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11/08/2023 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 27, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: November 8, 2023 BOCC Meeting The following item has been executed and added to the record: F8 Agreement with Daikin Applied Americas Inc. ("Daikin Applied") to replace four (4) Air Handlers at the Stock Island Detention Center and two (2) Chillers at the Department of Juvenile Justice Building on Stock Island in the total amount of$908,241.44 utilizing an original contract through OMNIA Partners cooperative purchasing program with Cooperative Purchasing Contract Number R200401 between the Board of Directors of Region 4 Education Service Center (ESC) in Texas and Daikin Applied Americas Inc. effective October 1, 2020, with a renewed termination date of September 30, 2025. Facilities Maintenance Dept. will be utilizing this contract for the purchase with funding from America Rescue Plan Act sources. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A Cont„ra„c„t„or Agreement 111 This CONTRACTOR AGREEMENT ("Agreement"), effective as of November 8, 2023 ("Effective Date"), is made and entered into by and between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, (hereinafter "Owner" or "County"), and DAIKIN APPLIED AMERICAS INC., a Foreign for Profit Corporation whose authorized to do business in the State of Florida, whose principal address is 13600 Industrial Park Blvd., Minneapolis, MN 55441, but whose address for purposes of this Contractor Agreement is 15712 SW 41 st Street, Suite 6, Davie, FL 33331, (hereinafter "Daikin Applied" or "Contractor"). WHEREAS, the County has certain equipment that has outlived its lifespan and it now desires to replace it with four (4) new air handlers at the Monroe County Detention Center at 5501 College Road, (hereinafter "Detention Center") and two (2) new chillers at the Department of Juvenile Justice Building at 5503 College Road, (hereinafter "DJJ Building") with both properties located on Stock Island in Key West, Florida 33040; and WHEREAS, Contractor is in the business of providing equipment, labor and/or material, which may involve subcontracting with a third party ("Subcontractors")to provide labor and material, to perform the scope of work described in Quote No. Q-28985, dated October 5, 2023, for the air handlers and Quote No. Q-27285, dated September 18, 2023, for the chillers, both of which are attached hereto as Exhibits "A" and "B" respectively, and made a part of this Contractor Agreement, ("Work"); and WHEREAS, Contractor has offered to perform the Work for Owner with respect to the properties located at the Detention Center and the DJJ Building in Key West, Florida, (hereinafter "Property"); and WHEREAS, this Contractor Agreement will be utilizing cooperative purchasing and pricing under a competitively bid solicitation by OMNIA Partners, for HVAC Equipment, Installation, Services, & Related Products under Contract No. R2004001 between Region 4 Education Service Center (ESC) and Daikin Applied Americas Inc., effective October 1, 2020, with said initial term having been extended to September 30, 2025, (hereinafter "Daikin Contract No. R2004001" or "Master Agreement"); and WHEREAS, Owner desires to retain Contractor to perform the Work under Daikin Contract No. R2004001 and any additional terms and conditions as set forth within this Contractor Agreement; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements of the parties, it is agreed as follows: 1. Work. Subject to credit approval, Contractor agrees to furnish all labor, materials, tools, equipment, and samples necessary to complete the Work. Contractor 1 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A acknowledges that in providing such Work, it shall at all times comply with all laws and regulations affecting, Contractor. Owner agrees that Contractor may retain one or more subcontractors ("Subcontractors") to perform the Work through a Subcontract Agreement. 2. Term of Agreement. The term of this Agreement shall be in compliance with the term of the underlying Master Agreement, as amended, unless terminated earlier. Contractor will commence Work on the commencement date ("Commencement Date"). Owner will notify Contractor of the Commencement Date in writing by issuing a Notice to Proceed. The Notice to Proceed shall be issued at least fourteen (14) days before the Commencement Date. Upon substantially completing the Work, Contractor shall present a Certificate of Substantial Completion to Owner. Once commenced, the Contractor shall diligently continue performance until final completion of the Work. 3. Contract Price. For full performance of the Work in conformance with this Agreement, Owner shall pay the Contractor the fixed sum specified in the two Quotes hereto attached in the combined total sum of Nine Hundred Eight Thousand Two Hundred Forty-one and 44/100 (Dollars) ("Contract Price"), subject to adjustment per mutual agreement of the parties should the Scope of Work change. The Contract Price does not include sales tax. 4. Relationship of Parties. Contractor is retained by Owner only for the purpose and to the extent set forth in this Contractor Agreement. Contractor's relationship with Owner shall, during the entire term of this Contractor Agreement, be that of an independent contractor. Contractor, and any employee, agent, servant, officer, director, or shareholder of Contractor, shall not be deemed an agent, servant, or employee of Owner. 5. Compliance with Laws. Contractor and Owner agree that parties shall comply with all federal, state, and local laws and regulations applicable to its activities under this agreement, including without limitation to the hiring, safety, and taxation of its employees, as well as obtaining and maintenance of any applicable licenses and/or permits as required by all laws and regulations applicable to its activities under this Agreement. 6. Insurance. At all times while performing the Work, Contractor shall maintain, at its sole cost and expense, insurance as customary within the industry and as set forth in the underlying Master Agreement. If requested Contractor will present a copy of their certificate of insurance, pursuant to the insurance requirements of the underlying Master Agreement, naming Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, as Certificate Holder and as Additional Insured on all policies, except for Workers' Compensation. 7. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida 2 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A Statutes, the participation of the County and Company 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 Agreement entered into by the County be required to contain any provision of waiver. 8. Indemnification, Hold Harmless, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 6 herein and the Master Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or 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. 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 the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 3 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A United States Department of the Treasury Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the sovereign immunity of the United States or the County. 