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HomeMy WebLinkAboutItem C08 C8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: C8 2023-3964 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval to correct a minor Scriveners error of the contract value on the original AIS for the approval to enter into an Agreement with Gallagher Bassett Services, Inc, Technical Service Division for "on call" air quality testing. ITEM BACKGROUND: This AIS corrects a scrivener's error on cover page of Agenda Item C 18 of the March 25, 2025 BOCC Meeting, for the Total Dollar Value of the Contract from $80,000 to $120,000 to match the BOCC approved Agreement with Gallagher Bassett Services Inc on March 25, 2025 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement and agenda cover page at the March 25, 2025 meeting INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Amend the language of the AIS cover page for the Original Agreement with Gallagher Bassett Services Inc. to change the Contract Total Dollar Amount from $80,000 to $120,000 to match the approved agreement. STAFF RECOMMENDATION: Approval DOCUMENTATION: C18 AIS.pdf C18 Gallagher Bassett Services.pdf FINANCIAL IMPACT: 165 Total Dollar Value of Contract: NTE $120,000 per year Budgeted: Yes 166 C18 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschem,District 5 Board of County Commissioners Meeting March 25, 2025 Agenda Item Number: C 18 2023-3539 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval is requested to waive Purchasing Policy requirements and price quote/bid process requirements and enter into a new Agreement with Gallagher Bassett Services, Inc., Technical Services Division, for "on call" air quality testing, analysis, and reporting services for various public facilities within Monroe County when the need arises for such services. Funding sources will vary. ITEM BACKGROUND: Due to recent events, the County desires to have an "On-Call" contract for air quality testing, analysis, and reporting services for various public facilities within Monroe County. Staff has encountered the need to employ a contractor on numerous occasions when the need arose to conduct air quality testing on buildings that may have mold, asbestos, or other toxins within the facilities. Gallagher Bassett Services, Inc. has provided this service on a consistent basis when needed as being one of only a few companies to provide such service in the Keys for these needs and has performed efficiently in the past on numerous occasions. Gallagher is familiar with all of the facilities within Monroe County and has access to historical testing data from several Monroe County buildings as well as having access to specialty laboratories for the unique testing needs in Monroe County. The "as needed" Scope of Services covered under this Agreement shall include, but is not limited to, air quality testing, asbestos testing and consultation, lead-containing paint inspections, Industrial hygiene testing, microbial testing and consulting services, moisture monitoring, air emissions compliance services, health and safety consulting, Phase I environmental site assessments, and Phase II site investigations. At the suggestion of the Clerk's office and OMB, staff seeks to waive the Purchasing Policy requirements that would provide for a competitive solicitation process due to the fact of Gallagher Bassett being primarily the main firm that provides services in the Keys for the County and their familiarity with the County facilities. Staff further seeks approval of the attached Agreement with an initial two-year term that will commence retroactive to October 1, 2024, and terminate on September 30, 2026, unless renewed pursuant to the contract provisions. Their services will be utilized as needed per facility with a total not-to-exceed amount of $80,000.00 annually. Staff seeks approval of the waiver and the Agreement. 1 167 PREVIOUS RELEVANT BOCC ACTION: None INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Gallagher COI Monroe-County-BOCC 10-29-24-Exec.pdf Continuing Services Contract-Air Quality Testing, Analysis & Reporting Services for County Buildings [Gallagher Bassett Service.pdf FINANCIAL IMPACT: Effective Date: Retroactive to 10/01/2024 Expiration Date: 9/30/2026 Total Dollar Value of Contract: NTE $80,000.00 per year (unless other emergency work approved by BOCC) Total Cost to County: $80,000.00 Current Year Portion: Unknown- on call services Budgeted: Yes Source of Funds: Funding sources will vary depending on specific need. CPI: Yes (3% annually) Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes (COI attached) Additional Details: This is a new agreement. 2 168 AGREEMENT WITH GALLAGHER BASSETT SERVICES, INC., TECHNICAL SERVICES DIVISION FOR AIR QUALITY TESTING, ANALYSIS, AND REPORTING, MONROE COUNTY, FLORIDA This Agreement is made and entered into this 25t" day of March, 2025, by and through MONROE COUNTY, FLORIDA ("County" or"Owner") a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GALLAGHER BASSETT SERVICES, INC., TECHNICAL SERVICES DIVISION, ("Contractor" or "Gallagher Bassett")) a Delaware corporation, authorized to do business in the State of Florida as a Foreign Profit Corporation, whose principal address is 2850 Golf Road, Rolling Meadows, IL 60008,and whose mailing address for the purposes of this Agreement is 2700 West Cypress Creek Road, Suite D-122, Fort Lauderdale, FL 33309, (with each being a "PARTY" and collectively referred to as the "Parties"). WHEREAS, County and Contractor have had a long-time relationship, with Contractor providing air quality testing, analysis, and reporting services for Monroe County; and WHEREAS,the Contractor is familiar with all of the facilities within Monroe County and has access to historical testing data from several Monroe County buildings as well as having access to specialty laboratories for the unique testing needs in Mon-roe County; and WHEREAS, the County desires to have an "On-Call" continuing air quality testing, analysis, and reporting services contract for various public facilities within Monroe County; and WHEREAS, the Contractor desires and is able to provide air quality testing, analysis, and reporting services for various public facilities within Monroe County; and WHEREAS,it serves an important and legitimate public purpose for Contractor to provide air quality testing, analysis, and reporting services for various public facilities within Monroe County on an as-needed basis; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereto enter into this Sole Source Agreement for Air Quality Testing, Analysis and Reporting ("Agreement") on the terms and conditions set forth below. 