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Item F04 F4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 Board of County Commissioners Meeting November 19, 2024 Agenda Item Number: F4 2023-3200 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval to authorize Air Mechanical & Service Corp. to purchase and install a new Chiller at the Murray E. Nelson Government and Cultural Center per the terms of Air Mechanical's current contract and the Monroe County Purchasing Policy, for a net cost of$264,381.00, which includes a one-year parts and labor warranty and a five-year compressor warranty. Funding is Ad Valorem. ITEM BACKGROUND: On July 17, 2024, the BOCC approved a Bid Award Agreement with Air Mechanical & Service Corp. (Air Mechanical) for Chiller Maintenance and Service in Monroe County. There is an initial two (2) year term beginning August 1, 2024, and terminating on July 31, 2026, with the option to renew for an additional four (4) one-year periods. The contract language gives staff the option of seeking proposals/quotes solely from the Contractor when there is a major component failure or system breakdown without the need to seek other competitive bids while following the current Monroe County Purchasing Policy. Air Mechanical has provided a proposal for replacing a Chiller at the Murray E. Nelson Government and Cultural Center with a new Daiken, air cooled Chiller, as shown on the attached Proposal dated October 3, 2024, which includes a one-year parts and labor warranty and a five-year compressor warranty. The replacement Chiller is for a net price of$264,381.00. The current Agreement does not have a provision allowing such an expenditure without BOCC approval. Staff seeks approval to allow Air Mechanical to purchase and install a Chiller at the Murray E. Nelson Government and Cultural Center per the terms of Air Mechanical's contract, the Proposal, and the current Monroe County Purchasing Policy. Air Mechanical has been maintaining the Chillers at Jackson Square since 2013 and maintenance for all County Chillers since 2019, which includes the Murray E. Nelson building Chiller. Staff seeks approval to proceed with this purchase and authorization for Air Mechanical to install it. PREVIOUS RELEVANT BOCC ACTION: February 21, 2024 BOCC approved a Bid Award Agreement for Chiller Maintenance and 260 Service in Monroe County with Air Mechanical & Service Corp. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Approval for Air Mechanical & Service Corp. to purchase and install a Chiller at the Murray E. Nelson Government and Cultural Center per the terms of its contract, the Proposal, and the current Monroe County Purchasing Policy. A Proposal in the net cost of$264,381.00 is attached which includes a one- year parts and labor warranty and a five-year compressor warranty. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-23-2024-Murray Nelson updated Proposal -AMSCO.pdf 07-17-2024-C 13—Bid Award Agreement-Air Mechanical.pdf C01 expires 01-01-2025—AMSCO-Exec.pdf FINANCIAL IMPACT: Effective Date: 11/19/2024 Expiration Date: Project to begin upon item approval & be completed asap so within the current FY25 funding cycle. Current contract expires on 7/31/26 unless options to renew are exercised. Total Dollar Value of Contract: $264,381.00 for this Chiller purchase Total Cost to County: $264,381.00 Current Year Portion: $264,381.00 Budgeted: Yes Source of Funds: 20501 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes (C01 attached) 261 Additional Details: The proposed Chiller replacement is a net amount of $264,381.00, as shown on the attached Proposal and must be completed asap, but at least before 09/30/2025, to be paid within current funding cycle. The Agreement terminates on 07/31/2026 with the option to renew for an additional four(4) one-year periods. 262 II I 0 pKi 1i..ekAH1c7jL wSERVICE CORPS October 3, 2024 Monroe County Government 11.00 Simonton Street Key West 1M 1. 33040 Attn: Kevin Dillon Subject- Murray Nelson Chiller eplacennnent Dear.Kevin, As you requested,ested, we are pleased to quote your the net price of$264,38.1.00 to per cn n din :following scope of work: I. Remove and dispose of existing cooling tower, 2. Remove and dispose of existing Carrier chiller. 3m Re.move and dispense of(2) condenser water pumps. 4. provide and install (1)rnew.Daikin air cooled chiller in the location of old.cooling tower. 5. Run new electrical power wiring 10 new chiller location. Re..-use the existing breaker:for old.chiller. o Modify existing condenser wester piping in chiller anon and connect ect to existing chiller water piping. 7e I nsuulate nnew chiller water piping as necessary. 8. Provide engineering for permitting. 1f county can get permit fee waived,please deduct. 4 Provide all l6or and materials for a turn.-key project. .10. Controls by owner. 11. One Year Pasts and Labor warranty and Five you compressor warranty. If further information is required, please contact Wane. Sincerely, Blaine fryers .Air Mechanical & Service Corp. 1 4'3 NV da'iu:. 3960"a'ti�"�',iiolG viflu Ahv y. h 8 50 66"'(1 N 4",5 A:nM wii I[Ld, p"IN A,^ve of the Anicna B Tampa, pa 3 3 iti,n"I Tofl alln mse Il 32305 q,�Ibefl p" �� 4?33782 11 a �n�;yc u u y Ha.'�4""�°�07 �n ��rorvuvr.od �"dla 3�'��a 4 N Nye 813 +w"w 0 782 r� 850 3 � 1366� PIL d Ph'" r��4:',t 61"04 04,$��4 P 941 175 3715' Fa gyp'p N N? :275 V Po e.:1 ;7l?ag "u' V^',a a 7 5,1#1 ,5�° F a 69)04 a,0 Fir I u 175 '.72'5 263 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 29, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: C13 Agreement with Air Mechanical & Service Corp. in an annual amount not to exceed $319,000.00, for Countywide Chiller Maintenance and Service at Multiple Locations in Monroe County. Funding is Ad Valorem. 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 264 AGREEMENT FOR COUNTYWIDE CHILLER MAINTENANCE ANC7 SER 'ICE MINI T1PLE; I,sC CATIONS, MON ROE C0LJINJY, FLORIDA This Agreement is made and entered into this 17th day of July, 2024, between MONROE COUNTY, FLORIDA ("County / "Owner""), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and AIR MECHANICAL & SERVICE CORP., a Florida For Profit Corporation, authorized to do business in the State of Florida, ("Contractor"), whose address is 4311 W. Ida Street, Tampa, Florida 33614. WHEREAS, County desires to contract for the performance of the work and/or services described in Exhibit "A" and identified as the Scope of Work, which is for Countywide Chiller Maintenance and Service at Multiple Locations in Monroe County ("Project"); and WHEREAS, Contractor desires to and is able to perform the work and/or services described in the attached Exhibit"A"; and WHEREAS, it serves a legitimate public purpose for Contractor to perform the work and/or services for Monroe County as described in the attached Exhibit"A"; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Contract Documents consist of this Agreement and any amendments executed by the parties hereafter, the Request for Proposals ("RFP") documents, and any addenda issued prior to the execution of this Agreement, including the response to the RFP, exhibits, and all required insurance documentation and licenses. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and/or services shown and listed for the locations as noted in Exhibit "A", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated,or as amended throughout the term of this Agreement. At times, the County may request additional services for the repair, replacement, or upgrade of major components, parts, or equipment as noted in Exhibit "A". The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. AGREEMENT Page 1 of 54 265 3. TERM OF AGREEMENT The initial term of this Agreement shall be for two (2) years which shall commence on August 1, 2024, and will terminate on July 31, 2026, unless terminated earlier under Paragraph 27 of this Agreement. The County shall have the option to renew this Agreement for up to an additional four (4) one- year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2)years. The County is not required to state a reason if it elects not to renew. 4. PERSONNEL The Contractor will be responsible for the supervision, hiring, and firing of their own employees and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Communication between the County Representative and the Contractor's personnel is very important. Therefore,the Contractor must assure that at least one (1)of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State, and Federal regulations. Uniforms are preferred for Contractor's personnel; however, photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 5. BACKGROUND CHECKS /FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check within five (5) days of such employment. The Contractor will be responsible for the supervision, hiring, and firing of their own employees, and shall be solely responsible for the pay,worker's compensation insurance,and benefits. Some work will be conducted at secure facilities, including, but not limited to Corrections/Detention facilities, law enforcement, and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; AGREEMENT Page 2 of 54 266 D. Prior Employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriffs Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO,the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 6. CONTRACT SUM AND PAYMEC 'rS TO CONTRACTOR A. County's performance and obligation to pay under this Agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion of the repair by the Contractor and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. An Application for Payment Details form is attached hereto as Exhibit"B"and made a part hereof. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 30th. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment of those services. AGREEMENT Page 3 of 54 267 C. The County shall pay the actual cost of parts, materials, and refrigerants, excluding freight, equipment rental, tax amounts, surcharges, and services supplied by others purchased from the manufacturer plus Fifteen percent(15%)to fulfill the obligations of the Contract.The County shall pay the actual cost of equipment rentals plus Five percent (5%) to fulfill the obligations of the Contract. Delivery fees, travel, mobilization fees, tax amounts and surcharges are excluded from mark up. Freight, delivery and mobilization fees, tax amounts, surcharges,and services supplied by others shall be reimbursed for amounts charged. Parts will be paid at the wholesale cost plus Fifteen percent (15%) on all parts provided by Contractor and approved by the County. Manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the rates set forth in the Contractor's bid as follows: Labor—Normal working hours of 8:00 a.m.to 5:00 p.m., Monday through Friday, excluding holidays: $ 95.00 per hour, mechanic $ 95.00 per hour, senior mechanical specialist $135.00 per hour, mechanic plus helper $135.00 per hour, senior mechanical specialist plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $140.00 per hour, mechanic $140.00 per hour, senior mechanical specialist $160.00 per hour, mechanic plus helper $160.00 per hour, senior mechanical specialist plus helper There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit itemized invoices in writing. For invoicing purposes, the hours shall be calculated in fifteen (15) minute increments. E. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics, or three percent (3%), whichever is less, and shall be based upon the CPI-U computation on December 31 st of the previous year. F. Total Compensation to Contractor for Additional Services under this Agreement shall not exceed Three Hundred Nineteen Thousand ($319,000.00) Dollars per contract year, unless pre-approved work requiring additional funds is implemented and approved by the Board of County Commissioners. The County will request quotes for additional services as set forth in Paragraph 2 and Exhibit"A" herein. AGREEMENT Page 4 of 54 268 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF R.ECOT DS, Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 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 §200.334, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 9. I tGHT'TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the 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 County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties,or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. AGREEMENT Page 5 of 54 269 10. PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the 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 request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to AGREEMENT Page 6 of 54 270 a valid public records request within a reasonable time may be subject to penalties under Section 1 19.10, 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 ,MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET SUITE 408 KEY WEST FL 33040. 11. HOLD HARMLESS, INDEMNIFICATION,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 and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating 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 Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 12 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 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. AGREEMENT Page 7 of 54 271 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers 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 State of Florida and the (County) Agency's sovereign immunity. 12. INSURANCE Con tractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Facilities Maintenance Department Contract Monitor,as appropriate,whenever acquired, amended, and annually during the term of this Agreement. Prior to execution of this Agreement,Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: • WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable,coverage to apply for all employees at minimum statutory limits as required by Florida Law,and Employee's Liability coverage in the amount of 500 000.00 bodily injury by accident,$500 bodily injury by disease,policy limits,and$ 0{ 000,00 bodily injury by disease, each employee. • COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300,00 -00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided,the minimum acceptable limits are $,?,()0 00..00 per person, $!Q0,000.00 per occurrence, and $200.000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. • COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.0 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. • CERTIFICATES OF INSURANCE.Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if AGREEMENT Page 8 of 54 272 requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials,employees,agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 13. NON-WAIVER OF IM I.INITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed 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 for waiver. 