buffam General Manager G and S Mechanical USA Inc. dba G&S Airport Conveyor Specialising in Baggage Handling Solutions through Design,Manufacture,Installation and,4f?er Market Service U.S.Corporate Met: Pbone: 403-230-1140 Canadia 11 n Corporate Office: 3409 West Harry Fax: 403-293-9774 50 Slater Road Wichita,Kansas Email:info®gsairponconveyorcom Strathmore,Alberta 67213 Web Site: www,gsairportconveyor,com TIP 113 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE G and S Mechanical USA, Inc. (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, gift, or consideration paid to the former County officer or employee." (Signature) Date: July 11th, 2023 STATE OF: AB COUNTY OF: Wheatland Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on July 11th, 2023 (date) by Chad Buffam (name of affiant). He/She is ,personally known to me or has produced (type of identification) as identification. jtjj,)l 111 A.YOUNG (:ornrnisstonerfor Oaths TA' Y PUBUC Mn and for 9ie Provinou of Nberto y Comrrission axpdr 4 00 I, My Commission Expires: 1, - 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." I have read the above and state that neither G and S Mechanical USA, Inc. (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Si tur r Date: July 11 h 2023 STATE OF: AB COUNTY OF: , �Iheatland Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or ❑ online notarization, on JAy 11th, 2023 (date) by Qhad Buffam (name of affiant). He/She isrnally known to me or has produced (type of identification) as identification. ,bt N0V TH A.YOUNG NOT Y PU I C A ornrlws Honer for Oath in and for IN Provoce of Nberta my a)rrsr imN oiro Expires DOO. w,, la Commission Expires: ot , t., 7 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): EYW Outbound Baggage Handling System Design Respondent Vendor Name: m Gormand S Mechanical USA Inc. Vendor FEIN: 48-1161251 Vendor's Authorized Representative Name and Title: Chad Buffam,, Director mmm mmm mmm m Address: 3409 West Harm St. ..� .. City: Wichita State: KS _ Zip:..6.72.1.3................................................... Phone Number: Email Address: heather.,culshaw i4sair'. !KQp.vgyffiq�m�,l�rmmmmmmmmmmmm,m,� Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By:CbamdmB.Uffarn ,who is authorized Authorized Signature:, to sign on behalf of thetbov �una �or� y Print Name: Chad Buffam .. Title:_pkQctor Note: The List are available at the following Department of Management Services Site: htto://www.dms.myflori.da.com/business o e„rations/,statm Vendor information/convicted sus p e urchasmg/ven mmmmmm „ . .. paended discriminatory complaints.vendor lists CERTIFICATE OF INSURANCE ISSUE 23/07/Y/MM/DD) 23/07/24 BROKER This certificate is issued as a matter of information onlyand confers Wilson M. Beck Insurance Services(Victoria) Inc. no rights upon the certificate holder.This certificate does not amend, #350 4396 West Saanich Road Victoria BC V8Z 3E9 extend or alter the coverage afforded bythe policies below. COMPANY Federal Insurance Company A INSURED'S FULL NAME AND MAILING ADDRESS COMPANY G&S Mechanical USA, Inc. B 3409 West Harry Street, COMPANY Wichita, KS 67213 C COMPANY D COMPANY E COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated,notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain.The insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies.Limits shown may have been reduced by paid claims. TYPE OF INSURANCE CO POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS OF LIABILITY LTR DATE(YY/MM/DD) DATE(YY/MM/DD) (Canadian dollars unless indicated otherwise) COMMERCIAL GENERAL LIABILITY A Policy No.99508397 23/02/28 24/02/28 Per Occurrence 2,000,000 USD Primary Non-Contributory Clause AM Best:A++ Aggregate Limit 2,000,000 USD Occurrence Basis AM Best:002085 NAIC:20303 Products—Comp/Op Agg 2,000,000 USD Personal Injury Agg 2,000,000 USD Advertising Injury Agg 2,000,000 USD Tenant's Legal Liability 1,000,000 USD Medical Expenses Limit 10,000 USD 1 By ,�77M,� 8 2.23 DAT DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS/ADDITIONAL INSURED Reference:All Operations of the Named Insured as Described in the Policy Declarations. It is hereby understood and agreed that the Certificate Holder is added as Additional Insured to the Commercial General Liability Coverage Policy but only with respect to liability arising out of the Named Insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL Monroe Count BOCC SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY Y KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1100 Simonton St., Key West FL 33040 AUTHORIZED REPRESENTATIVE ,9 Client#: 1266945 GSMEC DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 1 7/27/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rheba Baldwin NAME: USI Insurance Services LLC PHONE 602.666.4853 FAX A/C,No,Ext: (A/C,No): 2375 E. Camelback Rd,Suite 250 E-MAIL ADDRESS: Rheba.Baldwin@usi.com Phoenix,AZ 85016 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Cas.Co.of America 25674 INSURED INSURER B: Lloyd's of London SURPLU G&S Mechanical USA Inc. Travelers Indemnity Co of America 25666 INSURER C: Y 3409 W Harry St INSURER D Wichita, KS 67213 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 NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISESOEa occurDrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- PRODUCTS-COMP/OP AGG $ POLICY PRO-JECT LOC OTHER: $ C AUTOMOBILE LIABILITY X X BA6N396236 10/01/2022 10/01/202 (CEO Ma BINED identS INGLE LIMIT $1 e 000e 000 cc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ A UMBRELLA LAB X OCCUR EX8N968484 10/01/2022 10/01/202 EACH OCCURRENCE s5,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X UB6J622054 10/01/2022 10/01/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Installation 630507OM206 10/01/2022 10/01/2023 $350,000 Limit Floater $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Installation Floater Coverages: At any installation premises or temporary storage premises: $350,000 f At any other not owned, leased, or regularly operated premises: $25,000 j6y Personal property in transit: $350,000 6Y_ Deductible: $1,000 DAB -23 (See Attached Descriptions) wAW KA7 CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE �• ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S40963347/M37331724 SBAZR 78/1/2023 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT IMA Select LLC PHONE IMA Wichita Team FAX 14221 Dallas Parkway A/c No Ext: 316-267-9221 