1. THE AGREEMENT This Agreement includes and consists of this contract document, Exhibits "A", "B", "C" and "D" and all other attachments hereto. 169 2. SCOPE OF WORK Section 1. CONTRACTOR'S RESPONSIBILITIES The Contractor shall do,perform,and carry out in a professional manner certain duties as described herein as part of this Agreement. The"as-needed" Scope of Services covered under this Agreement shall include, but is not limited to, air quality testing, asbestos testing and consultation, lead- containing paint inspections, Industrial hygiene testing, microbial testing and consulting services, moisture monitoring, air emissions compliance services, health and safety consulting, Phase I environmental site assessments, and Phase 11 site investigations. In performing these services, the Contractor may at times find it necessary to utilize third party laboratories for supplementary testing and such additional services are authorized under this Scope of Work as per the Cost and Fee Schedule attached hereto as Exhibit "A". Additionally, the County may use Contractor, as a consultant as needed, to review and assess any safety and containment plans provided by contractors performing certain remediation and repair work. for the County. The services performed by Contractor for each individual request under this Agreement will be considered a "Project." The County does not guarantee quantity of services,particular scope, or amount of work. Services will completely be dependent upon the needs of the County at any given time. The services must comply with the requirements of Federal Emergency Management Agency (FEMA),the State of Florida, and any other applicable Federal, State, County, or local governing agency, laws and regulations. Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall maintain adequate staffing levels to provide the services required under the Agreement. B. To the extent that Contractor uses employees,subcontractors,or independent contractors, this Agreement specifically requires that the employees,subcontractors,and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES A. The County will provide such data as is required by the CONTRACTOR and is mutually agreed upon. B. The County will make payments as outlined in Paragraph 6 of this Agreement. C. County will submit written requests to Contractor as its services are needed on individual Proj ects. GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 12 170 3. TERM OF AGREEMENT This two (2) year Agreement shall commence retroactive to October 1, 2024, and ends upon September 30,2026,unless terminated earlier in accordance with 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 sixty (60) days prior to the end of the initial term. Unless the contract 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 Project 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 prelbri-ed 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 If applicable for certain Projects, specifically any that are in the Corrections/Detention Facilities, law enforcement, and fire rescue, Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) of the Contractor receiving the results. 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. 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; D. Prior Eniployment check; and E. Criminal History check GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 13 171 are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee 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 PAYMENTS 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, Florida Statutes Sec. 218.70 et seq.; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit, invoices with supporting documentation acceptable to the Clerk per Project to Chrissy Collins at colliiis-chriss3�k4,)Inonroecounty-.fl joy and she will review the documents and route them to the appropriate County representative for approval.. Upon receiving all required approvals, the invoice(s) will be forwarded to the County Clerk's office for payment. 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. 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 1" through September 30"'. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. C. COUNTY shall pay to the Contractor for the performance of frequently used services set forth herein, in addition to all other services outlined in Paragraph 2, Scope of Work, and requested by the County, pursuant to Gallagher Bassett's Cost and Fee Schedule with rates effective through December 31, 2024, attached hereto as Exhibit "A" and made a pail hereof. The County will reimburse Contractor for travel, lodging, and per them expenses and other travel related out-of-pocket expenses in accordance with the then current Monroe County BOCC Travel Guidelines and/or Florida State Statute See. 112.061, as applicable. All other expenses shall be paid at the rates set forth in Exhibit "A". If applicable, the invoices of manufacturers, subcontractors, labs, or other outside sources utilized by Contractor with any additional supporting documentation, must accompany Contractor's invoices submitted for GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 14 172 payment. The rate schedule set forth in Exhibit "A" shall be in force from the execution and effective date of this Agreement up to the one-year anniversary date of the Agreement. If any expert witness testimony becomes necessary, the rate will be agreed upon at the time of the request. D. Total Compensation to CONTRACTOR for Services under this Agreement shall not exceed ONE HUNDRED TWENTY THOUSAND AND 00/100 ($120,000.00) Dollars per contract year unless pre-approved emergency work requiring additional funds is implemented. E. Commencing after one (1) full year from the effective date of the Agreement, and annually thereafter, the Contract amount may be adjusted by three percent (3%) each year., 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement,appropriate licenses and approvals required to conduct its business and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained 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 See. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 15 173 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 ten(10)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. 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 16 174 exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody,release, alter,destroy,or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, PUBI.,ICRECOR.[D)kS'(i),MONIZOE4,tCO'UNTV-FL.GOV. PHONE NO. 305-292- 3470. 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, (13) 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 17 175 liability shall not be deemed to reduce 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 any project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. FDEM Indemnification To the fullest extent permitted by law, when applicable, 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 Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service tinder 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 and any extensions. 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. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the insurance amounts and limits as noted herein. Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 pelge 18 176 by accident,$500,000.00 bodily injury by disease,policy limits,and$500,000.00 bodily injury by disease, each employee. 0 COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided,the minimum acceptable limits are $200,000.00 per person, $300,000.00 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 $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 0 PROFESSIONAL LIABILITY. Professional liability coverage with limits of liability of not less than $500,000 per occurrence, or $1,000,000 aggregate. 0 CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies of any insurance policies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement or immediate suspension of all work until the required insurance has been reinstated or replaced. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 13. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of See. 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, GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 19 177 subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 15. NONDISCRIMINATION/EQUAL EMPLOYMENT 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 V11 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 V111 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. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause as set forth below: During the performance of this Agreement,the Contractor, in accordance with Equal Employment Opportunity(3 0 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 3 3 9) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal EIIII)loyment 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: GALLAGHER BASSETT AGREEMENT—EFFECTIVE OCTOBER 1, 2024 P a g e 110 178 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. 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) If applicable, the Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 6) If applicable,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. GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 11 179 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. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the contractor so participating is a State or local government,the above equal opportunity clause is not applicable to any agency,instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refund occurred until satisfactory GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 112 180 assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings." 16. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 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 govermuent, 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 Contractor,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. ETHICS CLAUSE "Contractor 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. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No, 0 10-1990. 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. CONVENANT 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 GALLAGHER BASSETT AGREEMENT—EFFECTIVE OCTOBER 1, 2024 P age 113 181 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 SOLICITATION/PAYMENT County and Conti-actor 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 REQtJIREMENT 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 band 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 Gallagher Bassett Services, Inc., Facilities Maintenance Department Technical Services Division 123 Overseas Highway—Rockland Key 2700 West Cypress Creek Road, Key West, FL 33040 Suite D-122 Fort Lauderdale, FL 33309 and GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 1""' age 114 182 County Attorney I I 11 12"' Street, Suite 408 Key West, F1, 33040 25. E-VERIFY SYSTEM "Beginning January 1, 2021, in accordance with Fla. Stat. Sec. 448.095, as may be amended from time to time, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. Pursuant to Section 448.095: 1. A public agency, Bidder, oar• subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract," 26. TAXES County is exempt from payment of Florida State Sales and Use taxes. A copy of the tax exemption certificate will be provided upon request. 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. GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Nag e 115 183 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 mariner 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. 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, at the County's option, 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 116 184 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 tern-is 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. 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 tern-is, 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. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing patty, at all levels of the court system, including in appellate proceedings. 