9. Default. A default occurs under the terms of this Agreement if: (a) Contractor substantially fails to perform any of its material obligations under this Agreement; (b) if Owner becomes insolvent, and/or; (c) if Owner fails to tender payment to Contractor under this Agreement for thirty (30) days after the date such payment is due (together "Event of Default"). Upon the occurrence of an Event of Default, the non-breaching party shall provide written notice to the breaching party ("Notice of Default"). Upon receipt of the Notice of Default, the breaching party shall immediately correct the default. If the breaching party fails to correct the default for thirty (30) days after receipt of the Notice of Default or fails to provide evidence that appropriate corrective action is in reasonable process, the non-breaching party may terminate this Agreement upon written notice ("Notice of Termination"). The parties shall have any legal remedies at their disposition, as allowed by local law. 10.Termination. Absent an uncured Event of Default, this Agreement may only be terminated by the consent of the parties. The termination shall be evidenced by: (a) execution of a single writing; (b) signed by Contractor and Owner; (c) that specifically identifies this Agreement, and (d) states that Owner and Contractor terminate this Agreement as of a specified date ("Termination Agreement"). Prior to execution of the Termination Agreement, Contractor shall present Owner with an Application for Payment for actual Work rendered under this Agreement as of the date the parties intend to execute the Termination Agreement, and Owner shall pay Contractor the amount requested in the Application Payment within ten (10) days of the parties' execution of the Termination Agreement. 11.LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, DELAY, LIQUIDATED, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFITS, GOODWILL, OR OTHER BUSINESS INTERRUPTION DAMAGES, THAT ARISE OUT OF OR RELATED IN ANY WAY TO THEIR PERFORMANCE OR LACK OF PERFORMANCE UNDER THIS AGREEMENT, WHETHER BASED 4 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A ON STATUTE, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CLAIM OR THEORY OF RECOVERY OR LIABILITY WHATSOEVER, REGARDLESS OF WHETHER THESE DAMAGES COULD HAVE BEEN FORESEEN OR NOT. 12.Warranty. All equipment furnished hereunder is provided with the manufacturer's warranty as the exclusive warranty for such equipment. Contractor provides such warranty as a pass-through to Owner. The manufacturer's warranty for equipment manufactured by Daikin Applied and Daikin North America to be provided by Contractor are incorporated herein by this reference. The Contractor agrees to perform Work in a manner which is in accordance with industry standards for the operation, appearance, and public perception established by those engaged in a business similar to that of Contractor. Subcontractor Agreements will contain warranties that Subcontractors will perform the Work in a similar manner. Any warranty is valid for one (1) year from completion of the Work. 13. Asbestos and Hazardous Materials. In the event Contractor encounters asbestos, lead and/or other hazardous materials, Contractor will stop work and notify Owner, and shall have the right to suspend its work at no penalty to Contractor until such products or materials and the resultant hazards are removed. Completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. Owner shall remediate any asbestos, lead or other hazardous materials at Owner's expense, and shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, upon, beneath, about or inside Owner's equipment or property, shall bear title to, ownership of, and legal responsibility and liability for any and all such hazardous materials or substances, and shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations. Owner shall defend, indemnify, reimburse and hold harmless Contractor and its officers, directors, agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and penalties (including without limitation, attorneys' fees and expenses) suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or disposal of any hazardous materials or substances, in connection with the services performed hereunder. Contractor reserves the right to engage others in a subcontractor status to perform the work hereunder. 14.Confidentiality. Owner agrees to keep confidential and use its best efforts to cause any sales representative and employees to keep confidential all trade secrets, proprietary, and confidential information (hereinafter "Confidential Information") related to Daikin Applied and safeguard all Confidential Information from disclosure or use by any person directly or indirectly under Owner's control. Confidential Information does not include (i) information which is in the public domain other than through a breach of this clause and (ii) information which was 5 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A received by Owner independently of Daikin Applied. Neither expiration nor termination of this Agreement for any reason shall release Owner from the obligations of this Section. 15.Notices. Any information or notices required to be given under this Agreement shall be in writing and shall be delivered either by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (b) a reputable messenger service or a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such messenger or courier; or (c) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received. All notices shall be addressed as follow: If to Contractor: Daikin Applied Americas Inc. Attn: Legal Department 13600 Industrial Park Blvd. Plymouth, MN 55340 If to Owner: Monroe County Board of County Commissioners Attn: Facilities Maintenance Department 123 Overseas Highway — Rockland Key Key West, FL 33040 And Monroe County Attorney's Office 1111 12t" Street, Suite 408 Key West, FL 33040 The foregoing addresses may be changed from time to time by notice to the other party in the manner hereinbefore provided. 16.No Waiver. A party's failure or neglect to enforce any provision hereof shall in no way constitutes a waiver of said party's rights under any other provision. W.Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement shall continue to be enforceable. 6 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A 18.Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, except conflicts of law which may require the application of another jurisdiction's laws. 19.County Forms. By signing this Agreement, Contractor has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement, and Vendor Certification Regarding Scrutinized Companies List as set forth in more detail in this Agreement. A. Public Entity Crime Statement The Contractor/Consultant certifies and agrees that Contractor/Consultant nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 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 contracts 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, Contractor/Consultant or subcontractor 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor/Consultant represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor/Consultant further represents that there 7 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor/Consultant has been placed on the convicted vendor list. Contractor/Consultant will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. B. Ethics Clause. By signing this Agreement, the Contractor/Consultant 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. C. DRUG-FREE WORKPLACE. Contractor/Consultant in accordance with Florida Statute 287.087 hereby certifies that Contractor/Consultant shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 8 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign the Agreement certifies that Contractor/Consultant complies fully with the above requirements. D. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS. Contractor/Consultant agrees and certifies compliance with the following: 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 Contractor/Consultant, I hereby certify that the company identified above as "Contractor/Consultant" 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. 