14. INDEPENDENT CONTRACTOR At all times and for all purposes under this Agreement Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 15. NONDISCRIMINATION l E . 1JAL EMP:LOVMENT OPPORTUNITY 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 of the part of any party, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex,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 AGREEMENT Page 9 of 54 273 VIII of 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 of the basis of disability; 10)Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement,the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339)as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11, ¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex, sexual orientation, gender identity,or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. AGREEMENT Page 10 of 54 274 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 1]246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance;provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 16. ASSIG NMFNT/SUBCONTR.A T Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. AGREEMENT Page 11 of 54 275 17. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 18. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list." 19. ET111CS CLAUSE "Contractor warrants that he/she/it had not employed, retained, or otherwise had act on his/her/its 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 20. CONVENA:NT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, either direct or indirect, which would conflict in any manner or degree with its performance under this contract, as provided in Sec. 112.311, et. seq., Florida Statutes, and the only interest of each is to perform and receive benefits as recited in this Agreement. 21. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position;conflicting employment or contractual relationship; and disclosure or use of certain information. 22. NO 'SOLICITA"TION/PAYMENT AGREEMENT Page 12 of 54 276 County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 23. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment, lien,or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 24. NOTICE [aQUIFtEEMENT All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre- paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Air Mechanical & Service Corp. Facilities Maintenance Department 4311 W. Ida Street 123 Overseas Highway—Rockland Key Tampa, Florida 33614 Key West, FL 33040 and County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 25. 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 AGREEMENT Page 13 of 54 277 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. 26. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 27. TERMINATION A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after seven (7) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination,the County shall provide Contractor with seven (7)calendar days' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D.Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon ninety(90)days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. AGREEMENT Page 14 of 54 278 E. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5),Florida Statutes,the County shall have the option of(1)immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. 28. MECHANIC'S LIENS The Contractor shall not permit any mechanic's lien or liens to be placed on any of the Locations or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Contractor or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat.,the liens authorized in Chap. 713, Fla. Stat. do not apply to the County. Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 29. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The parties waive their rights to trial by jury. 30. INTERPRETATION AND MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. AGREEMENT Page 15 of 54 279 31. SEVERABILITY If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 32. ATTORNEYS FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 33. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Contractor and County representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or 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 Paragraphs 15 or 27 concerning termination or cancellation. 34. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 35. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 36. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Agreement to legal counsel of its choice and enters into this Agreement freely, voluntarily, and with advice of counsel. AGREEMENT Page 16 of 54 280 37. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. 38. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 39. LEGAL OBLICA"PIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 40. NON-DELEGA,rION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 41. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 42. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 43. NO PERSONAL LIA.BILI'T'Y No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. AGREEMENT Page 17 of 54 281 44. EXECUTION IN COUNTERPAR,rs This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 45. LINCONTROLLABLE CIRCUMSTANCE Any delay or Failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by ail event beyond such Parry's control, without Such Party's faLilt or negligence and that by its nature Could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable. (a) acts of God, (b) flood, fire, earthquake. explosion, tropical storm, hurricane or other declared emergency in the geographic '7 area of the Project; (c) war, invasion. hostilities (whether war is declared or riot), terrorist threats or acts, riot, or other Civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, Or blockades in, effect on, Or after the date of this Agreement; (f) action by any governmental aLithOrity prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"), Conti-actor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse perforinance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration Of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrol]able Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a iTSUlt of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time a as the Owner's Representative may determine. 46. 'PARAGRAPH READINGS Paragraph headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such paragraph headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 47. COMMON CARRIER RESPONSIBILITIES If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. 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. 48. MCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. AGREEMENT Page 18 of 54 282 49. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 50. FEDERAL CONTRACT REQUIREMENTS The Contractor and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 50.1 Clean Air Act 42 U.S.C. 7401-7671qj and the Federal Water Pollution Control Act (33 U.S.C. �§12,1 1387,as amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended(42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. §§7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the County, and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 50.2 Davis-Bacon Act, as amended 40 1.