A/c,No): Suite 700 ADDRESS: certs@imacorp.com Dallas TX 75254 INSURER(S)AFFORDING COVERAGE NAIC# License#:PC-1115916 INSURERA: Underwriters at Lloyd's, London 15642 INSURED GANDSME-01 INSURER B: G and S Mechanical USA, Inc. 3409 West Harry St. INsuRERc: Wichita KS 67213 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:283427848 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAM AGETORENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS 1'ErX HIRED NON-OWNED 1 ) PROPERTY DAMAGE AUTOS ONLY AUTOS ONLYi, l „._......�. Per accident $ �. Diu 8 2,23_ ,,... UMBRELLA LAB OCCUR wl� X —, EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability B123022PRO1391 1/12/2023 1/12/2024 See Below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Professional Liability:$2,000,000 Per Claim;$2,000,000 Aggregate;$25,000 Retention; Retroactive Date 1/12/2023. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St. AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DESCRIPTIONS (Continued from Page 1) RE:Various Jobs and Projects SAGITTA 25.3(2016/03) 2 of 2 #S40963347/M37331724 POLICY NUMBER: BA6N396236 COMMERCIAL AU EO ❑❑I❑EN❑OR❑EMEN❑ C❑AN❑E❑ ❑❑E POLICY❑PLEA❑E REA❑ I❑CARE❑ULLY❑ BU❑INE❑❑ AU❑O E❑ ❑EN❑ION EN❑OR❑EMEN❑ -1 eEdorEemeE❑modifie1:i-iuF1 re CroEidedaEder Ee 9110 -i= BU❑INE-AU-O CO❑ERASE ❑ORM ❑ENERAL -E]CRIP❑ION O_ CO❑ERA❑E - -s eCdorCeme=broCde=coCerF1c❑❑o❑eCerCcoCerFe -or =y i_ury-dfrn❑ e or medic❑ e❑-ewe❑deCeribed i Ty o-_e :To3:io❑❑o =i- eCdorCeme❑-m y be eCeluded or limi-ed by F1 oEcr eEdorEeme=9 -e CoEerF1 c PCr==d -eCe coEerF] f- broEdeEi=EroEiEroECdo -o- --Ay -e e E:le= co Eer❑ e i e Ecluded or limi-ed by Euc❑- e Edor Eeme=__e _ollo-i- li s— i ❑Ee Eer❑co Eer- ❑ e de Seri Eio❑o 1y Limi=ib E=7=d e Eclu Cio=m y ❑Ily 9 ❑e Ee co Eer❑=e EERe Ed :11 _e :To 3:io❑❑o_=i e Q dor feme==d -e re❑-o-your -olicy c:te Willy 9 de Eermi Ee ri E du Cie FFT_Fd _--i-::Ed i-_o-co Eered A BROA_ DORM NAME-IN URE- __ ARE AU-O P_Y_JCAL -AMA_E LO❑❑0E B BLAN_E- AI-IONALINURE UE INCREAE LIMI I- P Y_JCAL -AMA-E -' ❑RAN-'OR❑A❑ION C❑ EMPLOYEE -IRE- AU-0 E❑PENE-❑INCREA E - LIMI - EMPLOYEE-A- IN❑URE❑ PER❑ONAL PROPER❑Y E- UPPLEMEN-ARY PAYMEN-_ -' INCREAE- AIRBA❑❑ LIMI L NO-ICE AN-' NO- LE__E O-' ACCI EN OR -E -IRE- AU-0 LIMI-E_ - ORL_-I-E CO LO❑❑ ERA-E IN EMNI YBA-1 M-' BLAN-E_ -AI-ER O_ �:JBRO❑A❑ION -_ -Al-ER 0- _E-UC-IBLE _ ❑LA— N-' UNIN-ENAONAL ERROR❑OR OMI❑ElON❑ PRO❑I=10N❑ A- BROA_ -ORM NAME-INURE- =i i❑urQ re die❑ A o1y 9 _e eEe=❑EL -_e -ollo-i- i- Edded 9 PITEEr=A❑ E Co I ErEo❑ or orFT-Fimio❑EuaiTeE= T "iZ hired" A I❑-rredEb_EC❑ION II CO❑ERE❑ AU❑O❑ uEder _e _o I-A I❑bred EroCtCio❑coFTT-1Eed LIABILI-Y CO❑ERA-E: i Eecfio❑II❑ A y or❑ Sib❑you -e-ly EcEuire or -orm dur C-' EMPLOYEE -IRE AU-0 i- _e -olicy Ecriod oEer -sc you mJZIl❑ _ __e -olio-i- i Edded 9 PErEEr= A❑IIL or more o❑Eer-r❑iEEereQ==d i- :b❑ C Eo I❑A- IEirred❑o_ EC❑ION II CO_- EeELr [ely iEEured 9r BuEi°Ce=Aug Co❑erEE❑ ERE- AU O - LIABILI_YCO❑ERA❑E: Cofer❑ e uEder =i_ :to3:io❑i- QTrded o1y u❑❑ A "emAoyee" oyouur❑i_ "i❑fired" _31e A -e ❑❑=d y Der you Ec Euire or sjrm -e or o fcr-iCC - "_u W 3red or re Cad a Eder ❑ E=i—o❑or -e esl o _e -olicy :briodE-3cE=7 co❑rEc❑ or Q-reemeQ= i_ - "emAoyee P efer i-e11lier❑ ❑-me❑-i your ❑emni