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. Note: The List are available at the following Department of Management Services Site: Lt� ://www.du-r'ns.u-r'n tlloirAida.cou'r'n/Il,:)usliu°iess o eira�lioins/state uircll�asliu'I L2r ,,,,,,,,,,1 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........................p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..................,,,,,,,,,,11,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, doer liiiitoirii-ir�natlioiii/coiiivricted su.�speiiided dliscirliiiTrnlinatoir coirTn Ilaliints veindoir Ilists E. Non-Collusion Affidavit. Contractor/Consultant by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of Contractor/Consultant, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full 9 DocuSign Envelope ID: FD4CB55F-AI F94A44-8C39-54DO713D3136A authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 20.Nondiscrimination. The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 21. Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in 10 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, 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 seven (7) years following the termination of this Agreement. Further, the Contractor is subject to the following: 1) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Sections 602(c) and 603(c) of the Social Security Act, Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. 22.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); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll 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' 11 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A 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 Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. 23. 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 Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the 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 Fla. Stat., Sec. 119.0701 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 12 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A 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 inspector 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 NO. 305-292-3470, BRADLEY-BRIAN(cDMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 24.E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term 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 subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 25.Adiudication of Disputes or Disagreements. County and Contractor agree that 71I disputes and disagreements shall be attempted to be resolved by meet and 13 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A 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 Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section I, Nondiscrimination, or Paragraph 6.D., concerning termination or cancellation. 26.Method of Invoicina. This project will be invoiced upon completion of the work. Invoices shall be sent to the Facilities Maintenance Department, Attention, Chrissy Collins, via collllllliiu�ms clll iuriiissy a rm . nroecount �flll„ ov, who will review the documents email at,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,, and route them to the appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s) will be forwarded to the County Clerk of Courts' office ("Clerk") for payment. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. 27.ADDITIONAL FEDERAL CONTRACT PROVISIONS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in the underlying Master Agreement and in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: A. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR & 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (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 14 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A 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. B. Domestic Preference for Procurements as set forth in 2 C.F.R. 20 0.322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 28.Other Federal and/or Department of the Treasury Requirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11 , 2021)7 authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (Fiscal Recovery Funds). Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A. Americans with Disabilities Act of 1990 (ADA). as amended. The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B. 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 15 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the 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 below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. C. Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with 16 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D. Executive Compensation. As required by 2 C.F.R. Part 170, Appendix A, the Contractor must report the names and total compensation of its five (5) (5) most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R. §170.320; (b) the Contractor received 80 percent or more of its gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170.320 (and subcontracts); (c) the Contractor received $25,000,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts); and (d) the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and Exchange Commission total compensation filings at bt:!.p.::.// .::.p .p.::..gp / ii�p it / ii'n..lp.::..11�i„ii r:1. 29. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- 17 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 30.The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Exhibit "C" and made a part of this Agreement. 31..The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 32. Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 33. Remedial Actions. In the event of the Contractor's noncompliance with Section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of Section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in Section 602(e) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A) (ii)(III) of the Act, as applicable. 34. Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 35. Publications. Any publications produced with funds from the federal award as set forth in Exhibit C must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 36. Debts Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Exhibit C; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to 18 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Exhibit C. Treasury will take any actions available to it to collect such a debt. 37. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Exhibit C or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Exhibit C by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 38. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii.An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or 19 DocuSign Envelope ID: FD4CB55F-AI F94A44-8C39-54DO713D3136A vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 39. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. 40. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. 41. Miscellaneous. a. Force Majeure. Notwithstanding anything to the contrary contained in the Agreement, Daikin Applied shall have a reasonable opportunity to cure any alleged unmet performance obligations thereunder. Additionally, in the event either party is delayed in its performance due to causes outside its reasonable control, the time for such party's performance will be extended for a period of time reasonably necessary to overcome the delay. b. No Liens. Contractor shall neither suffer nor permit the attachment of any liens upon the Property as a direct result of Contractor's performance of the Work; provided, however, nothing herein shall be construed to limit or abridge Contractor's or Subcontractor's right to assert and enforce a mechanic's lien to the extent of nonpayment hereunder. c. Modifications. No modifications or alterations shall be made to this Agreement unless in writing and agreed upon by the parties. 