33. ADJUDICATION OF DISPUTES OR DISAGREEMENTS GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 117 185 County and Contractor agree that all claims, disputes, and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This 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 in-Lire 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. 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 OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 118 186 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-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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, a Drug-Free Workplace Statement, and a Vendor Certification Regarding Scrutinized Companies List. 43. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 44. EXECUTION IN COUNTER-PARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which when taken together will constitute the Agreement. If any signature is delivered by email delivery of a ".pdf' format data file, such signature will create a valid and binding obligation of the party executing(or on whose behalf such signature is executed) with the same force and effect as if the".pdf'signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. 45. UNCONTROLLABLE CIRCUMSTANCE/FORCE MAJEURE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts,riot, or other civil unrest in the 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 GALLAGHER BASSETT AGREEMENT- EFFECTIVE OCTOBER 1, 2024 1:1 a g e 119 187 date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, 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 Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time a as the Owner's Representative may determine. 46. PARAGRAPH HEADINGS 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. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 48. NO WAIVER OF BREACH It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Agreement shall be construed to be a waiver of any succeeding breach of the same covenant. 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. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387,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 et. seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251 et. seq.) 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 120 188 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 U.S.C. §�3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, (Davis-Bacon is not federal required for procurements under FEMA's Public Assistance (PA) or Hazard Mitigation Assistance Grant Programs (HMGP)), 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 "B" 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, Poll Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the PAor HMGP programs, the Contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies,must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Pail 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. GALLAGHER BASSETT AGREEMENT- EFFECTIVE OCTOBER 1, 2024 Page 121 189 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 Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers, and construction work 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. (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 and interest from the date of underpayment. 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$32 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). (3) Withholding for•unpaid wages and liquidated daniages. (i) Withholding Process. The recipient or subrecipient may, upon its own action or must, upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liability of the prime contractor or any subcontractors for any unpaid wages,monetary relief,including interest;and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 122 190 federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2), The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (13) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (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 (5) 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 (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i)Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii)Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part. Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watch GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 123 191 persons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s)of work performed;hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. (2) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. 50.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient 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 Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. Part-180 and 2 C.F.R. Part 3000) must comply with the following: Contractor is required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 50.6 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Contractors that apply or bid for an award exceeding $100,000 shall 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. §13 5 2. Each tier must also disclose any lobbying with non-Federal finds that takes place in conriection 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 "C" to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 124 192 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— a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) 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, littps:HwwNv,el)a,gov/siiini/comprehel)SiVC-pi-OCLire,i,neiit-guicle[iiie-cpg-prc)graiii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contractor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused,refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. Other Federal and/or FEMA Requirements (as applicable): 50.8 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA,the regulations of the Federal 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 GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 125 193 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. In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. The Contractor agrees to Monroe County,the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 50.11 Department of Homeland Security (DHS) Seal,Logo, and Flags. The Contractor must obtain written permission from DHS prior to using the DHS seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials. This includes use of DHS component (e.g, FEMA, CISA, etc.) seals,logos, crests, or reproductions of flags, or likenesses of component officials. The Contractor shall include this provision in any subcontracts. 