Elio=-sle Eer:brmi-❑=7 dudbErelEed 9 -e coEduc❑o your bud::] B-' BLAN_E- AI-IONALINURE- Ee= -_e -ollo-i— i Edded 9 PEr❑-r=c❑i A❑IIL 2_ -_e -olio-i- reE1Ece❑PErEEi7=b❑i_ B❑= Eo I❑A- IEuredCb_EC❑ION II -' CO-ERE- OFer I❑-urF_Fce❑o_ EC❑ION I- _ BU-1- AU-O- LIABILI YCO❑ERA-E: NE=AU❑OCON I-ION A y EerCoEor or-EII—oE -_o i-reEuired uEder b❑ or -fired Aug P❑yfic❑ ❑Em❑ c Cofer- ❑ri Ee❑co EErfc Eor EEreeme Q=be❑=ee❑you EEd F-1-c-E-e -olio_i- Ere deemed 9 be co E&Eo❑ or or_FT_i=::ioE=7 i fi❑-ed EEd ered "EuEci1:7you o e Eecu Eed by you be fore -e "bodily i fury" or — A y co(ered "_u W you le❑-e E ire "EroEerfy dEmF1c" occur❑ A i- i e=&c❑ re--or borro❑❑❑ d duri E=7 -e -olicy :briod❑9 be ELmed =- ::Idi❑ 2- A y co(ered "_u W 3red or re❑:dd by ioA i❑ired i — "i=hired" -or Cored Auk::] your "emdoyee" uEder ❑ co�rEc❑i❑ Li:bili y CoEerC emu-oly 9r dfrnFl-c-C9 3c❑ _ "emdoyeell:7 ❑Eme❑ -i your CA 3 3 -2 ❑- -2S _e _rSeler^Islem::i�y Com-'Sy_lllri-Sre_er_ed❑ PQ e -oE I-elude-co yri -edmSeri7o-I_ irSce -er::ice-0=ice:ls_-i-i--ermiSio COMMERCIAL AU EO You EE ree b m 1 E❑i❑ :11 re Cuired or 2- I or o your co Wired comCulCory i❑iu❑ re i_ y Cuc❑ cou= -:i coCer❑ e FFT-1 ie❑o1y i_ _e eCe=,o_❑Eom ry u b _e mi3mum limi re:bired by -e-o-your co Wired loci 1 Your ❑ilure b com Ay i A IRB com Eul Cory i❑-ur-be re Euireme C- ill co deduc table C y b - Per Co m Pro Eery -o- i=:Iid=d _e coCerF] e Ts❑ rded by A c❑ �- -olicy-bu ❑e -ill o1y be li-ble b � IRB ❑❑ EEme eEe=Ee -ould EEEc bee❑ liEble -_e 911o_i- i- Cdded 9 PCrEr=B3FFF❑clu❑ =d you comAied _i- _e com:bEbry i= Co=o_ EC❑ION III P_Y_ICAL -AMA-E Cur❑-ce re3iiremeFTT_F CO❑ERA❑E: A- I-i-u Eder Q-ood ❑e Cre _o - ::dmi❑ ECcluCio❑3=doe❑_o_ -1y 9 "low' 9 o_e or -ed or Cu-oTiCed i❑urer ouTrde -e more Crrb=i- ❑coCered"_tb" you o-'- 'i- UCiCed ❑fie❑ o Americ=i- Cerri brie❑ I-e due b CcCuCe o-er ❑cCuCe o_"lo - _d Eo❑e-io CCI=Puer b Rico =d C= _e -or i P Cr EEr=%T A❑7b❑ =d A❑Lc=bu Ed CC-e E-tme _o re=6❑ibili S -or Te o Ay: :iir3❑3= o cerTliicElb❑o i❑urF1 ce❑or I "_u9" i ❑co❑cred"1r9" -or Commie❑ -or com Eli❑ re i- y --y -i _e 1-❑ EeEdEe Cofer❑ c u❑der =i :blicy o-o❑brcou❑rie❑rely❑❑9 i❑hr❑=ce❑ b❑ -_e Grb=Cre -o-coCcred u❑der y -Cr- -_ -AI ER 0- E UC IBLE ❑LA❑❑ rEEFy E::Ed -_e bllo-i- i Cdded b PCrE[:-r= -❑ ❑educTE cC -_e Crrb=Eere _o_i❑d:dbZlly i❑I❑bd❑ ble❑o_ EC❑ION III P-Y_ICAL -AMA-E e -ill -y u b CmEr mum o- ❑FFF❑ -or E1:y CO❑ERA❑E: o_e "lo-1❑ No deducible -or ❑ coEered "_ub" -ill __Ay b L NO-ICE AN- _-NO- LE_-E 0- ACCI-EN-OR ❑=dCm❑-e i-_e ❑=i-re2rred rCzer FFTT- LO❑❑ reQCced❑ -_e bllo i- i Cdded b PCrE[:r= A2=o❑ -_ -IRE_ AU-0 P-Y <CAL -AMA_E LO❑❑0E EC❑ION I_ BU�:TNE❑❑AU❑O CON-I_ION_: UE 'INCREAF- LIMI Your du 9 1_e u-or our DuEoriCedreCreCe FTFF -_e bllo-i-- reQEce❑-e 1— CeECeEee o-PCr= i-e :Tom❑❑::b ce o_ _e ":bcide= or "low' Cr=AFFThFFI,o= O UCe E❑ cFemo_ ❑EC❑ lie o1y ❑:b❑ _e ":bcide= or "low' i_ Zb-❑ -ION III P Y <CAL AMA E CO❑ERA❑E: b: Eo❑e:br❑-e moQ=❑e -.ill -y -or y e❑-cue❑ You -you Ere i::di3du:]= -or to o-uEb i -6 -er d-y b ❑mEEimumo❑ I- A E:Er-cr -you Ere ❑E:[:-r❑-er❑ = CTT-Fs>r y o cide❑ ❑ -c A member -you Ere Climi-ed li-biliy com I- P-Y <CAL -AMA-E ❑RAN-'OR❑A❑ION ==y- E❑PEN ❑-INCREA-E LIMI A- A e:bcurC:b oTicer❑direcbr or i❑&Fl-ce -_e bllo-i-- reElEce❑_e