42.Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Work and supersedes all prior negotiations, representations or agreements relating thereto either written or oral, except to the extent that they are expressly incorporated herein. 20 DocuSign Envelope ID:FD4CB55F-A1 F9-4A44-8C39-54D0713D3B6A IN WITNESS WHEREOF, the parties have executed this Agreement on the Effective Date, the corporate parties by their officers duly authorized. ��°�, ��-':'' c OWNER: Wy (S'EAL `' MONROE COUNTY BOARD OF ffr TN MADOK, CLERK COUNTY COMMISSIONERS"If tkr,,,,,A-,---.- x f p R �- \�%}, r x P t. �v \N.,,, ,,:tly:8,-f,;.,„;;-si',/.Q/ 0009/Vinitil&-y BY: ',�f" .'''� A Deputy Clerk Ma or/Chairperson Date: /. i I cy, 2C-V3 I Witnesses to Contractor: CONTRACTOR: DAIKIN APPLIED AMERICAS INC. /-DocuSigned by: rah, f as alias BY: BY: '. _8FAk057F89D0FaD0.. Printed Name: Printed Name: Raul Pal aci os Date: Title: GM Dai kin South Fl on da BY: Date: 11/8/2023 Printed Name: Date: ♦.. ... '- Lid L Lu ,-,.w -` MONROE COUNTY ATTORNEY'S OFFICE ee,PaS TO,„ f ..., ��,r.:.. .I •-, .. -- PATRICIA ALES LL ASSISTANT,1 pctIA TTORNEY DATE: 21 DocuSign Envelope ID: FD4CB55F-Al F9-4A44-8C39-54DO713D3B6A EXHIBIT "A" QUOTE NO. Q-28985 Air Handlers 22 DocuSign Envelope ID:FD4CB55F-Al F9-4A44-8C39-54D0713D3B6A IN OMNIA DAMIN P UVINIA P'uHc Sector Contract t R200401 P A R T N E R S Proposal is in accordance with Region 4 ESC contract#R200401 available via Omnia Partners OMNIA PUBLIC CERTIFIED PROPOSALM R200401-FL-289961 OMNIA MEMBERSHIP NAME:Monroe County Board of County Commissioners OMNIA MEMBERSHIP ID#:4002530 PROJECT: Monroe County Sheriff Office Jail-Ahu Replacement DAIKIN SALES REP: Vicente Ciliberti DATE: 10.5.23 ::JDHHsi': TFgMR'RU NT DESCRIPTION MODEL CITY TOTAL LIST OMNIA MULT. OMNIA SELL PRICE 1.AHU Al $ 24,570.00 0.6800 $ 16,707.60 2.AHU A2 $ 24,570.00 0.6800 $ 16,707.60 3.AHU A3 $ 25,220.00 0.6800 $ 17,149.60 4.AHU A4 $ 33,500.00 0.6800 $ 22,780.00 S. $ - 0.0000 $ - 6. $ 0.0000 $ :[::d',U 7 MB DESCRIPTION PART# CITY TOTAL LIST OMNIA MULT. OMNIA SELL PRICE 1. $ 0.0000 $ 2. $ 0.0000 $ 3. 1 1$ 0.0000 1 $ DESCRIPTION OMNIA LABOR CLASSIFICATION LABOR RATE/HR HRS OMNIA SELL PRICE .Start Up Technician HVAC Tech CAT $ 163.66 610 $ 112,154.60 L.Project Management Project Management $ 247.09 40 $ 9,883.60 3.Forklift Heavy Equipment Operator $ 203.15 128 $ 26,003.20 4.Crane Heavy Equipment Operator $ 203.15 32 $ 6,500.80 S.MEP Engineering Engineering Design $ 247.09 184 $ 45,464.56 6.Project Administration Project Administrator $ 320.29 40 $ 12,811.60 7.Delivery Personnel Delivery Personnel $ 131.78 68 $ 8,961.04 P 4 P 4i"'dH RUM,k:vR d HAS DESCRIPTION COST OMNIA MARKUP OMNIA SELL PRICE L.Materials for:Piping,Insulation,Ductwork,Salvage $ 80,000.00 1.4000 $ 2,000.00 2.Permit Runner $ 6,0 11 00.00 1.4000 $ 8,400.00 3.Risk,Warranty&Contingency $ 13,624.16 1.0000 $ 13,624.16 NOTES: TOTAL OMNIA SELL PRICE: '' 411,146.36 1.OMNIA discount multipliers and markups are per Daikin Applied's OMNIA Public contract number R200401 Additional to market value (N.:i",tl 4236 2.Labor Rates are per Daikin Applied's OMNIA Public contract number R200401 for South Florida Additional discount off of allowable OMNIA contract price is PROPOSED SELL PRICE: $ 412,000.00 3 offered at discretion of the Sales Rep IIIII DocuSign Envelope ID:IIIFD4CB55F-Al F9-4A44-8C39-54DO713D3B6A DAIKIN APPLIED, OMNIA PUBLIC PROJECT DOTE rl S, r �? OMNIA P A R T N E R S MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O MORGANTI GROUP INC KEY WEST INTERNATIONAL AIRPORT KEY WEST,FL 33040 OMNIA Certified Quote#:R200401-FL-289961 OMNIA Membership ID:4002530 Quote#:Q-28985 Chrissy Collins Building/Budget Administrator. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Document Date:10/05/23 Vicente Ciliberti SSR 954 862 8500 EX 209 754 971 36 53 vicente.ciliberti@daikinapplied.com Daikin Applied Americas,Inc. ESiiigEnvelopeID: FD4CB55F-A1F94A44-8C39-54D0713D3136A Daikin Applied Americas, Inc. is pleased to offer the following Quote for your consideration. Thank you for selecting Daikin Applied Service Group to care for your building's system. Our service personnel have the knowledge and experience to deliver the best support available. Daikin is pleased to offer this Quote for your consideration. 1. Supply Daikin Two(2)AHU-A1/A2.Air Volume 5650 CFM.CAH013GDAM 2. Supply One(1)AHU-3 CAH013GDAM 5650 CFM. 3. Supplyone(1)AHU-A410850 CFM CAH024GDAM. 4. Freightfrom the Equipment Above from the Factory to the facility is included. 5. Shut down disconnect existing(4)AHUS from existing electrical disconnect boxes. 6. We will disconnect existing AHUS from existing CW piping and ductwork connections. 7. Demo and dispose of existing(4)AHUS. 8. Install(4)AHUs. 9. New AHUS to be set in existing locations. 10. Reconnect new AHUS to existing chill waterlines,insulate CW connections to match existing 11. reconnect new AHUs to existing Supply and Return Ductwork 12. We include forklift/luell to set equipment in place. 13. We will start up and verify proper operation of new AHUS. 14. Project Management. 15. Discount of the engineering will be applicable if the MEP drawings are found and if the city approved this change out without presenting a new set of drawings. 16. Permit Runner. (Not the permit fees from the City) Each of our sub-contractors will be maintaining a consistent project manager who will be represented when appropriate during our project time frame. Staff and resource planning will be maintained throughout the project through our project communications efforts. Turnkey Contracting Quote 2 ©2023 Daikin Applied QUOTE#11)11,1 , i /7 r DocuSign Envelope 0: Fo4Ca56F-Ai oO713o3136A 1 This Quote takes precedence over any other written,verbal,m other statements of scope,schedule,and pricing. 2. Acceptance of a Notice to Proceed is not an acceptance of terms and conditions.Any Notice to Proceed will be based upon the terms and conditions contained in this Quote. 3. All working hours are estimated at regular or straight time rates.Accelerated or expedited project execution schedules and associated costs are subject to additional quotation. 4. Daikin Applied is not responsible for any delays or cost as a result of delays incurred due to limited or no access to roads, buildings or equipment required tocomplete the scope of work provided for in this Quote. 5 Sales taxes are not included within our pricing. 6 Costs associated with Owner directed programs or software required to fulfill project reporting,execution,safety management, and or Owner or Owner's Representative invoicing are not covered and will be invoiced in addition to the agreed Quote price. 7 Signago will not bo provided or installed byDaikinApplied. 8 Staffing of onsite Safety or Security personnel during project execution or after working hours will not be provided and Daikin Applied understands this is the responsibility of the Owner or Owner's Representative. Q Site drainage,pollution prevention plan and execution,temporary bathrooms,emergency eye-wash stations, barricades, ramps,splash-blocks,fire protection plans and systems required during construction,flagman, access controls features, trash repositories and pick services are not included. Daikin Applied understands the Owner or Owners Representative io responsible for these measures. 10 Daikin Applied understands temporary HVAC,temporary power,work site lighting,and temporary water required to perform the scope of work provided is the Owner or Owner's Representative responsibility. 