&C.. "3141m 3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000, awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable,the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, which is attached hereto as Exhibit "C" to this Agreement and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the Contractors, in contracts for construction or re air work above 2 000 in situations where the Davis-Bacon also a lies, must also comply AGREEMENT Page 19 of 54 283 with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each Contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. i) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. ii) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven (7) days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 50.3 Contract Word; Hours and Safet , Standards Act. Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. _§§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.3702 of the Act,each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40)hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. AGREEMENT Page 20 of 54 284 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1),the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. §5.5 (b)(1)of. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.5 (1)through (4). 50.4 Rights to Inventions Made Under a Contrict or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 50.5 Debarment and Suspension Executive Order's 12549 and 12689 . A contract award under a "covered transaction" (see 2 C.F.R. 1180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement, Debarment and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at wwLA sam. ov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935)or its affiliates(defined at 2 C.F.R. §180.905)are excluded(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is a material representation of fact relied upon by the County. If it is later determined that the AGREEMENT Page 21 of 54 285 contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180,subpart C and 2 C.F.R.pt.3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 50.6 Byrd Anti-L,obb inu Ansendment 31 U.S.C. "1-3 2). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit"D" to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 50.7 Compliance.with Procurement of Recovered Materials as set forth in 2 C.F.R. '200.323. Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3.At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/sini-n/comprehensive-procurement-gL►i eline-c g-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal and/or FEMA Requirements (as applicable): AGREEMENT Page 22 of 54 286 50.8 Americans with Disabilities Act of 1990 as ar erjded ADA ,. 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. 50.9 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 50.10 Access to Records. Contractor/Consultant and their successors,transferees,assignees,and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 50.11 Deoartment of Homeland Security(D1j- Seal, Lo,o, and Fla s. The Contractor shall not use the DHS seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 50.12 Compliance with Federal Law Re ulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract.The Contractor will comply will all applicable Federal law, regulations,executive orders, FEMA policies, procedures, and directives. 50.13 Disadvantaged Business Enterprise DBE Police and Obligation, It is the policy of the County that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the basis of race,color, national origin,or sex in the award and performance of contracts, entered pursuant to this Agreement. A Minority Owned Business Declaration form is attached hereto as Exhibit"E" and made a part hereof, if applicable. 2 C.F.R, §200.321 CONTRACT NG WI'11-1 WALL MINORrrY BUSINI SSES, WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS. AGREEMENT Page 23 of 54 287 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: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the req_uirernent permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in paragraph (i.)through (v.)of this section. 50.14 Chances to Contract. The Contractor understands and agrees that any cost resulting from a change or modification,change order,or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract changes or modification, change order, or constructive change must be approved in writing by both the County and Contractor. 50.15 Prohibition on Certain Telecommunications and "Video Surveillance Services or E ui meat as set forth in 2 C.F.R. ' 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 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 oth6rwise connected to, the government of a covered foreign country. AGREEMENT Page 24 of 54 288 50.16 Domestic Preference roi-Procurements as set forth in 2 C.F.R. '200.322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. (2)'`Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 50.17 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 50.18 Pro ram Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 50.19 Energy Efficiency. If applicable, 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. 50.20 Construction Debris and Materials, The Contractor shall load, haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket,the Contractor must also provide the name of the Deposit site,the ID Number of deposit site, and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s) of the fill material utilized. The Contractor must also note if the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide the County with the length, width, and depth of the area that is dug up. If the area is a circle, then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, whether there was any vegetation removal and, if so, how it was placed back. Final payment is contingent upon compliance with these provisions. 51. The Contractor is bound by any terms and conditions of any applicable Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division). 52. The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. AGREEMENT Page 25 of 54 289 53. The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 54. M I..ITUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 55. ENTIRE AGREF ENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 56. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] AGREEMENT Page 26 of 54 290 IN WITNESS WHEREOF,each party has caused this Agreement to be executed by a duly authorized representative 4 COUNTY: (SEAL) BOARD OF COUNTY COMMISSIONERS Y ATTEST. `KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA `4 r� By , ' As De' ty Clerk By � �.....--- Mayor/Chairman Date: t- 2 0 Z CONTRACTOR: AIR MECHANICAL & SERVICE CORP. Witnesses for CONTRACTOR: � r /r Signature of person autho.rfed to Signature legally bind Corporation Dater-- LrT Prin 'N' e Date Print Name Title Address: Signature ' At. f'rU ,Telephone_Number Print Name Date Crn — :71 MasVE COUPt1Y ATTORNEY'S OFFICE Fri PATRICIA EOSLES ASSISTANT XrTOR IEV GATE: iU"? 021, �J AGREEMENT Page 27 of 54 291 EXHIBIT "A" SCOPE OF WORK EXHIBIT A Page 28 of 54 292 EXHIBIT "A" SCOPE OF WORK A. SPECIFICATIONS: 1. Bid/Contract prices shall include all scheduled inspections and maintenance needed to complete service. This includes routine maintenance of all County maintained Chillers and their associated components. Should Monroe County require additional services or items provided by Contractor but said services and/or items have not been specifically defined in the Bid/Contract Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the contract parameters will be adhered to by the Contractor. 2. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used for such repairs. 