50.12 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable Federal law,regulations, executive orders, FEMA policies, procedures, and directives. 50.13 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and 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 "D" and made a pail hereof, if applicable. 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND NUNORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 126 194 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 requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as 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 Changes to Contract. To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. Any contract change 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 Equipment as set forth in 2 C.F.R. § 200.216. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause— (b) Prohibitions. 1) Section 889(b)of the John S.McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2)Unless an exception in paragraph(c) of this clause applies,the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; iii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical techriology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 127 195 or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. 1) This clause does not prohibit contractors from providing— i. A service that connects to the facilities of a third-party, such as backbaul, roaming, or interconriection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: I. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3) Reporting requit-einent. 1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as pail of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient,unless elsewhere in this contract are established procedures for reporting the information. 2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: I. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. 11. Within 10 business days of submitting the information in paragraph(d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts and other contractual instruments. 50.16 Domestic Preference for 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, GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 128 196 acquisition, or use of goods, products, or materials produced in the United States (including but is 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. 50.17 Build America, Buy America Act (BABAA Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to COUNTY with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. I t7-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FEMA. For FEMA financial assistance programs or other federally funded programs subject to BABAA, contractors and subcontractors must sign and submit the following BABAA certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. 50.18 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. 50.19 Program 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 EfficieqgL. 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. 1 50.20 Socioeconomic Contracting. The Contractor is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)(5)to ensure small businesses,minority businesses,women's business enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. 50.21 Copyright. License and Delivery of Works Subject to Copyright. The Contractor grants to the County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 129 197 prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (insert name of the recipient or subrecipient) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. 50.22 Providing Good, Safe Jobs to Workers. Creating Good Jobs. Pursuant to FEMA Information Bulletin No. 520, the contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. 50,23 Buy Clean. Monroe County encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, Monroe County encourages that the performance of this agreement includes considering the use of low-carbon materials which have substantially lower levels of embodied greei-A-iouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration. 50.24 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. GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 P a g e 130 198 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. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 55. 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] GALLAGHER BASSETT AGREEMENT— EFFECTIVE OCTOBER 1, 2024 Page 131 C) C) C14 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by a duly authorized representative. COUNTY: (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: As Deputy Clerk By: Mayor/Chairperson Date: MONROE COUNTY ATTORNEY'S OFFICE pVEDAA�STO 0 M PATRICIA ASSIST!ffff _ MORNEY Witnesses for CONTRACTOR: DATE: CONTRACTOR: GALLAGHER BASSETT SERVICES, INC., TECHNICAL ....... ;001'"" Si nature 4 person authorized to SignatuW" legally bind Corporation Date: �ci 2,C)2,t> f 4we VVV2kfVV �.Y&!Ae 1A�/A5' ni I y" 0�q Print Name Date Print Name Title n oqpk' Address: C Signature j �11A)i It Z':'2 14 L.0 vd C-jy U 0-4'A%44-c L oU t- 9 41q,(As' Telephone Number Print Name Date GALLAGHER BASSETT AGREEMENT- EFFECTIVE OCTOBER 1, 2024 Page 132 0 N (EXHIBIT "A" GALLAGHER BASSETT COST AND FEE SCHEDULE GALLAGHER TECHNICAL SERVICES BASSETT GALLAGHER uAsssTT SERVICES,|mm,TECH N[CAL SERVICES DIVISION CONSULTING SERVICES RATES FLORIDA COST AND FEE oCHEnULE-2o24 /. INVOICE CONTENTS Invoices for services and work provided by Gallagher Bassett Services,Inc,(GBSI)will consist of:(1)hourly rate fees for professional and support personnel;(2)travel,shipping,and communication charges;and(3) sales vr gross receipt taxes, as applicable. Hourly and travel charges will be based from nu,ta|-to-vo,ta|. These rates are effective through December az,2uo^ n. PEKSON0ELRATES Subject to periodic revisions,hourly rate fees for Personnel are indicated as follows: Title Project Director $225.00 Board Certified Professional(ws'PE,csr.c|H,cHMM) $225.00 Licensed Asbestos Consultant $200.00 