11 Daikin Applied will only provide supervision for itself and its sub-contractors when we or they are on site. 12 Daikin Applied Material or Labor warranty is excluded on Owner or Owner's Representative provided equipment. 1 Any labor,materials,or subcontracted service not specifically provided for in the description or scope of work. 2. Identification and mmodiaUonof existing code violations. 3. Authority Having Jurisdiction required changes are not included and will be quoted as additional work scope. 4. Painting,repair work to buildings, and/or equipment which is not specifically identified in the description or scope of work. 5 Costs associated with hazardous materials identification,removal,and/or abatement. 0 Temporary or portable HVAC equipment and connections to existing systems. 7 The creation of new Building Automation Systems graphics, monitoring,trending,analysis or any other software or labor required for implementation of these items. 8 Testing and balancing. Q Commissioning plan development and execution. 10 Sound testing or acoustical treatments for any elements inside or external to the work site or equipment. 11 Seismic analysis and certification for all materials and equipment. 12 Permits,insurance coverages other than indicated in the attached Evidence of Insurance, and performance and payment bonds. 13 Professional services including Architectural,Mechanical,Electrical,Structural and other Engineering Disciplines. 14. Fire,Smoke and/or Security controls,equipment,repair,graphics,programming,replacement or upgrades. Turnkey Contracting Quote 3 0zuzaDa|kmApplied ooOTE#11 28185 ����� � ��==�KIN ESiiigEnvelopeID: FD4CB55F-A1F94A44-8C39-54D0713ME16A 1'" III III III III'°°r ui�lii lii ui ui t III'°°rt ui�°�uui f Feel free to contact me if you have any questions or concerns regarding the information contained in this Project Quote. If you would like us to proceed with the solution presented above, sign the acceptance line below (including PO#if applicable) and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and servicing your needs in the future. Investment Amount and Billing Terms: Investment required to implement the proposed solution prg�mi, '' i i iN/ INK MIb t� Sector ��ntt°ect A. fit' 00401 OMNI A Proposal is on acoordonoo wiith Region 4 ESC contract#R200401 available via Qrnnia Partners OMI..NIA PUBLIC CERTIFIED PROPOSAL#. R2.00401-FL-289961. UJANIA.IM'EMBERSHIP NV E:IMon'..wroe,County Board w county Cam„misswers OMvMNW.IA MEMBERSHIP IC#:4802530 PROJECT IMrn.roe County SheraffMOfface Jail-AHu Replacement. DAIKINd SALES REP: 4'iic. ente C.iXMBert, DATE.110.5.29 ,,..,, ,,,4 SDYd1WNCYlEKYIPCIuGJI I,Y'd V „DESCRIPTION „MODEL ,CITY TOTAL LIST„ OMMMWA MMULT. OMBNIA SELL PRICE. 1.AH'J Al $ 24,57000 06800 $ 16,707.60 2..AIHIU A2. S, 24,570..00 0.68,00 $ 16,.707..60 3.AIHIII A3 $ 25,22000 0.6800 17,149.60 4.AIHU A4 $ 33„500 Go D.6800 $ 22,780.00 0.0000 $ - &. $ 0.0000 $ „ ,,,"hi p PmAM', DESCRIPTION,,, „VART 4 „oTe ,,,TOTA.LILI'ST rOM N A MMOLT.,, „4NraB71 MA SELL PRICE Ll 0.0000 $ 2.1 0.0000 1$ - 3.1 1$ 0.0000 1$ 1-CM FH C:T_1:3DOR DESCRIPTION 0IVIMIA.LABOR CLASSIFICATION LABOR RATE/HR �HRS MDN,MNNA.SELL PRICE 1.Start llJp Technirran H4AC Tech CAT 1 $ 183..36 610 112.,154.50 2..Prplect.RA—g—ent Prayect Ma.,nagememt $ 247..09 46 5 9,683.&0 3.EarH t Heavy Equipment Operator 5 203..15 129 5.. 26,003.2[) 4.Crane. Heavy Equipment(Operator S 203..15 32 $ E,500..30' L.MEP Engineerittg Engoneerang Design 247..09 184 y. 45,4b4.56 B.Prppect Admini�stranon. Prgect Admihrlsrr'ator '$ 320.-29 40 5.. 12.,611..60 7.Delivery Personnel Delivery*Personne4 "s 131..79 68. y g,961..04 rA.1,V NAT 1kAL&.HkMI{„ DESCRIPTION �CCD'5T OMM4IA MARKUP OM3MNA SELL PRRCE. 1.Maten Is fcor Piping,InsuWataon,(Ductwork,'S31-ge $. 9D,000.00 1..40DD 112.„06D..CID 2.Perrut Runner $ 6„000.00 1..4ODO u g,40D..OD Ll Risk,Warra..TV R C.rrvngency 5 13,524.16 1..0000 $ 13,524..16 ., , N147TES" TLNTALOMPCIA SELL PRNCS: OMMINA.discount mull ii and.,..markups are per Da skin.ApplXed's: OMINIIA Pn81i<cc+ntraet nwmher 4200407. Asldt"tonal t—who value 2.Labor Rates are per Eisikin Apphed's OMMMA PLidlic contract n um be r R200401 for So uth nands PRO POSED 5 ELL PRICE;: } 412,000..00,.. 3 Ad d,tl'.Qn a I d iso.nt off aff of.able.OMANIA—tract price IS offered'.at disCdetion of the Sales Rey. $412,000.00(Four Hundred Twelve Thousand Dollars and Zero cents) *Price does not include applicable sales tax Quote, inclusive of the pricing, is provided in accordance with Region 4 ESC Contract#R200401, available via OMNIA Partners, including the terms and conditions contained therein (https://pulic.omniapartners.com/suppliers/daikin-applied/contract-documentationc3S611)shall govern this Quote and the corresponding scope of work as described herein which are hereby incorporated by this reference. Pricing and acceptance are subject to Daikin Applied's final credit approval. Billing/Payment Terms*: Billed in full upon completion *All billings are due immediately upon Receipt This Quote will be honored by Daikin Applied for 30 days from the date on the front of the Quote.After 30 days, Daikin Applied reserves the right to evaluate cost changes (both increases and decreases)from the Quote. Turnkey Contracting Quote 4 ©2023 Daikin Applied QUOTE#I"a I898 11, r DocuSign Envelope ID: FD4CB55F-Al F9-4A44-8C39-54DO713D3B6A EXHIBIT "B" QUOTE NO. Q-27285 Chillers 23 DocuSign Envelope ID:FD4CB55F-Al F94A44-8C39-54D0713D3136A PIK DAWN/OMNIA IP'uubft Sectcu'"Ccfx ytra t M AAA A01 P A R T N E R S Proposal Is in cardance with Region 4 ESC contract#R200401 available via Omnia Partners OMNIA PUBLIC CERTIFIED PROPOSAL#:JR200401-FI-286137 OMNIAMEMBERSHIP NAME:I Monroe County B oardof Commissioners OMNIAMEMBERSHIP ID#:4002530 PROJECT:I Key Wes[Jail TK Chiller Replacement DAIKIN SALES REP: Vi--Ciliberti DATE:19.18.23 II IIMUT I..I II N7Tm DESCRIPTION MODEL CITY TOTALLIST OMNIAMULT. OMNIASELLPRICE 1.Tailblazer Air Cooled Suoll Chillers AGZ076E 2 $ 171,558.00 0.4800 $ 164,695.68 2. $ 0.0000 $ 3. $ 0.0000 $ 4.1 0.0000 $ 5.1 0.0000 $ 6. $ 0.0000 $ `I IIWhUTI Wr I'; DESCRIPTION PART# CITY TOTALLIST OMNIAMULT. OMNIASELLPRICE 1. $ 0.0000 $ 2. $ 0.0000 $ 3. $ 0.0000 $ 4.1 0.0000 $ 5.1 1 $ 0.0000 $ 6. $ 0.0000 $ `IIIMLT I Mill, DESCRIPTION OMNIALABORCLASSIFICATION LABORRATE/HR HRS OMNIASELLPRICE L.Start Up Technidan HVACCom dal Tech1 $ 183.86 24 $ 4,412.64 2.Project Manager Project Management $ 247.09 20 $ 4,941.80 3.M echanical Installation HVACCom dal Tech1 $ 183.86 340 $ 62,512.40 4.Insulations Insulators $ 186.68 360 $ 67,204.80 5.Cane/Rigging Heavy Machinery Opeator $ 203.15 136 $ 27,628.40 6.Project Engineering Project Engineer $ 228.77 36 $ 8,235.72 J.Electrial Electrician $ 192.17 260 $ 49,964.20 8.Per Diem-3 weeks,6persons Per Diem $ 366.05 90 $ 32,944.50 9.Delivery Personnel $ 131.78 46 $ 6,061.88 10. $ 0 $ Nhl'r�.Nhhlllrlhl l{I, 111 k, DESCRIPTION COST OMNIAMARKUP OMNIASELL PRICE 1.Risk,Warranty,and Contingency $ 48,000.00 1.0000 $ 48,000.00 2.Submntracto,Materials-Electrical,Insrlation $ 21,800.00 1.4000 $ 30,520.00 3. $ 0.0000 $ 4. $ 0.0000 $ 5. $ 0.0000 $ 6. $ 0.0000 $ 7. $ 0.0000 $ 8. $ 0.0000 $ 9. $ 0.0000 $ 10-1 0.0000 $ NOTES: TOTAL OMNIASELL PRICE: OM NIA d smu nt a ult pliers and aarkupsare per Da kin Applied's OM NIA Pu blcmntact number R200401 Additional to market value fYl A I.'iJ'V) 2 tabor Rates are per Dakin Applied's OMN IA Public mntact n umber R200401 for Sou th Florida PROPOSED SELL PRICE: $ 496,241.M 3 Additionald scount off of allowable OM NlA con...tprce is offered at d s-setion of the Sales Rep DocuSign Envelope ID:IIIFD4CB55F-Al F9-4A44-8C39-54DO713D3B6A DAIKIN APPLIED, OMNIA PUBLIC PROJECT QUOTE r if'f iifii �ii if �(Imi �fu imiiu�i Flu u OMN1)k N E i MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O MORGANTI GROUP INC KEY WEST INTERNATIONAL AIRPORT KEY WEST,FL 33040 OMNIA Certified Quote#:R200401-FL-286137 OMNIA Membership ID:4002530 Quote#:Q-27285 Chrissy Collins Building/Budget Administrator. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Document Date:09/18/23 Vicente Ciliberti SSR 954 862 8500 754 971 36 53 vicente.ciliberti@daikinapplied.com Daikin Applied Americas,Inc. ESiiigEnvelopeID: FD4CB55F-A1F94A44-8C39-54D0713ME16A Daikin Applied Americas, Inc. is pleased to offer the following Quote for your consideration. Thank you for selecting Daikin Applied Service Group to care for your building's system. Our service personnel have the knowledge and experience to deliver the best support available. Daikin is pleased to offer this Quote for your consideration. Equipment. 1. Provide two(2)AGZ chillers model AGZ076E, Capacity 80 nominal tons.Voltage 460 V/60 Hz/3ph. Lead time 37-38 Weeks. 2. Freight it is included from Miami to the DJJ Building Facility 3. Microchannel Coil with Epoxy Coating. 4. Communication BACnet 4. 5. Entire unit,extended warranty 4 years parts and labor. Five(5)years in total. Mechanical Installation. 1. Shutdown of the old chiller and recover refrigerant per EPA(Environmental Protection Agency)guidelines. 2. Disconnect electrical power wiring and lockout tags. Uninstall the two(2)Air Cooled Chillers Carrier models (30XAB0806R). Include the unit's movement outside the roof in an area previously agreed on the floor. 3. Final Disposal of the two(2)old Carrier units outside the DJJ Facility Center 4. Installation of two(2) Daikin Scroll chiller-80 ton. 460V/3/60. 5. This project is being considered to replace one(1)chiller at time.This is to avoid the nuisance of leaving the area with no AC and having to relocate the personnel inside.We are considering that the shut off valves that isolate the chillers are in good condition. In case these valves do not work properly,we will have to drain the building and install these shutoff valves.This would leave the building without A/C for approximately two(2) days. Price to install new shutoff valves in not included in this proposal and would be quoted separately if required. 6. New piping and its insulation, up to a maximum of 7 feet,will be installed to connect the new Daikin chillers to the existing hydronic system. 7. Crane and rigging-chillers will be installed one at a time,so there will be two crane movements.We include the crane and personal.We are considering the crane to be positioned in the parking lot of the building next to the work area.As this Parking lot is inside the facility MOT with the city is not included. 8. Startup of the two(2)chillers by Daikin technicians. 9. Permit runner is included if permits need to be pulled.The Permit cost with the city it is not included in this proposal. Permit charges will be handled separately. Electrical Installation. 1. Remove the existing disconnect switch (3 ph., 480V,250 amp)and all the associated material currently feeding the A/C Chillers units on the roof. 2. Supply and install new disconnect switch. 3. We are considering installing new wire conduit and terminating electrical connections. 4. The panels that feed power to the 480v disconnects on the roof are inside the building and do not need to be replaced. 5. The time to install the new disconnect chiller per unit will take 2 or 3 days for each chiller team after the chillers have been installed. Control Installation. 1. Control Reinstallation by Other. In the walkthrough held on 08/16/23 it was determined that the controls installation will be done by Siemens and will be contacted directly by the customer. 2. The four(4)start up chiller control disconnects are not included in this proposal. Engineering 1. This project is considered as a maintenance project.We are not including engineering design,including Mechanical, Electrical, Plumbing. Existing drawings will be used. If a new set of drawings are required for the project,we will have to include the services of an engineering firm with an additional investment value of$ 25,000.This amount is not included in the current proposal. Turnkey Contracting Quote 2 ©2023 Daikin Applied QUOTE#Q ` IF j" ESiiigEnvelopeID: FD4CB55F-A1F94A44-8C39-54D0713D3136A Each of our sub-contractors will be maintaining a consistent project manager who will be represented when appropriate during our project time frame. Staff and resource planning will be maintained throughout the project through our project communications efforts. rr I ( I illll�„li�ni ; 1. This Quote takes precedence over any other written,verbal,or other statements of scope,schedule, and pricing. 2. Acceptance of a Notice to Proceed is not an acceptance of terms and conditions.Any Notice to Proceed will be based upon the terms and conditions contained in this Quote. 3. All working hours are estimated at regular or straight time rates.Accelerated or expedited project execution schedules and associated costs are subject to additional quotation. 4. Daikin Applied is not responsible for any delays or cost as a result of delays incurred due to limited or no access to roads, buildings or equipment required to complete the scope of work provided for in this Quote. 5. Sales taxes are not included within our pricing. 6. Costs associated with Owner directed programs or software required to fulfill project reporting,execution,safety management, and or Owner or Owner's Representative invoicing are not covered and will be invoiced in addition to the agreed Quote price. 7. Signage will not be provided or installed by Daikin Applied. 8. Staffing of onsite Safety or Security personnel during project execution or after working hours will not be provided and Daikin Applied understands this is the responsibility of the Owner or Owner's Representative. 9. Site drainage,pollution prevention plan and execution,temporary bathrooms,emergency eye-wash stations, barricades, ramps,splash-blocks,fire protection plans and systems required during construction,flagman, access controls features, trash repositories and pick services are not included. Daikin Applied understands the Owner or Owners Representative is responsible for these measures. 10. Daikin Applied understands temporary HVAC,temporary power,work site lighting, and temporary water required to perform the scope of work provided is the Owner or Owner's Representative responsibility. 11. Daikin Applied will only provide supervision for itself and its sub-contractors when we or they are on site. 12. Daikin Applied Material or Labor warranty is excluded on Owner or Owner's Representative provided equipment. 1. Any labor, materials,or subcontracted service not specifically provided for in the description or scope of work. 2. Identification and remediation of existing code violations. 3. Authority Having Jurisdiction required changes are not included and will be quoted as additional work scope. 4. Painting,repair work to buildings, and/or equipment which is not specifically identified in the description or scope of work. 5. Costs associated with hazardous materials identification,removal, and/or abatement. 6. Temporary or portable HVAC equipment and connections to existing systems. 7. The creation of new Building Automation Systems graphics, monitoring,trending, analysis or any other software or labor required for implementation of these items. 8. Testing and balancing. 9. Commissioning plan development and execution. 10. Sound testing or acoustical treatments for any elements inside or external to the work site or equipment. 11. Seismic analysis and certification for all materials and equipment. 12. Permits, insurance coverages other than indicated in the attached Evidence of Insurance, and performance and payment bonds. 13. Professional services including Architectural, Mechanical, Electrical, Structural and other Engineering Disciplines. 