3. Ductwork and Piping Insulation repair and replacement - Maintenance and Repair of the chillers,pumps,and cooling towers systems shall include Ductwork and Piping Insulation inspection, repair, and replacement work. Insulating piping and ductwork throughout Monroe County buildings shall be conducted on an ongoing basis as needed. 4. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any Chiller system malfunction within four(4)hours of verbal,written,or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. 5. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County chillers so that such emergency repair will be completed within forty-eight(48) hours of notification by the Owner. 6. The County shall pay the actual cost of parts, materials, and refrigerants, excluding freight, equipment rental, tax amounts, surcharges, and services supplied by others purchased from the manufacturer plus Fifteen percent (15%) to fulfill the obligations of the Contract. The County shall pay the actual cost of equipment rentals plus Five percent(5 %)to fulfill the obligations of the Contract. EXHIBIT A Page 29 of 54 293 Delivery fees, travel, mobilization fees, tax amounts, and surcharges are excluded from mark up. Freight, delivery and mobilization fees, tax amounts, surcharges, and services supplied by others shall be reimbursed for amounts charged. Parts will be paid at the wholesale cost plus Fifteen percent (15 %) on all parts provided by Contractor and approved by the County. Manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. B. LOCATIONS: The facilities with Chillers and machinery to be serviced are located throughout the entire Keys.Buildings to be serviced shall include,but not be limited to,the following: CHILLER SYSTEMS AND LOCATIONS BUILDING LOCATION CHILLER TONS Key West Jackson Square 500 Whitehead 1 - Daiken 100 Street, Key West Key West Jackson Square 500 Whitehead 1 - York 100 Street, Key West Harvey Government 1200 Truman 1 - Daiken 100 Center Avenue, Key West Gato Building 1100 Simonton 1 - Daiken 100 Street, Key West Gato Building 1100 Simonton I -Carrier 100 Street, Key West Monroe County 5501 College Rd., Detention Facility - Key West 1- Daiken 87 Headquarters Monroe County 5501 College Rd., 2 - Daiken 300 Detention Facility Key West Monroe County Detention Facility - 5501 College Rd., 2 -Carrier 80 Department of Juvenile Y Ke West Justice Medical Examiner's 3301 Overseas 1 - Daiken 60 Office Hwy., Marathon Murray E.Nelson 102050 Overseas 1 - Carrier 96 Government Center Hwy., Key Largo C. REPAIRS AND MAINTENANCE :FOR,CHILLERS: EXHIBIT A Page 30 of 54 294 The Contractor shall furnish maintenance and repairs, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with Chillers and all related components. 1. Service Level Required a)The service level that Monroe County will be seeking is Level 1 service, which includes monthly, quarterly, and annual maintenance, as recommended by the manufacturer. b) The specific service steps are listed in the manufacturer's service guidelines for each make and model of chiller unit. c) In addition,the Proposer will quote the cost,where appropriate, to return each chiller to full manufacturer's operating condition. This is defined as the ability to operate chillers and its performance parameters in order to achieve the highest efficiency of the unit and provide energy savings through its highest performance possible. 2. Annual Maintenance is defined as: a) Centrifugal Chillers (Carrier) i. Customer Notification of Unit Maintenance ii. Initial Site Inspection iii. Lock Out Tag Out Chiller iv. Electrical Inspection V. Meg Motor A Motor Terminals vi. Control Panel Calibration Check vii. High Pressure Refrigeration Leak Check Inspection viii. Condenser Tube Brushing, Including Head Removal ix. Check Head Operation X. Oil Analysis Per Circuit Generic xi. Compressor Oil Level Check xii. Manual Log b) Air Cooled (Trane and Daiken) i. Customer Notification ii. Initial Site Inspection iii. Review Diagnostics iv. Lock Out Tag Out At Main Disconnect V. Electrical Inspection (RTA) vi. Compressor Starter Inspection vii. Flow/Differential Mechanical Switch Check viii. Remove Lock Out Tag Out at Main Disconnect ix. Condenser Fans Check RTA Per Circuit EXHIBIT A Page 31 of 54 295 X. Condenser Coil Check xi. Oil Return Operation Check per Circuit xii. Oil Level Check(Screw Machines) Per Circuit xiii. Oil Analysis Per Circuit xiv. Low Temperature Sensor Calibration xv. Control Panel Calibration Check xvi. Leak Test Inspection (Positive Inspection) xvii. Coil Cleaning Solution (Applied) xviii. Start Unit xix. Compressor Check(HeliRotor Compressors) xx. Compressor and Oil Separator Heater Check xxi. Techview/Kestrel View Connection xxii. Run Service Report from Kestrel View xxiii. Techview/Kestrel View Disconnection xxiv. Complete Required Paperwork SEE MAINTENANCE SCHEDULES ON FOLLOWING THREE (3)PAGES EXHIBIT A Page 32 of 54 296 Service Monthly Semi- Annual Inspect General Condition and Operation X Observe O eration of: Motor, Coupling, Gearbox and Fan X Makeup Valve Inspect _ X _._. .. _�_ _...._ ._......... _..._... 1 t and Clean: Inspect Clean Air Inlet Louvers X X Drift Eliminators X X Cold Water Basin and Outlet X X Hot Water Basin X X Fan Motor Exterior X X Check: Cold Water Basin Level X Check Gearbox for: Oil Leaks X Proper Oil Level X Loose Bolts or Oil Plug X Plugged Oil Lines or Vents X Thoroughly Inspect.Mechanical Coupling X Check Gearbox Oil X Check and Ti hten as Re uired: Mechanical Equipment Bolts X Motor Anchor Bolts X Tower Framework Structural Bolts X Fan Assembly Bolts X Inspect Metal Surface and Touchup X Note: Gear Lube shall take place every 5 years using synthetic gear lube. EXHIBIT A Page 33 of 54 297 CHILLER MAINTENANCE SCHEDULE Service Monthly Annual Operating Inspections Check Operations of Purge Unit * X Check Purge Unit Controls * X Tighten All Electrical Connections X Check Approach Temperatures X Check And Clean System, Auxiliary and Pump Water Strainers X Check Unit Starter Operation and Contacts X Check Load Limits Relay X Check Setting and Operation of P.E. Switches X Check All Sight Glasses X Check Oil Pressure Regulator X Check Operators Log ITITITm X Complete Operations Log on Unit For 90 Min. Period at 15 Min. X Interval Check Gauges for Calibration or Replacement X Check Flow Rates Through Evaporat or and Condenser X Annual Major Maintenance Change: Oil and Purge Refrigerant Filters * X Meg Compressor Motor X Lubricate Vane Control Shaft * X Set Pilot Positioner* _ X Set Vane Operator * X Meg Oil Pump Motor X Test and Calibrate All Safety and Interlocking Controls X Vibrate Test Compressor Motor X Brush Condenser Tubes, Clean air-cooled condenser coils X Load Analysis, Calculate vs. Design Efficiency X Sample Oil for Spectrographic Analysis * X Maintain Oil Separator * Change Every Two Years (start X 2024) • As applies to centrifugal or screw type machines EXHIBIT A Page 34 of 54 298 CHILLER PLANT MAINTENANCE SCHEDULE _ Service Monthly Annual Operating Inspections Check all Condenser fan blades and motors X Check operation of all crankcase heaters X Check all fluid pressures and levels X Check all motorized valves X Check bearings in cooling towers X s in all pumps fluid Check bearings . p g 11 s X Check all pump couplings X Check all VFD's X _ ...... _...... Check all VFD cooling fans X Submit a list of repair/replacement advisories X X Sample all Ice tanks/Test for glycol presence/submit repair list X Exercise all Bypass valves X Exercise and lubricate all plant hand valves X Clean and flush all make up water_ valves X Clean and check all automatic air vents X Blow down all air scoops X Blow down all expansion tanks and set pressure as required X Clean and lube all plant, motorized valve actuators X Tighten all butterfly valve linkages X Check all metal pay is for corrosion and treat as secfuired X Check all insulation and repair as required X Purge grease all pL11np bearings X Purge grease all tower bearings X _ Check and align all pump COLIplifIgS X Clean all VFD heat sinks and check all Plant VFD's operation X EXHIBIT A Page 35 of 54 299 D. SUPERVISION AND INSPECTION OF WORK Sufficient supervisory personnel shall be provided, and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems which may arise will be taken care of promptly, the Contractor will maintain a twenty-four (24) hour telephone contact seven(7)days per week for the receipt of any complaints and/or addressing any issues. Random inspections shall be performed by County Representatives from the Facilities Maintenance Department administering the contracts. Deficiencies shall be corrected within a twenty-four(24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. E. CHILLER AND COMPONENT REPLACEMENT In the event a Chiller or any of its major components or parts, including ductwork, need to be replaced or repaired due to a major component failure, system breakdown, or upgrade, the County shall have the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto. Approval of such proposals/quotes shall follow the current Monroe County Purchasing Policy. Only after receiving an amendment, if required by the County's Purchasing Policy, and/or notice to proceed from the County, shall the Contractor proceed with these additional services as noted herein. EXHIBIT A Page 36 of 54 300 EXHIBIT "B" APPLICATION FOR PAYMENT DETAILS EXHIBIT B Page 37 of 54 301 APPLICATION FOR PAYMENT DETAILS DATE: ARRIVAL TIME: DEPARTURE TIME: LOCATION&ADDRESS: �.................._. MAKE: MODEL _._. SERIAL#: PARTS AND MATERIALS COSTS ("S"if on Stock Parts Price List) ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 1 2 3 4 REFRIGERANT COST_LBS @ _PER LB=SUB-TOTAL $ „mm.............m,_ PARTS/MATERIALS&REFRIGERANTS SUB-TOTAL $ EQUIPMENT RENTAL SUB-TOTAL %INCREASE ON ABOVE PARTS,MATERIALS&REFRIGERANTS $— %INCREASE ON ABOVE EQUIPMENT RENTAL $ ........ FREIGHT CHARGE TAX CHARGES $....,,, _ COST FOR SERVICES SUPPLIED BY OTHERS $ SUBTOTAL S LABOR COSTS Names&#Hours Hourly Rate SUB-Total $Amount Mechanic HOURS @ $____ SUB-TOTAL$. Senior Mechanic Specialist HOURS @$ .p, —SUB-TOTAL S Mechanic&Helper HOURS @ $_ -..__ SUB-TOTAL$ See or Mechanic&Helper HOURS @ $ _ _....., SUB-TOTAL S OT Mechanic HOURS @ S_ SUB-TOTAL$ OT Senior Mechanic Specialist HOURS @ $ _.._SUB-TOTAL$� OT Mechanic&Helper HOURS @ $ —SUB-TOTAL S OT Senior Mechanic&Helper HOURS @ $_ m„_ SUB-TOTAL$� LABOR TOTAL $ TOTAL $ DLSCRI.PTION OF WORK Date Authorized Signature/Title * Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts/materials and Refrigerants(if not on Stock Parts Price List),freight for transportation/shipping costs,taxes, equipment rental amounts and services supplied by others. EXHIBIT B Page 38 of 54 302 EXHIBIT "C" DAVIS-BACON WAGE DETERMINATION STATEMENT EXHIBIT C Page 39 of 54 303 32624,12:28 PM SAM.gov "General Decision Number: FL20240022 03/15/2024 Superseded General Decision Number: FL20230022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658, Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). IIf the contract is entered Executive Order 14026 into on or after January 30, generally applies to the 12022, or the contract is I contract. Irenewed or extended (e.g., an I, The contractor must pay I ]option is exercised) on or I all covered workers at I ]after January 30, 2022: I least $17.20 per hour (or I I I the applicable wage rate I I I listed on this wage I I determination, if it is I I higher) for all hours I I spent performing on the ] I I contract in 2024. ] IIf the contract was awarded onl. Executive Order 13658 I for between January 1, 2015 and] generally applies to the ] IJanuary 29, 2022, and the I contract. I Icontract is not renewed or I. The contractor must pay alll (extended on or after January I covered workers at least 130, 2022: I $12.90 per hour (or the I, I applicable wage rate listedl l I on this wage determination, I I I if it is higher) for all I I I hours spent performing on I that contract in 2024. I I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 https:Hsam.gov/\ivage-determination/FL20240022/2 EXHIBIT C Page 40 of 54 304 32624.'12:28 PM SAM.gov 2 03/15/2024 ELECO349-003 09/01/2023 Rates Fringes ELECTRICIAN... . 39.81 14.62 ENGIO487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. .... . . .. ..... ... . . ... .$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes.... .. .. . . . . .... .$ 40.40 14.90 Cranes 130-300 Ton. ... . ......$ 39.38 14.90 Cranes 76 ton to 129 Ton.. . .$ 37.57 14.90 ---------------------------------------------------------------- IRONO272-004 10/01/2023 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING.... ... .... .. ....... ..$ 27.75 15.27 ------------------------------------------------------------------ PAINO365-004 06/01/2021 Rates Fringes PAINTER: Brush Only.. .. .. . ......$ 20.21 12.38 * SFFLO821-001 01/01/2024 Rates Fringes SPRINKLER FITTER (Fire Sprinklers).... .. ..... . .. .. .. ... . .$ 32.03 23.01 ------------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation)... .. .... .. ... .... . .$ 29.10 14.68 ----------------------------------------------------------------- * SUFL2OO9-059 05/22/2009 Rates Fringes CARPENTER. . ... . .. . .... .. ... . ... . .$ 15.08 ** 5.07 CEMENT MASON/CONCRETE FINISHER.. .$ 12.45 ** 0.00 FENCE ERECTOR.. ....... ..... . ... . .$ 9.94 ** 0.00 LABORER: Common or General.. .. ..$ 8.62 ** 0.00 LABORER: Pipelayer... .. ... . ... . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. .. . .$ 16.98 ** 0.00 OPERATOR: Paver (Asphalt, https:/Isam.gov/wage-determination/FL20240022/? EXHIBIT C Page 41 of 54 305 32624,12:28 PM SAM gov Aggregate, and Concrete). . .. . .. . .$ 9.58 ** 0.00 OPERATOR: Pump. . ... .. .. .. ... .. . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. ... . .,$ 11.21 ** 0.00 PLUMBER. . . . .. . . . . .. . .. .. . . ... _$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply... .. . .. . . .... . . ... . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation.. . ...... ..$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. .. ... . . . . . . 8.00 ** 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ------------------------------------------------------------ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical hftps://sam.gov/wage-determination/FL20240022/2 EXHIBIT C Page 42 of 54 306 326/24,12:28 PM SAM.gov order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. https://sam.gov/wage-determi n ation/F L202400222 EXHIBIT C Page 43 of 54 307 3/2624,12:28 PM SAM.gov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" https://sam.gov/wage-determination/FL202400222 EXHIBIT C Page 44 of 54 308 EXHIBIT "D" BYRD-ANTI LOBBYING CERTIFICATION EXHIBIT D Page 45 of 54 309 BYRD-ANTI LOBBYING CERTIFICATION APPENDIX A 44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. 