it CeTcEee i PCrC mC-Ler you Cie ❑corCorEdbEor oTcror- Ef A ❑rforRio❑ E❑-e—em o❑ =-=10-Dor EC❑ION III P_Y_ICAL AMA-E CO-ER- -e- A y "emAoyee" Ar❑bri:bd by you 9 1� 3�❑ A E: ice o _e ":bcide=or "lo-' e -ill -y u b — -er d-y b ❑mEEimum o❑ M BLAN_E_ -AI-ER O_ �:JBRO❑A❑ION -❑TTl -or bm::br3y r=❑brsio❑ e❑Eb❑� i= =-_e 911o_i- reQEce❑PCrEEr= A❑71L r r curred by you bee EuEb o__e bA _e- o-❑co CC O Ri 0 Reco❑cry AEi=O-er❑ ❑o U= ered "_t b" o__e Eri�e Cie❑-er Cy Ee❑ o_ -EC❑I ON I_ B U_INE_- AU-0 CON I- PER❑ONAL PROPER❑Y ❑ION❑ -_e bllo-i- i Edded b PITCI-r= A=Co Der- - Cr r O Ri O Reco❑cry AEi= EFe❑CioC=o EC❑ION III P❑Y_ICAL on ❑o U❑ -AMA-ECO-ERA-E: e E1:b y ri=o-recoCery ❑em_y CE❑e Per Cbm ProCbrCy FFF,=y EerCo❑or or_=iSio❑ b _e eCC re Cuired o you by ❑ Cri-e C co❑rEe e -ill -y u b C� br "lo- b ❑e Cri CZ Er❑-ed -d e Eecu Eed -rior b y ":bcide= ECreI -d oTer EerCom EroEerCy -.sc- i:] or "lo-_ :To3ded s _e ":bcide= or "lo -„ Z 0 E:bd by - "i❑[itred"❑E d Cri Ce❑ ou o o:br=io EE co=[dmA=dd by CA 3 3 -2 ❑- -2Z_ __e -rSeler^Islem::i�y Com_=y_lllri-Sre_er_ed❑ PFc 3 oE I-elude-co yri -edmSeri7o-I_ ir=ce -er::ice-0=ice:ls_-i-i--ermi=io TRAVELERS J� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB-6J622054-22-14-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: 08-16-22 STASSIGN: PAGE 1 OF1 _TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: UB-6J622054-22-14-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR SWITCHGEAR AND SWITCHBOARD APPARATUS WHICH THE INSURED HAS AGREED MANUFACTURING BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 08-16-22 STASSIGN: Page 1 of 1 WORKERS COMPENSATION TRAVELERS Jam' AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 J9 (00) - 001 POLICY NUMBER: UB-6J622054-22-14-G KANSAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Kansas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us, and 1. Such written contract is not a construction contract subject to the Kansas Fairness in Private Construction Contract Act (Kan. Stat. Sections 16-1801 through 16-1807) or the Kansas Fairness in Public Construction Con- tract Act (Kan. Stat. Sections 16-1901 through 16-1908), or any amendments to those laws; or 2. This policy is part of a consolidated or wrap-up insurance program. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to issuance of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE 08-16-22 STASSIGN Page of 1 ©Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. TRAVELERS JW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 42 03 04( B) — 001 POLICY NUMBER: UB-6J622054-22-14-G TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1• ❑ Specific Waiver ❑X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.. 4, Advance Premium: $SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 08-16-22 STASSIGN: Page 1 of 1 ©Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. TRAVELERS JW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 43 03 05 (00) - 001 POLICY NUMBER: UB-6J622054-22-14-G UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Designated Person: Designated Organization: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 DATE OF ISSUE: 08-16-22 STASSIGN: PAGE 1 OF1 This page has been left blank intentionally.