14. Fire, Smoke and/or Security controls,equipment,repair, graphics, programming,replacement or upgrades. Turnkey Contracting Quote 3 ©2023 Daikin Applied QUOTE#Q ESiiigEnvelopeID: FD4CB55F-A1F94A44-8C39-54D0713D3136A f III III III ° ui lii lii ui ui III'°° uin'ii iu is Feel free to contact me if you have any questions or concerns regarding the information contained in this Project Quote. If you would like us to proceed with the solution presented above, sign the acceptance line below (including PO#if applicable) and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible. We appreciate the opportunity to provide you with this solution and look forward to working with you on this and servicing your needs in the future. Investment Amount and Billing Terms: Investment required to implement the proposed solution $496,241.44 (Four Hundred Ninety Six Thousand, Two Hundred Forty One dollars and Forty Four cents) *Price does not include applicable sales tax i/r uMN,I A Da NN CGMNIA Public Sector,contract M R200401 P A R T N E R S pr6p.5al i5 its acodsdance,v Ilh Rogipry 4 W.GC.rxyM,aO !"t20040 t a,ad.Ue Vra Orn'la Fafter'e QMMIA PN7!&L10;CERTIFIE.PRTSPOSAL.#. R200401-R-2E:6137 OMNMIA.MEMI9ER;SHIP NAMIE:'..Mor—C—tq gaard aM C¢rnmrai.sxim—, COMMA.MEMBERSHIP ID M.4002S30 PROJECT. Key ANest AaBITKCh0I.l 'RePlacerr.ant DPJ49M SALES REP. Vin—t.Cigib�i DATE: 9.1$.23 "GMPdYIGAd'V 1M.y11@PNd1EY'I"If DESCRIPTION,, "MODEL,, ,cTW,, "TOTAL LOST OMNIA MLVLT, ,"d1MeMNLA SELL PRICE 1...Traillal—rAir C,naled Soradl Clmlllers AGZ0776E. 2 $.. 171,568,.00 0.4800 $ 164,696.68 L $, 0.07 3... $. 0.6000 4... �. �0.0Nka0' 0.0000 V:;fJAI6BCd60',TPAhT'5 DESCRIVPTIOONI. PART# CITW TOTAL LIST OMNIA,NVULT, CIMMMMASELL PRICE. L 5 0.09000 x 3... S �0.0040. r 4.. S.. O.0CC00 ;F _ 5... S. 0.004)0 $ 0.0000 4 @ rPRAf.T i ABOR,, DESCRI FrTR38J COMWMA LABOR CLASS � ,,,, 1LABOJR IRATE f H OM NIA HRS, !z" "4NIA SELL(PRICE L Start OP Tecdarmnxia,:n FNAC'C.am i.l T'xh1 3' 183.,26 24 ,Ty' 4,412.'4 Zy..Rrcjest Manager Pru�jecr.Nn—g ffl 247.09 '20d 4,9�41.801 1 Me¢I':manical lrs.abladcrn HAVA,C Cornrnnercjah Tech 1, a '183.86� 340_ $ 62,512A0 4...4rn'sulatibrr P—(.tors 196-68 354 S 67204-84 &Crane/Rigpng. Heavy Madhin�ery Operator 5 203..15 136 a 276128.40 6•P-j t Errvg.eeriing Prq-t:Enganee.r a' 228.77' 36 8,235.72 7.ESrcxrdca8 Electric- $ 192..17 260 $ 49,964.20 8•1 Per 4tenn-3—aks 6 erscross Per Gig 5 3fi6.06 90 9 32,9�44,.5 0i 9'•CAelaverp+Rersonrl S 131.78 46 S 5,06'1.88'. 710.. $ 0 PRISC.10MAAIrRJAL Adx.E3f1Ii}M4,5 DESCRIPTION COST ,CIMNOAMARMUP OMNLASELLPRNCE 1„Ri r Warranty,and Canning-ty 48,000.04 1.am "y 48,040.!00 Z.Sub—tractor Materials-EOectrical,lnsa:Matm $. 21 E.m04 1.4000 S 345,20.00 3, S 0,.0000, c: 4... �. 0.0000 - a(COD 7. S 0.000 e 5 0. 4 R.0ma 4,.00M5 NOTES; TOTTAL 09MMtNA SELL PRICE. OMMA disr=awnt—ltiPliercs and rrmarkups ane peu Raikin Appbed's: OMN.IA Public—Ara,ct mmnmmSer R200401. Akdffiti (urn nmarket-I- Labor Rates.are.per Daik'm+ApPiied's:ONANIIA Puhllr.—tract 2. number'R2004,01 for South Renda ma d scuu nt off off all rnv Ule OIw11NIA—tratt PROPOSED SELL PRICE: 5 496,2A144 3 Add dra price H offered at discreai-of the Sad-Rep Turnkey Contracting Quote 4 ©2023 Daikin Applied QUOTE#i"ti DocuSign Envelope ID: FD4CB55F-AI F9-4A44-8C39-54DO713D3B6A Quote, inclusive of the pricing, is provided in accordance with Region 4 ESC Contract#R200401, available via OMNIA Partners, including the terms and conditions contained therein 2ubHc.omni_a artners.com/su22riers/daikin-_a2LIied/contract-documentation#c38611 shall govern this Quote and the corresponding scope of work as described herein which are hereby incorporated by this reference. Pricing and acceptance are subject to Daikin Applied's final credit approval. Billing/Payment Terms*: Billed in full upon completion *All billings are due immediately upon Receipt This Quote will be honored by Daikin Applied for 30 days from the date on the front of the Quote. After 30 days, Daikin Applied reserves the right to evaluate cost changes (both increases and decreases)from the Quote. Turnkey Contracting Quote @2023 Daikin Applied QUOTE#Q "N DAISCIN DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54DO713D3136A EXHIBIT " C" CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT 24 DocuSign Envelope ID: FD4CB55F-Al F9-4A44-8C39-54D0713D3B6A ONIH ApproN,ed\o, 1505-0271 FNpiratton Date: 11,30,,2021 t, S, DFRAR"I CORONAVIRLIS STATFAND LOCAL FISCAL RF(,'0`e1 R)" FUNDS Recipient name and address: DL,NS Number:073876757 Monroe County Board of Commissioners Taxpa'ver Identification Number:590000749 1100 Sutionton Street,Room 2-2 13 Assistance Listing Nkunber and'Filiv:2L027 Key West,Florida 33040 Sections 602(b)and 003(b)ofthe Social SeclAritv Act(the Act)as addcd by section 9901 ofthe American Rescue Plan Act. Pub.1, No I l 7-2(March I I,2021,)authm izc,,.,,the Department oftlic TrcamwY(Treasury)to make pay in ents to Certain recipmIt's fro ull the Coronavtrus State Fiscal Recovery Fund and the Coronavirus Loud 11scal Recovery Fund. Recipents hereby agrees,as a condition to receiving such payment fi-om Treasury,agrees to the terms attached hereto Recitment U,ft,ll,sigraal by In, 1,,, Tina Boan Date: 2022.0&02 09:11:02 -04'00' ,Authmized Reprosmative Signature(above) Authorized Representative\arne 'lima f ioa if Authorized Representative Title: Senior Director Budget&Finmice Date Signed. Authorized Represonative Sigmatuiv(aboN -') Authorized Representative Name: Jacob Lcibenluft Authorized RcprcscntativcTifl,,;: Cluef Recovery 0flicor,Uffijee of'Recovery Programs Date S i"11 ed May 14,2021 t, PAPERWORK REDUCI]ON��17NOTJCE 'flee infionmitiol I Collected"vi I I be,med foi ffie k",S (km ornnient lo fw(x.ess xequesUs f6i suprx)m The fftimaied gaud associ2ted vAl this coflection of nformiqkin is,15 inimae'Pivy I espog Ise Commenl.�cwoerylimi the 4ccunacy ofthis burden estinwU amd sug,�,eStions F()f Fe(fiWill_g thiS burdk.,n ti hmdd be dilected to the Off-ice of Pi n lioy,Transparunoy aria Records,Department of the Trt�asur, mw,1500 Pe /haudit A W ImN e,N�%'- ashington,1)(' 202:0,DO'40T Send the form("flli5 ilddleis'Am agency m'ly 1101,V"'ii(Jk1C[ol SyXM'Vll'011d o gaoler n is not iviltdrud((,I roSpood w,a CJ6:'lion orillforrilotion iosl'Q�s it,disphl"s a mfid control number assigned b.i;ON113 25 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54D0713D3136A U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1.Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(the Act)and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional,managerial,and financial capability to ensure proper planning,management,and completion of such project. 2.Period of Performance.The period of performance for this award begins on the date hereof and ends on December 31,2026.As set forth in Treasury's implementing regulations,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3,2021 and ends on December 31,2024. 3.Reporting:Recipient agrees to comply with any reporting obligations established by Treasury,as it relates to this award. 4_Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. 5.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R. §200.458,may not be paid with funding from this award. 6.Administrative Costs.Recipient may use funds provided under this award to cover both direct and indirect costs. 7.Cost Sharma.Cost sharing or matching funds are not required to be provided by Recipient. 8_Conflicts of Interest Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §200.112. 