Safety Manager $200.00 Sr Project Manager $175.00 Sr.Industrial Hygienist $150.00 Lead Risk Assessor $190.00 Project Manager $135.00 Safety Inspector $130.00 Industrial Hygienist $11*.00 Associate Project Manager $100.00 sr Environmental Technician $muoo AvopcAunmhspersuo/oa^i«no, $85.00 Environmental Technician $80.00 Project Coordinator $70.00 Project Administrative Support $65.00 In addition to the hourly rates set for above and any agreed upon lump-sum rate,the Client will reimburse all direct costs incurred by GBSI,including travel,lodging,and per them expenses,as well as all other out-of-pocket expenses in accordance with the schedule shown o^the next page. GallagherBasset Technical Services Rate Sheet Page |n. UNIT RATES/OTHER NON-LABOR RATES Equipgel lee Microbial Analysis per Sample pee Air Sampling Pumps/day $100.00 Swab/Tape-Lift 3 Hr TAT $155.00 |RComera/day $76.00 Swab/Tape'LiftoH,TAT $90.00 XxRdav $1,500.00 *wnb/upa'uftx4HrTAT $40.00 Myco-Rapid Surface Test/sample g75.00 uivan,oso|oHrTat $155.00 Corn panyTruck/day $116.00 Bioac,o»n|6HrTAT $90.00 Equipment Rental cnst+zo% 0naermm|o4x,TAT $40.00 Asbestos Bulk per Sample/Lave Lead Analysis per Sample Bulk NOB pLm(a*nr TAT Only) $25.00 Lead Paint Chips axrTAT $25.50 Bulk NOB PLM Prep Only $15.00 Lead Paint Chips 24HrTAT $13.00 Bulk PLMoHrTAT $60.00 Lead Dust Wipe sH,TAT $I1.00 Bulk PLMz4HrTAT $25.00 Lead Dust Wipe ox,TAT $13.00 Bulk rLM4aH,TAT $15.00 Lead io Soil z4HrTAT $20.00 Bulk pLM Point Count 4oO $35.00 Lead TcLp3oHrTAT $225.00 Bulk PLM Point Count Iuon $275.00 Lead TCLP48H,TAT $120.00 Bulk TcMzx Hour TAT $60,00 Lead Tc|p7aHrTAT $100.00 Vermicu|ioe-zvH,TAJ $260.00 Radon Analysis Vermiculite'4oH,TAT $215.00 Radon Short-Term $15.00 Vermiculite-1 week TAT $120.00 nedonm^aferm g25.00 Asbestos Air per Sample xirpcM-aH,TAT $24.00 Air pcxx-o4H,TAT $15.00 Air T[M74n2nHrTAT g195.00 Air TcM74o2r4HrTAT $140.00 Air Ts^xAHexxxHrTAT $125.00 Air TExxAHsnA24HrTAT $85,00 Other Expenses Subcontractors coso10Y0 Other Expenses Not Referenced onsw100% dq 0 N EXHIBIT "B" DAVIS-BACON WAGES STATEMENT 28e/259:41mN SAM.gov LO 04 "General Decision Number: FL20250022 01/34/202S Superseded General Decision Number: FL20240022 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 14020 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). 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. Irenewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at I I the applicable wage rate I I listed on this wage I I determination, if it is I I higher) for all hours I I spent performing on the JIf the contract was awarded onl . Executive Order 13658 lor between January 1, 2015 andl generally applies to the Icontract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 1 I applicable wage rate listedl I on this wage determination, 1 I if it is higher) for all I I hours spent performing on 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 hLtp://www.doI.gnv/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 l 01/24/2025 hops:Vsam.gov/wage-datenninatiomFL20250022/1 1/0 2/18/25,9:41 AM SAM.gov to O N ELECO349-003 09/01/2023 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 39.81 14.62 ---------------------------------------------------------------- ENGI0487-023 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-OO4 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 28.84 15.72 ---------------------------------------------------------------- PAINO365-OO4 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- * SFFLO821-001 01/01/2025 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . . . . . . . . . . . . . . . . .$ 34.03 23.70 ---------------------------------------------------------------- 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, Aggregate, and Concrete). . . . . . . . .$ 9.58 ** 0.00 https:Hsam.gov/wage-determination/FL20250022/1 2/6 2M8/25.9:41AN SxM.guv 04 OPERATOR: Pump. . . . . . , . . , . . . . , , . , 11.00 ** 0.80 PAINTER: Roller and Spray, , . . , . ,$ 11.21 0.08 PLUMBEK. . . . . . . . . . . . . . . . . . . . . . . . . . 12.27 ** 3.33 ROOFER: Built Up' Composition, Hot Tar and Single PIy. . . . . . . . . . . . . . . . . . . . . . ,$ 14.33 8.80 SHEET METAL WORKER, Excludes HVA[ Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . 8.00 ** 8.15 __________________________________ 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 ($17.7S) or 13658 ($13.30). 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 14020 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 E0, the contractor must provide employees with I hour of paid sick leave for every 30 hours they work, up to Sh 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 E8 is available at https://www.doI.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 (29CFK 5,5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rote (current union negotiated rate), a survey https:Hsam.gov/wage-determination/FL20250022/1 3/6 2/18m5.8:41AN SAM.gov 00 rat", a weighted union average rate' a state adopted rate, or o `~ supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than "^SUll'.3 ""UAVG""' ?SA?' or ?S[? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-885 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate 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. The date, 87/01/2024 in the example, is the effective date of the most current negotiated rote. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement ([BA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rote is a weighted union average rate. 0H indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rotes in the collective bargaining agreements on which the rate is based. Survey Rote Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 [FR 1,2) for this classification in the survey or that the rate was derived by computing o weighted average rote based on all the rates reported in the survey for that classification. As o weighted average rate includes all rates reported in the survey' it may include both union and non-union rates. Example: SUFL2022-007 6/27/I024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the 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. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 [FK 1.6(c)(1), State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were 2U8/259:41AN GAM.guv adopted under 29 [.F.R 1.3(g)-(h). Example: SAME2023-007 `~ 81/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date/ 81/83/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS l) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys/ should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.Rov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S, Department of Labor 200 Constitution Avenue, N.W. Washington, DC 28210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.Onv or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, 0[ 20220 2) If on initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 [FR Part 1.8 and 29 CFK Part 7). Requests for review and reconsideration can be submitted via email to dbu.reconsideration@doI.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 208 Constitution Avenue' N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description/ area practice material, etc. ) that the requestor considers relevant to the issue. hupa:8aam.gvv/Wmga~dmerminatiun/Fm0250022U 5/6 2/18/259:41AM G8M.gu *) 3) If the decision of the Administrator is not favorable, an r4 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 280 Constitution Avenue, N.W. Washington, D[ 20210. END OF GENERAL DECISION" hups:Hsmm.gov/wmge-dmorminaUon/FL20250022/1 6/0 N EXHIBIT "C" BYRD-ANTI LOBBYING CERTIFICATION C14 APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid oo offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his oi-her knowledge and belief,that: l. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to an), person for influencing or attempting to influence an mMGcm/ or employee of an agency, a Member of Congress,un officer or employee of Congress,oran employee ofu Member ofCongress 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, ruoup/u|, amendment, or modification of any Federal uooboot, g/'nnL loan, or cooperative aQrcunoenL 2 If any funds other than Federal appropriated funds have been paid orp/i|| 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 ahu|| complete and aubook Standard Po/m-LLL, ''Diau|ouum Form to Report LmbbyinA," in accordance with its instructions. 3. The undersigned aba|l require that the language of this certification be included in the award documents for all eubup/ordo at all dmm (including subcontracts, aubgruob, and contracts onder grmo1m' |000e` and cooperative agreements) and that all euhrocipiuntm aba|| certify and disclose accordingly. This certification iuomaterial representation oF fact upon which reliance was placed when this transaction was made urentered into. Submission ofthis uedifioa1iwo is uprcrequiuite for making orentering into this transaction imposed by meu|iwo |352, title 3l` U.S. Code. If any [undu have been paid or will be paid to any person for influencing nr attempting io inOuuuou no officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of Member of Congress in connection with this uonornibnent providing for the United 8to1oa to insure or guarantee m loan, the undersigned yho|| complete and submit Standard Poon-L[[' "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is u prerequisite for making or co1udug into this transaction imposed by xechwo 1352, iidu 31, U.S. Code. Any person who fails to file the required statement shall be au|jeot to u civil penalty of not less than $l0,0OO and not more than $lOO,U00 for each Such failure. The Contractor,Gallagher Bassett Services, 111C., certifies or oD5nno the truthfulness and aoonruoy of each statement of its cedifino1ion and disclosure, if any. In dditi ` tbeCnutuocto, noderytaudauod ogruoa that the provisions odiea for False Claims and Stulonoerdm, apply 10 this certification 7 if ak AIZ,tl Si�do1uroof Contractor's/\uthorizudK)fOoiul 04 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 a covered Federal action,or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.The filing of a form,is required for each payment or agreemeritto make payment to any 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. Complete all items that apply for both the initial filing and material change report. Refer to the implernenting 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. tl 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 I st 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 organizational 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 identified in item I (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 commitment 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 registrant under the Lobbying Disclosure Act of 1995 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). 11.The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid 01013 Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing-instructions,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,DC 20503. d N EXHIBIT 66D99 Minority Business Declaration Form LO T_ N Minority Owned Business Declaration Gallagher Bassett Services, Inc, a sub-contractor engaged 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 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. Contactor mav refer to F.S.288.703 for more information. Contractpj 15 Date: . Si atu:re Print lame: Title: .. t Address (�.0 " i'M!"S �t,y_',� �. m ) ... City/State/Zip For Monroe County Verification: Title/OMB Department: Verified via:https://osd.dms.myflorida.com/directories cfl N l..®l NTY FO S ti 04 COUNTY FORMS AFFIDAVIT 1, of the city of according to law on my oath, and under penalty of per jury,depose and say that: I am Michael R.Sewell of the firm of Gallagher Bassett Services,Inc. ("CONTRACTOR/CONSULTANT"), the firm entering into an Agreement with the County and that I executed the said proposal with full authority to do so. By signing this Affidavit,CONTRACTOR/CONSULTANT has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement,Ethics Clause,Drug-Free Workplace Statement,Vendor Certification Regarding Scrutinized Companies List,Foreign Country of Concern,and Common Carrier as set forth below: Public Entity Crime Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid,proposal,or reply on contracts 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The CONTRACTOR/CONSULTANT certifies and agrees that neither the firm nor any Affiliate has been placed on the convicted vendor list within the last 36 months. CONTRACTOR/CONSULTANT will promptly notify the COUNTY if it or any subcontractor is formally charged with all act defined as a"public entity crime"or has been placed on the convicted vendor list. Ethics Clause By signing this Affidavit,CONTRACTOR/CONSULTANT warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.010-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also, in its discretion,deduct fi-0111 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. Drull-Free Workplace Statement CONTRACTOR/CONSULTANT in accordance with Florida Statute 287.087 hereby certifies that CONTRACTOR/CONSULTANT shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug Counseling, rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders 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. 00 T_ 04 Vendor Certification RelZardinll Scrutinized Companies Lists CONTRACTOR/CONSULTANT agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List 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 Terrorism Sectors 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 immediately,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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law, is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Note: The List are available at the following Department of Management Services Site: Ilt //www.fin flori&a.co,111/b 'Ji1es oil "L s its L_� /_v SL ti(I up (Lhasi endor inforniation/convicted s ljgq�t eri i at jsLh�(g_j1!![_ ngz g)ij_cjqinp lai tits ven---dor lists —-- ----- Foreign Countries of Concern The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form") is required by Section 287.138,Florida Statutes,which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a pet-son authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid,proposal, quote, or other response, or otherwise entering into a contract with the County. If being awarded the Contract, or otherwise entering into the Contract,would grant Conti-actor access to an individual's personal identifying information,pursuant to section 287.138,Florida Statutes,the undersigned, on behalf of Conti-actor,hereby certifies,represents, and warrants that Contractor is not affiliated with a foreign country of concern,as such countries are identified in section 287.138(1), Florida Statutes.The undersigned additionally certifies,represents, and warrants that: (A)Contractor is not owned by a foreign country of concern; (B)the government of a foreign country of concern does not have a controlling interest in Contractor;and(C)Contractor is not organized Linder the laws of nor has its principal place of business in a foreign country of concern. Common Carrier 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. 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. N UNDER PENALTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AFFIDA OF COMPLIANCE AND THAT THE FACTS STATED IN IT ARE TRUE. v1�r �'-)� Signature of (Dat ) LT _ .QV, CM(Title), STATE OFVIU`Al t COUNTY OF�.° . The foregoing instrument w rn to (;., ffirmed an subscribed beforer e Y means of I sic I esence or [ ] online notarization this ay of 20 , Signature of Not dry Public-State of Florida r ,�C Name of Nota My commission expires: .w � Personally Known OR Produced Identification Type of Identification Produced `• Y ASHL:TORRES MY COMMIH 623102 EXPIRE2029 C) 04 04 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Gallagher Bassett Services, Inc. Vendor FEIN: 36-3365500 Vendor's Authorized Representative: Michael R.Sewell,Southeast Regional Manager (Name and Title) Address: 2700 West Cypress Creek,Suite D-1 22 City: Fort Lauderdale State: Florida Zip: 33309 Phone Number: 813-287-1005 Email Address: rnike_sewell@gbtpa.com 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 11 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 per 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(Cj*U P- ss"wq�(A- Z) who is authorized to sign on behalf of the above referenced co pany. 71 Authorized Signature: — "a Print Name: Title: ka"\om J 11 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 9/30/2024 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: Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 300 S. Riverside Plaza A/C No EXt: A/C,No): Suite 1500 ADDRESS: Chicago IL 60606 INSURER(S)AFFORDING COVERAGE NAIC# wsURERA:Arch Insurance Company 11150 INSURED WCDGROU-01 INSURERB: Nautilus Insurance Company 17370 Gallagher Bassett Services, Inc., INSURERC:Arch Indemnity Insurance Company 30830 Technical Services Division 2850 Golf Rd., 11th Floor INSURERD: Rolling Meadows IL 60008 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:208837576 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY Y ECP2035930-13 10/1/2024 10/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $100,000 T X DED:$25,000 " ) MED EXP(Any one person) $5,000 V X NY LL DED:$50K Y._..m,..-.-`,• ;`. "� PERSONAL&ADV INJURY $1,000,000 10.29.24 GEN'L AGGREGATE LIMIT APPLIES PER: DATE ,.„.,,.e .... .:�.--^-^•^ ---^"—__"—""""'— GENERAL AGGREGATE $2,000,000 POLICY jECT LOCRO- PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 41CAB4938317 10/1/2024 10/1/2025 COMBINED SINGLE LIMIT $5,000,000 A 41CAB4939017 10/1/2024 10/1/2025 Ea accident ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLALIAB X OCCUR FFX2035931-13 10/1/2024 10/1/2025 EACH OCCURRENCE $10,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ Follow Form $ G WORKERS COMPENSATION 44WCI0501917 10/1/2024 10/1/2025 X PER OTH- A AND EMPLOYERS'LIABILITY Y/N 41 WCI4938117 10/1/2024 10/1/2025 STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors Pollution Liability ECP2035930-13 10/1/2024 10/1/2025 Each Occurrence $1,000,000 Professional Liability Each Claim $1,000,000 Occurrence/Claims Made Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is included as Additional Insured, per written contract or agreement,with regards to General Liability per form number ENV-CAS 00006 00(08/10),subject to policy terms,conditions and exclusions.A 30 Day Notice of Cancellation applies in favor of the Certificate Holder as required by written contract,per form number ENV-PEP 00022 00(10/13). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Suite 2-216 AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 221