1f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. V. xr - ertf or a1° accuracy of Tile Contractor, i affirms the trLrthl`ulrtes and acrrrrt each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, a ply this certilic�ion and disclosure, if any. Si_&aturc of Contractors i rued Official Name and Tit ors Authorized Title of ontract Official Date EXHIBIT D Page 46 of 54 310 11114. DISC LOSE-RE Of LOBBV-f-,%G ACTIN-ITIES CCIMPU=-'MIS PCILM TIZ ZzCLOSE L055Y2;S.V,:777717ZZ PURSUX17 TO 31 U3,C 1352 1, Type of Federal Actiew 2. Status of Federal Actiow 3. Report TYpe; a for MC, r.bWLQffff aW11CMOE1 & ,f IMI b MEW1 awwd b razen-ilrJunze d lam For MMefill C h22ge 0211F, a, loan gt=ME+- year_ qUMOFJ f tom ituu=E date of tast Mp4rE t. Name and address of Reporting F'at s. U Rep utiog Ent i"ioN. e-4is Saba wardt*. Enter NM&amd address af Prime Or=e -ud2E Tier— if kavwu Cougmsional Disnict,u,"knom congremoull Disinq if Wwwm 6 Federal 7° Federal Fr as!XameMescripbau.-I CFDA Number,if appbcable T#deral Ard=Number.Lf Imawn, 9, Awud Amoant,Lf knou= M a,- Name and Address of Lobby En fit'v b, Individuh Performing Sermes (mclWing t,If mdavutual,last mare.,5rye:t me. address if diffiermftmNo 10a) Jag nam ,ffiv UA (attach Conmumon Shem'g)if necessary) IL Amois of Paymeet(Chack 22 that apply) 13. Ty-peofPiyment lchKkA that aPPtY,) S_El actual [—]pl=ed & Mamer b. one-urw fee 12- For of Pa at(check A OW appl�)- r- comaussm & cidl d- cwttgenr fee b m-kmd, spmfy� nawe a deferred value f. odws,specie 14. BridDescriptkm of Semces Performed or to bt performed and D2WS)Of S#rvice�iRCtQdi*9 offker(s�ev*oree(s),ones contacted,for Payment Indicated in Item 11- (artacb 00nuizuaten Sbw,�i)if Mecesszy) 1,5, Coadanatiou Sbevl(s)attached: Yes FJ No 0 WM=6,DU:vqtA4Mi 61OU4 d"s tam 1'6=,&Mizod b7, Tia; sipamn, rgida=Q=,%piwad by dia=:Above wk=h"=u-'am 7m ma&aT antes i3sto, Tkai disclowzu as mqw=d Rrmi NamE Fuz-A=to 31 US,-' B52 rzFm%d�u Ca=vls umim=,v&,v wA w-U be rrmljbio 5ox Title: pubjj&j oq,Krjan Amypw-un who Euhiv 5Jad2azvqwxvd &jhZ'j0'&UrQ dL311 b4-�ab3�Kt PgMakwY afaa't:'alr'him jj� Dare:,,DOC=,JOrMCM ffi=SJ,30OW ACT MCh=, ,36jj= Telephone No.: Authoamed%r 1..ot4 Reproduzzon Federal Use Only. Standazd Form-LLL 2-6c PART2COUNTY EXHIBIT D Page 47 of 54 311 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). IL. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity notjust time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90<<ENDIFu2- 6d PART 2/COUNTY EXHIBIT D Page 48 of 54 312 EXHIBIT IIBIT "E" MINORITY OWNED BUSINESS DECLARATION EXHIBIT E Page 49 of 54 313 a tunainoritv s Owned ubcontrctrengaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise,as defined in Section 288.703,Florida Statutes or w is not a minority business enterprise,as defined in Section 288.703,Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term "related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may re'er tp F S.288.703 fo[jnore inf'brmation. Contractor .•..� Date: Signature Print Name: 4 Title .........� Address: City/State/Zip J0.4i .. For Monroe County Verification: Title/OMB Department: Verified via:httos`/'/osd.dm5.myflorida.com/directories. EXHIBIT E Page 50 of 54 314 ADDITIONAL COUNTY FORMS ADDITIONAL COUNTY FORMS Page 51 of 54 315 COUNTYFORMS AFFIDAVIT PROJECT: c(-)uNTYW1DE CH[LLER Maintenance and Service,.Multiple Locations CONTI-'�ACTORJCoNSI..Jll.,TA.NT: &,ji'lPke Gi�iijp, .. ........................................................................................ .By signing this Nffidaviit, (ION]RACTOR/CONSUl ]ANT' has swom or affirnied to the Following requirements as set R)rth in the PubficEntity Crime Staternent, .Ethics Clause, Drug Free Workplace Statement,Vendor Cerlification.Regarding Scrutinized Companies 1.ist,and Non- (.11oflusion Aftidavit as set Forth below. Public,Enfitv Crime Stateme:iat The CO.NT.'.I.U.,C'I'OR/(,"(..)NSUI..,'rAiq,r certifies an.d agrees that CO.N'.rl-.tAC'I'OR/CO.NSUI..,'I'ANI' 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, proposal, or reply on as contract to provide goods or services to as public entity; may not submit as bid,,proposal, or reply on a.contract with as public entity for the constructi011 or repair of a public Ibuuil.ding or public work.; may not submit bids, proposals, or replies on leases of real property to as public entity; may w:)t be awarded or perform work as a contractor, supplier, subcontractor or consulutnt 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 a public enmity crirne may not submit as bid., proposal, or reply on contracts to provide any goods or services to as public entity, may not submit a bid,proposal, or reply on as contract with a public entity 1.,br the construction or repair of as public building or I.:)ublic work, may not submit bids, proposals, or replies on leases of real property to as public,,, entity, may not be awarded or perflnm work as an contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business witt-i any public entity in excess of the threshold amount provided in Section 287.017 oftheFlorida Statutes, for CA"FEGORY TWO for a 1period of 36inonths from the date of being placed on the convicted vendor list. By executing this Affidavit,CONTRACTORA"ON SUL'rAN'.1'represents that tl-ieexecution ofthis Affidavit will not violate the Pulblic Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall resu.111in termination of the Agreernent and recovery of all monies paid hereto and may result in debarment from COUNTY's conipelitive procurement activities. .In addition to the fibregoing, CONTRACTOWCONSULTAN'r further represents that there has been no deten-nination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as as"public entity crime" and that it has not been formally charged with corrunitting an act defined as an "public entity crime" regardless of the amount of money involved or whether CON'I'RAC'.I'O.IVCONSUL'I'.AN'.1' has been placed, on the, convicted vendor list, .Page 26 of 88 316 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. Ethics Clause By signing this Affidavit, the CONTRACTOR/CONSULTANT warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 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. Dru -Free Work dace CONTRACTOR/CONSULTANT in accordance with Florida Statute, Sec. 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. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT complies fully with the above requirements. Vendor Certification Regarding Scrutinized Com anies 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 Page 27 of 88 317 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. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: )eiia T',iris/,,1ta[e 1: :; g,/ 'If: rll "rib O�IN"�ied iljp"�N`�V11 iiiiiiiatJr g ii1i N 1 �� qr N911 Iists Non-Collusion Affidavit CONTRACTOR/CONSULTANT by signing this Affidavit, 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 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. SIGNATURES ON NEXT PAGE Page 28 of 88 318 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING AFFIDAVIT OF COMPLIANCE AND THAT THE FACTS STATED IN IT ARE TRUE. 4/ "9 4 Haj,29, 2024 (Signature of Authoriz4dRepresentative (Date) of Contractor/Consultant) Print Name: B"Yers, .................. ....... STATE OF COUNTY OF .. ......... .... ..... .............. The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [] physical presence or online notarization this 'Qgh day of J, ................... Signature of Notary Public-State of Florida ? .......................................................................................................... Name of Notary My commission expires: Personally Known OR Produced Identification __ ............................... Type of Identification Produced ..... ................................. ... ...... Notary Public State of Florida Bonnie L Brousseau My Commission HN 432M Expires 911312027 Page 29 of 88 319 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 of the city of according to law on my oath,and under penalty of perjury,depose and say that Entity") t of the firm of a. I am ...... �..� he�� bidder making the Proposal 5 i for the Faro c scr abed in the Request for Proposals for e�and that I executed the said proposal with full autliarity t5' o do so.µ b. The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes.(Source: §287.138(2)(a),Florida Statutes); c. The government of a foreign country of concern does not have a controlling interest in Entity.(Source: §287.138(2)(b),Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201,Florida Statutes.(Source: §288.007(2),Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes,or a subsidiary of such entity.(Source: § 288.007(2), Florida Statutes); f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes); g. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes.(Source: §§692.203(6)(a),692.204(6)(a),Florida Statutes) i. 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 contaic ed in this affidavit in awarding contracts for said project. (Signature).m � Date: STATE OF: COUNTY OF: jAA Subscribed and sworn to(or affirmed)before me,by means ofUphysical presence or❑online notarization,on name of a: an I. He/She is personally known to me or has ro (date)by ( P Y p dtrcctl __(type of identification)as idend ricati NOTARY U.., ......... IC rs, CHRISTINE E COLLINS My Commission Expires: , '_. Notary Public-State of Florida Commission k HH 266973 My Comm.Expires Jun 9,202i on�ted through National Notary Ass-. ADDITIONAL COUNTY FORMS Page 52 of 54 320 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT F.S. 908.111 I, M ....._ of the City of according to law on my oat' , and under penalty of perjury, depose and say that: If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. (Sign atUre) M Printed Name Date: STATE OF: s' COUNTY OF:. Subscribed and sworn to (or affirmed) before me, by means of Er hysical presence or ❑ online notarization, affiant He1Sh s personally known to me or has produced date b ( ) p (type of identification) as ideali NOTAI� P�1' BLIC ^ cl�Ri 5TM e C4M UNS Notary Public.State of Florida My Commission Expires: Commission#HH 266923 ! My Comm,Expires Jun 9,2026 Branded through National Notary Assn. ADDITIONAL COUNTY FORMS Page 53 of 54 321 Entity/Vendor end or N ame:Vendor FEIN: �... Vendor's Authorized Re presentative: A/C, 5 ��....._.__ (Name and Title) Addresser , _ City: ��'" State., � ...... Zip: Phone Nu ber: M Email Address: � �. `� 6 w ,err As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: m °'u C who is authorized to sign on behalf of the above referenced c _ ompany. ., � Authorized Signature: .._.... Print Name: Title ADDITIONAL COUNTY FORMS Page 54 of 54 322 71/25/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sarah Arizmendl Baldwin Krystyn Sherman Partners LLC PHONE FAX 4211 W Boy Scout BlvdIA/C. A/c No Ext: 239 780-0187 A/C,No), Suite 800 ADDRESS: certificates@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# License#:L002281 INSURER A: National Fire Insurance of Har 20478 INSURED AIRMECH-01 INSURER B:The Continental Insurance Comp 42625 Air Mechanical&Service Corp. 2700 Avenue of the Americas INsuRER c:Zenith Insurance Company 13269 Englewood FL 34224 INSURER D: Great American Insurance Coma 16691 INSURERE: Everest Indemnity Insurance Co 10851 INSURER F: COVERAGES CERTIFICATE NUMBER:85412465 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y 7036334667 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGES( RENTED PREMISES Ea occurrence) ccurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L PRO ECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 7036363120 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR 7036371301 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$In nnn $ C WORKERS COMPENSATION Y Z139757802 1/1/2024 1/1/2025 X STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below D Excess Liability-2nd Layer TUE 5547696 00 1/1/2024 1/1/2025 $4M Each Occur. $4M Aggregate B Leased/Rented Equipment* 7036363263 1/1/2024 1/1/2025 Limit/Max Per Item $350,000/$25,000 E Contractors Poll./Prof.Liability EF4CP00001-241 1/1/2024 1/1/2025 $1M Each Occur. $2M Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Leased/Rented Equipment Deductible s$1,000. Monroe County BOCC is included as Additional Insured with respect to General Liability(Ongoing and Completed Operations)and Auto Liability if required by written contract and subject to terms,conditions and exclusions of the policies.A Waiver of Subrogation in favor of the Monroe County BOCC applies to General liability,Auto liability and Workers Compensation if required by written contract,and subject to terms,conditions,and exclusions of the policies. Umbrella Liability policy follows form over General Liability,Auto Liability,and Employers Liability/Workers Compensation subject to terms,conditions,and exclusions of the policies. 1r , T A w m"� BY CERTIFICATE HOLDER CANCELLATION 1 25 24 +I SHOULD ANY OF THE "�• THE EXPIRATION C ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 323 71/25/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sarah Arizmendl Baldwin Krystyn Sherman Partners LLC PHONE FAX 4211 W Boy Scout BlvdIA/C. A/c No Ext: 239 780-0187 A/C,No), Suite 800 ADDRESS: certificates@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# License#:L002281 INSURER A: National Fire Insurance of Har 20478 INSURED AIRMECH-01 INSURER B:The Continental Insurance Comp 42625 Air Mechanical&Service Corp. 2700 Avenue of the Americas INSURER C:Zenith Insurance Company 13269 Englewood FL 34224 INSURER D: Great American Insurance Coma 16691 INSURERE: Everest Indemnity Insurance Co 10851 INSURER F: COVERAGES CERTIFICATE NUMBER:85412465 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y 7036334667 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGES( RENTED PREMISES Ea occurrence) ccurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L PRO ECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 7036363120 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR 7036371301 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$In nnn $ C WORKERS COMPENSATION Y Z139757802 1/1/2024 1/1/2025 X STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below D Excess Liability-2nd Layer TUE 5547696 00 1/1/2024 1/1/2025 $4M Each Occur. $4M Aggregate B Leased/Rented Equipment* 7036363263 1/1/2024 1/1/2025 Limit/Max Per Item $350,000/$25,000 E Contractors Poll./Prof.Liability EF4CP00001-241 1/1/2024 1/1/2025 $1M Each Occur. $2M Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Leased/Rented Equipment Deductible s$1,000. Monroe County BOCC is included as Additional Insured with respect to General Liability(Ongoing and Completed Operations)and Auto Liability if required by written contract and subject to terms,conditions and exclusions of the policies.A Waiver of Subrogation in favor of the Monroe County BOCC applies to General liability,Auto liability and Workers Compensation if required by written contract,and subject to terms,conditions,and exclusions of the policies. Umbrella Liability policy follows form over General Liability,Auto Liability,and Employers Liability/Workers Compensation subject to terms,conditions,and exclusions of the policies. 1r , T A w m"� BY CERTIFICATE HOLDER CANCELLATION 1 25 24 +I SHOULD ANY OF THE "�• THE EXPIRATION C ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 324