9.Compliance with A212licable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)of the Act,and guidance issued by Treasury regarding the foregoing.Recipient also agrees to comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act,shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.Part 170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a tern or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F.R.Part 180,subpart B)that the award is subject to 2 C.F.R.Part 180 and Treasury's implementing regulation at 31 C.F.R.Part 19. 26 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54D0713D3136A v. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R.Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20. vii. New Restrictions on Lobbying,31 C.F.R.Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§4601-4655)and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial status,or disability, iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance, iv. The Age Discrimination Act of 1975,as amended(42 U.S.C. §§6101 et seq),and Treasury's implementing regulations at 31 C.F.R.Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance,and v. Title II of the Americans with Disabilities Act of 1990,as amended(42 U.S.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10.Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds,if any,or take other available remedies as set forth in 2 C.F.R. §200.339.In the case of a violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act. 11 Hatch Act Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statements.Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions,including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13.Publications.Any publications produced with funds from this award must display the following language:"This project[is being] [was]supported,in whole or in part,by federal award number[enter project FAIN]awarded to Monroe County Board of Commissioners by the U.S.Department of the Treasury." 14.Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amountto which Recipient is finally determined to be authorized to retain under the terms of this award;(2)that are determined by the Treasury Office of Inspector General to have been misused;or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 27 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54D0713D3136A 15_Disclaimer_ a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16.Protections for Whistleblowers. a. In accordance with 41 U.S.C. §4712,Recipient may not discharge,demote,or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General, iii. The GovemmentAccountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency, vi. A court or grand jury;or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover,or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section,in the predominant native language of the workforce. 17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR 19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. 18_Reducing Text Messaging While Driving Pursuant to Executive Order 13513,74 FR 51225(Oct.6,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 28 DocuSign Envelope ID: FD4CB55F-Al F94A44-8C39-54D0713D3136A OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated programs,licenses,procurement contracts by the Federal government at market value,or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race,color,or national origin(42 U.S.C. §2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166;directives;circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying a person access to its programs, services,and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that LEP persons have meaningful access to its programs,services,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.leb.gov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor, transferee,and assignee shall comply with Title H of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin(42 U.S.C.§2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title V7 also includes protection to persons with "Limited English Proficiency"in any,program or activity receivingfederal financial assistance, 42 U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title Ill regulations, 31 CFR Part 22, and herein incorporatedby reference and made a part of this contract or agreement 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any 29 DocuSign Envelope ID: FD4CB55F-Al F9-4A44-8C39-54D0713D3B6A personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. S. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide;upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome.Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative agency finding of discrimination,please so state. 10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make suh-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury,the undersigned official(s)certifies that he/she has read and understood its obligations as herein described,that any information submitted in conjunction with this assurance document is accurate and complete,and that the Re RcmPJan@d*ipliance with the aforementioned nondiscrimination requirements. W �AAaUOS 11/8/2023 Recipient Date Tina Boan off',�".n,.�,4o-�4'00' Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with this collection of information is 15 minutes per response.Comments conceming the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office ofPrivacy,Transparency and Records,Department of the Treasury,1500 Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB. 30 ACC)17DO CERTIFICATE OF LIABILITY INSURANCE DATE 1a2 23DmW) lllk—� F 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 GeeAnn MIs51 MARSH USA LLC NAME: 400 West Market Street,Suite 700 PHONE 8fi6.966.4664 FAX No 0 212.948 0804 Louisville,KY 40202 E-MAILO Louisville.Cert ues@rnarsh.corn Attn:LouiWIle.certreq t marsh.com RESS INSURERS AFFORDING COVERAGE NAIC# CN101863513-DAA-GAWU-23.24 2826 martin SO INSURER A:Mitsui Sumitomo Insurance USA Inc 22551 INSURED INSURER B:Seri ual Company 2PW Oaikin Applied Alrerleas Inc. 13600 Industrial Park Boulevard INSURER C:Sentry Insurance Company 24988 Minneapolis,MN 55441 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C 7122144-02 REVISION NUMBER: 70 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. ILTTRR ADDTYPE OF INSURANCE LSUBR POLICY NUMBER POLICY EFF MPOLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY GL2122557 04101/2023 0410112024 EACH OCCURRENCE $ 1,0OO,000 CLAIMS-MADE EPREMISES OCcuR I,'sub(ect 10 self insured retentions Ea occwrence $ 1,000,000 for various perils covered) MEO EXP(Any one person) $ %000 PERSONAL SADVINJURY $ 11000,000 GEN1.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ECT ��LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER:' S A AUTOMOBILE LIABILITY BVR840 2(AOS) 04101/2023 04 112024 COMBINED SINGLEL'+MIT $ 2000000 Ea dent X ANY AUTO BODILY INJURY(Per pa ) S A X OWNED SCHEDULED BV 8803074(MA) 04101/2023 04/0112024 BODILY INJURY(Per acddenq $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ x uMBRELULIAB X OCCUR U B5700287 04101I2023 04/012024 EACHOCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTIONS10,000 IS B WORKERS COMPENSATION 90-2021 2(Daikin Ded y 04101024 X PER OTH- C AND EMPLOYERS'LIABILITY 90-20216.003 Daikn etra) 04/0112023 04/01/2024 STATUTE ER ANYPROPAIETORIPARTNEPJEXECUTIVE Y 1 N ( E.L.EACH ACCIDENT $ 11000,000 OFFICERIMEMBEREXCLUDED7 a NIA (Mandatory In NMI E.L.DOSEASE-EAEMPLOYE S 1,000,000 Ir yyeas,describe under 1,000,0 DESCRIPTION00 OF OPERATIONS below E.L,DIS E-POLICY OMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remar%s Schedule,may be attached N more space Is required) Monroe County BOCC Ware included as additional insured where required by written contract and allowed by law with respect to General and Autornoble liability coverages. APPROVED BY RISK WMOOLWENT DATE, " � �, ..�� CERTIFICATE HOLDER CANCELLATION Monroe County BOCC, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD